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The Clean Air Act required the EPA to develop NAAQS for six pollutants commonly found throughout the United States. These pollutants, referred to as “criteria pollutants,” are:
- Sulfur dioxide;
- Particulate matter (PM-10 and PM-2.5);
- Carbon monoxide;
- Ozone;
- Nitrogen dioxide; and
- Lead.
The EPA established a primary and a secondary NAAQS for each criteria pollutant. The primary standard establishes a level of the pollutant in the ambient air that will allow for the protection of human health. The secondary standard is established to prevent environmental and property damage. The standards are reviewed every 5 years.
Attainment Status
Each state has a network of monitoring stations to determine ambient concentrations of criteria pollutants. The EPA uses the monitoring data to determine each area’s attainment status on a pollutant-by-pollutant basis. Areas with an ambient concentration below the NAAQS are designated attainment, while areas exceeding the NAAQS are designated nonattainment. Ozone, CO, and PM-10 have multiple classifications of nonattainment that indicate the severity of pollution in the area.
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Impact on Permitting
The goal in nonattainment areas is to improve the air quality and move toward attainment, whereas the objective in attainment areas is to maintain the attainment status. As a result, the permitting requirements in nonattainment areas are generally stricter than those in attainment areas.
Construction permits. Construction permits for new major sources and major modifications are divided into Nonattainment New Source Review (NNSR) requirements nonattainment areas, and Prevention of Significant Deterioration (PSD) requirements for attainment areas. Because the attainment status is determined by pollutant, it is possible for one source to be subject to NNSR for one pollutant and PSD for another.
Operating permits. Major sources are also required to obtain Title V operating permits. As with construction permits, emissions levels for Title V applicability are impacted by a nonattainment designation. The emissions thresholds for applicability are lower for ozone, CO, and PM-10 based on the severity of the nonattainment classification.
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Court Case Complicates Redesignations
Earlier this year the 6th Circuit U.S. Court of Appeals vacated EPA’s redesignation of the Cincinnati-Hamilton area to attainment for particulate matter. The problem was that the states involved never implemented “reasonably available control measures.” The redesignation to attainment was predicated largely on regional cap-and-trade programs. In Sierra Club v. EPA, the Court found that “reasonably available control measures” or “reasonably available control technologies” are a prerequisite to redesignation.
Do You Need a Permit?
Anytime a new source or a modification to an existing source of air pollution is being considered, the first steps include compiling an emissions inventory and reviewing 40 CFR 81, Subpart C to determine the attainment status of the area where the proposed source/modification will occur. This information will help you determine where to begin your permitting process.