Road Map: Nov. 16

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Road Map Nov. 16
2 weeks
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Standings

• Bay Area
• Berkeley Bowlers 8
• San Jose Bush Babies 8
• San Francisco Huskies 7
• Oakland Bombers 7
• Lafayette Diablos 6

11/19

• So Cal
• Ventura Squid(2) 11
• Snta Barb Green 9
• SD Explorers 7
• SLO Moes 5
• LA Ducts 5

• Pacific Rim
• Sac Planetiers (1) 14
• Hawaii T.huggers (3) 11
• Alaska Drillers 7
• Martinez Muirs 7
• Sonoma Whiners 7

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Where we are in California?
CA is divided into air basins by the Air
Resources Board (ARB)
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We vigorously sample air quality
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PM10 are decreasing in most places
(ARB)
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Various standards
Still an amazing number of days where CA is out
of compliance
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http//www.arb.ca.gov/desig/adm/adm.htm
Not classified
attainment
Transitional
Non-attainment
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AIR POLLUTION POLICY
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Legislation, Rulings and Treaties

• Domestic law on air quality
• Predecessors to the Clean Air Act
• The 1970 CAA
• air quality standards
• SIPs
• EPA
• 1990 revisions
• markets
• Acid rain
• MACT, NSR

• International Environmental Law
• International agreements on
• Acid rain
• Ozone

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Early Air Pollution Legislation

• Cities
• 1880s - Chicago, Cincinnati
• 1890s - Pittsburgh, New York
• States
• 1890s Ohio
• 1952 - Oregon established an air pollution
  control agency

No names and dates just that predecessors to CAA
were cities and state laws
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Early Air Pollution Legislation

• Federal Government
• Air Pollution Control Act of 1955
• authorized money for research
• Motor Vehicle Control Act 1960
• authorized money for research on reducing
  emissions
• Clean Air Act 1963
• did not mandate reduced pollution
• research, setting of criteria, allocated federal
  clean-up money

LACK TEETH
Mostly provided incentive
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Early Air Pollution Legislation

• Federal Government
• Motor Vehicle Act of 1965
• coordinated state standards, but did not really
  limit emissions
• 1967 Air Quality Act
• set state and regional air quality standards
• required federal approval of state standards

Now it is starting to set limits
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The Clean Air Act of 1970

• Amended in 1976 and 1990
• Put EPA in charge of setting standards
• National Ambient Air Quality Standards
• EPA identified health-based standards
• Put EPA in charge of enforcing compliance
• States must develop an implementation plan (SIPs)
• EPA approves SIPs
• Put states in charge of enforcing SIPs

This is how the EPA operates to regulate air
quality
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1970 Clean Air Act

• Established health-based standards for
• Carbon Monoxide (CO),
• Ozone (O3),
• Sulfur Dioxide (SO2),
• Nitrogen Dioxide (NO2),
• Lead (Pb), and
• Particulate Matter (PM10).
• Defines geographic areas that consistently exceed
  air quality standards for these pollutants as
  "non-attainment areas."

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1970 CAA

• New Source Performance Standards
• allows EPA to force new clean technologies on
  industry as they become available
• NSR New Source Review
• Mobile Source Performance Standards
• auto emission standards
• hit auto manufacturers and gas producers

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Stephen Johnson
Review The role of the EPA Federal EPA sets
national standards guidelines States create a
State Implementation Plan (SIP), The federal EPA
approves it States enforce the guidelines and
policies they set as well as issue permits. EPA
can take over protection within a state is the
state fails to enforce actions
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1990 CAA amendments

• Operating Permits in order to engage in a
  polluting activity.
• Permits spell out allowable emissions and enable
  enforcement (companies)
• Automobile inspection program
• all urban areas with 200,000 people must inspect
  vehicles for emissions
• No Significant Deterioration
• Clean sites are not allowed to grime up to the
  limit
• Clean areas stay clean

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More 1990 CAA Amendments

• Increased enforcement capability
• Expands list and strengthens emission standards
• Lots of discretion here, so EPA has issued
  different standards and rulings and these change
  with Administrations
• Creates an Acid Rain Control Program
• Established a pollution market
• EPA grants Allowances
• Allowances may be bought or sold

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Dealing with Acid RainSO2, NOx

• Title IV of the CAA sets goals
• set emission target at 10 million tons below 1980
  emissions
• Phase I implemented in 1995
• 263 units (110 coal burning power plants)
• reduced emissions to 40 below target!
• 182 other units joined (economic incentives)
• Phase II, 2000
• stricter controls
• broader application

