Nonattainment area

Nonattamment. EPA issued final rules for the Emission Offset PoHcy governing development in nonattainment areas. A new source must apply the lowest achievable emission rate (LAER) for the problem poUutant and must obtain a more than equivalent offsetting emission reduction from existing sources. Either the existing sources can be owned by the same company, or the reduction can be bought from other companies. In this way, new growth is ahowed while air quahty improvement is achieved. 

Because of the necessity to comply with national standards for ground-level ozone, some states are planning another phase of more stringent NO emissions limits which may take place in the eady 2000s. These additional post-RACT reductions may affect plants of all sizes and types, but are likely to focus on major sources. The deadline for compliance in the most extreme areas is 2010. For severe nonattainment areas (O levels 0.181—0.280 ppm), including many coastal areas in the Northeast, from northern Virginia to southern Maine, compliance must be achieved by November 2005 to November 2007. Serious ozone nonattainment areas (O levels 0.161—0.180 ppm) are expected to be in compliance by November 1999. Moderate noncompHance areas must comply by November 1996. 

Although considerable federal legislation dealing with air pollution has been enacted since the 1950s, the basic statutory framework now in effect was established by the Clean Air Act of 1970 amended in 1974 to deal with energy-related issues amended in 1977, when a number of amendments containing particularly important provisions associated with the approval of new industrial plants were adopted and amended in 1990 to address toxic air pollutants and ozone nonattainment areas. 

Offsets Policy Offsets were EPAs first application of the concept that one source could meet its environmental protection obligations by getting another source to assume additional control actions. In nonattainment areas, pollution from a proposed new source, even one that controls its emissions to the lowest possible level, would aggravate existing violations of ambient air-quahty standards and trigger the statutory prohibition. The offsets policy provided these new sources with an alternative. The source could proceed with construction plans, provided that ... 

TABLE 25-7 Ozone Nonattainment Area Classifications and Associated Requirements... 

Nonattainment area classification One-hour ozone concentration design value, ppm Attainment date Major source threshold level, tons VOGs/yr Offset ratio for new/modified sources... 

Federal Permitting in Nonattainment Areas If the source sub-jec t to NSR is to be located in an area which is nonattaiumeut for any of the major pollutants that the source will emit, it will need to follow the federally approved state permitting requirements for nonattain-ment areas of that pollutant. In most such cases, offsetting emission reductions at the same or other source locations in the area so as to be at least equivalent to the allowed emission, increases at the proposed source must be provided. 

If in an ozone nonattainment area, does the toller facility actually emit, or have the potential to emit, VOC or NOx in excess of the threshold limit value ... 

The U.S. Qean Air Act Amendments of 1990 (10) strengthened the emission inventory requirements for plans and permits in nonattainment areas. The amendments state ... 

The states are required to submit to the federal Environmental Protection Agency (EPA) plans, known as State Implementation Plans (SIP), showing how they will achieve the standards in their jurisdictions within a specified time period. If after that time period there are areas within the states where these standards have not been attained, the states are required to submit and obtain EPA approval of revised plans to achieve the standards in these "nonattainment" areas. EPA also designates certain areas where the standards are being met, but which have the potential for future nonattainment, as Air Quality Maintenance Areas (AQMA). Such regions have stricter requirements than attainment areas for the granting of permits for new sources of the pollutant not in attainment status. 

VOC emissions must be reduced by at least 15% from 1990 levels in ozone nonattainment areas. 

Title I allows the EPA to define the boundaries of "nonattainment" areas for ozone, CO, and PMjg. Emission standards for these areas will be based on a new set of "nonattainment categories." EPA has established a classification system for ozone design values (goals) and attainment deadlines. Table 24-2 lists these parameters. 

If a nonattainment area is classified as serious, based on ambient ozone measurements, then the state must modify its SIP to bring the area into compliance in 9 years. The CAAA90 also specify the size and, therefore, the number of sources subject to regulatory control as a function of nonattainment classification. Table 24-3 illustrates these requirements for ozone nonattainment classifications of extreme and severe the state must include... 

Classification and Attainment Dates for Ozone Nonattainment Areas... 

As mentioned, nonattainment areas will have to implement different control measures, depending on their classification. Marginal areas, for example, are the closest to meeting the standard. They will be required to conduct an inventory of their ozone-causing emissions and institute a permit program. Nonattainment areas with more serious air quality problems must implement various control measures. The worse the air quality, the more controls areas will have to implement. 

Choose a specific metropolitan area and determine its classification as an ozone nonattainment area. Find the alternative deadline and allowable emissions of NO and VOC com-... 

Another variant is the lowest achievable emission rate (LAER) for a specific pollutant required for a new source of that pollutant to be located in a nonattainment area (i.e., one which has not attained the NAAQS for that pollutant), LAER is the lowest emission rate allowed or achieved anywhere without regard to cost or energy usage. LAER is intended to be more stringent than BACT or NSPS and is also determined on a case-bycase basis. 

Installation of control systems may have a positive economic benefit which will offset a portion of their cost (2). Such benefits include (1) tax deduction provisions, (2) recovery of materials previously emitted, (3) depreciation schedules favoring the owner of the source, and (4) banking or sale of the emission offset credits if the source is in a nonattainment area. 

Nonattainment Area An area designated by the EPA Administrator pursuant to Section 107(d) of the Clean Air Act as having air quality which does not meet one or more National Ambient Air (Quality Standards (NAAQS). For a list of nonattainment areas, see 40 CFR Part 81, Subpart C. 

Location of nonattainment areas for criteria pollutants, September 1998. 

As of November 1, 1992, all gasoline sold in the 39 CO nonattainment areas contained 2.7 wt% oxygen during the winter months. Beginning January 1, 1995, regulations mandated that gasoline sold in the nine worst ozone non-attainment areas contain at least 2.0 wt% oxygen and not more than 1 vol% benzene and 25 vol% total aromatics. Other cities that have had mobile source emission problems can optin voluntarily to the use of reformulated fuels. 

The program length of oxygenated fuels for CO nonattainment areas... 

New or modified facilities in nonattainment areas must follow NSR requirements, which require the source to meet the lowest achievable emission rate (LAER) and to obtain emission offsets to ensure that the nonattainment problem is not made worse by the new/modified source. 

State Operating Permit Program, Title V (Revised 8/29/94) Prevention of Significant Deterioration (new sonrces in attainment areas) and New Sonrce Review (new sonrces in nonattainment areas) LAER reqnirements (existing sonrce)... 

However, in contrast to the previous clean air statutes, the 1990 amendments contained extensive provisions for control of the accidental release of air toxics from storage or transportation (TPG, 1995) as well as the formation of acid rain. At the same time, the 1990 amendments provided new and added requirements for such original ideas as state implementation plans for attaimnent of the national ambient air quality standards and permitting requirements for the attaimnent and nonattainment areas. Title III now calls for a vastly expanded program to regulate hazardous air pollutants (HAPs) or air toxics. 

Attainment area a geographical area that meets NAAQS for criteria air pollutants see also Nonattainment area. 

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