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The pollution marketplace

• EPA allocates allowances to industrial emitters
  of SO2
• 2.5 pounds of SO2/mmBtu x baseline mmBtu
• total pounds of allowable SO2 emission (in
  allowances)
• baseline mmBtu the average fossil fuel
  consumed from 1985 through 1987.
• mmBTU million British thermal units

The values are not important. The idea that a
baseline is set on 1980s consumption
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The pollution marketplace

• Industry may buy or sell allowances, but
• MUST comply
• emissions allowances
• This provides a market incentive to clean up
• costs of cleaning up can be offset by gains in
  selling allowances
• EPA awards extra allowances for clean technology
  programs
• Even more incentive

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Total Numbers of Trades
19941999
1998..2001
Point trades increasing. This is the way we
are dealing with SO2, NOx
Sources EPA a few years ago EPA, 2003
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Phase II (2000)

• Stricter controls fewer allowances
• Allowances can be stockpiled, so we may find
  companies using past allowances to exceed
  standards
• Essentially a phase-out program
• Cap and trade
• What happened?
• Went to court, then implemented
• Phase III not yet implemented

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Pollution Market

• Pros
• Provides market incentive for advances
• Rewards over-compliance
• Rewards adopting clean technologies

• Cons
• Problem areas remain problem areas because these
  industries buy allowances and pass cost on to
  consumers
• Maintains non-attainment areas

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EPA---SO2, NOx emissions
Things are getting better
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Acid deposition
1989-1991
2001-2003
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Examples of International Treaties and Conventions

• US Canada Acid rain program
• Montreal Protocol and Ozone
• Rio Earth Summit and subsequent meetings on
  Global Warming

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US Canada Acid rain program
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http//www.epa.gov/airmarkets/ 2006 Report
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For more air quality information
EPA (www.epa.gov) has some great information. Try
their air quality atlas www.epa.gov/ceisweb1/ceish
ome/atlas/nationalatlas/airthreats_images.html
Or http//www.epa.gov/air/data/index.html Califo
rnia Air Resources Board (ARB)
http//www.arb.ca.gov/homepage.htm
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Small motors
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The new frontier of EPA air regulation

• Boat motors
• 100,000 tons/yr of gasoline into environment by
  leakage
• ORVs dirt bikes, personal watercraft,
  snowmobiles
• Fuel leakage
• No pollution control devises
• Lawn equipment
• Ibid.
• Farm equipment
• Few clean technologies currently in use.
• Process require new equipment sales by 20xx to
  include clean technologies (slow clean up)
• Diesel trucks

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Air Pollution Review Questions

• What are two primary sources of international
  environmental law and how are these laws
  enforced?
• How did the 1970 Clean Air Act significantly
  change the face of air quality regulation?
• What are the primary attributes of air quality
  that are monitored?
• Watch the green bars. I expect you to know those.
  Not necessarily all the details below that.

• Is car exhaust covered under the CAA?
• What is the pollution market and what are some of
  its good and bad attributes?
• What are the changes of the 1990 CAA
• Where does methyl bromide fit in with clean air?
• What are the primary legal mechanisms for dealing
  with acid rain, ozone and global warming? What
  are the major international accords?

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The Global Commons
APPENDIX

• Transboundary issues
• Local
• Salt content of the Colorado River
• Sewage content of the Tijuana River
• Ownership of salmon (spawning run or ocean
  territory?)
• Regional
• Acid rain
• Global
• Ozone
• warming

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The Environment and International Regulation

• International laws and treaties

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International Environmental Law

• Two primary models
• Conventional Laws (Treaties)
• United Nations Environment Program (UNEP)
• Governing Council (58 members)
• Environmental Fund ( 5 million)
• Environment Secretariat (200 members)
• Customary Law (Long-standing practice)
• Good Neighborliness
• Due diligence
• To protect the rights of other countries
• Equitable utilization of shared resources
• Pacific salmon are the classic test case
• Duty to inform and cooperate

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1972 UN Conference on the Human Environment,
Stockholm

• Each country has the right to use its resources
  as it sees fit
• No country can inhibit or prohibit another
  country from the full use of its resources
• Actions of one country in pursuit resources
  should not come at the expense of another
  countrys ability to use or protect its
  resources.

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Where do disputes get settled?

• International Court of Justice
• Advisory to the General Assembly of the United
  Nations
• International Law Commission
• 35 representatives chosen by the UN General
  Assembly
• Transboundary legal agreements
• Example the Nordic Convention
• Citizens of Nordic countries can use the legal
  system within another country to settle a dispute