Implementation of the 1990 Federal Clean Air Act Amendments
A Massachusetts Status Report, April 2000
Introduction
The 1990 amendments to the federal Clean Air Act built upon the original framework established by Congress and the 1970 and 1977 amendments to that landmark legislation. The Act established a number of air quality objectives for state and federal governments. The objectives include: attaining the health-based national ambient air quality standards, controlling air toxic emissions, controlling emissions that contribute to acid rain, and improving tools for compliance and enforcement at major sources of emissions.
This document focuses on programs being implemented by the Massachusetts Department of Environmental Protection (MassDEP) to attain the ambient air quality standards.
Ambient Air Quality
National Ambient Air Quality Standards
The Clean Air Act set timeframes and milestones for states to meet and maintain national ambient air quality standards (NAAQS) for six criteria air pollutants:
- ozone (O3)
- carbon monoxide (CO)
- lead (Pb)
- nitrogen dioxide (NO2)
- sulfur dioxide (SO2)
- particulate matter of ten microns or less (PM10)
- particulate matter of 2.5 microns or less (PM2.5)
The U.S. Environmental Protection Agency (EPA) sets the levels and forms of the standards to protect public health with an adequate margin of safety. A state is then required to monitor the ambient air to determine whether it meets a standard. If the air does not meet a standard, the state must develop and implement pollution control strategies to attain that standard. Once the air meets a standard, a state must plan to maintain that standard while accounting for future economic and emissions growth. Taken together, those plans and control strategies constitute the State Implementation Plan (SIP).
Monitoring the Ambient Air
MassDEP implements a highly sophisticated air monitoring network to gather data on all criteria pollutants; there are 42 monitoring stations located in 27 cities and towns. Massachusetts has operated monitors across the Commonwealth for many years and produces an annual report on the monitoring results. See the MassDEP Air Quality Report for 1998 (PDF 2.34 MB), which includes discussions of the forms of the standards, trends in Massachusetts air quality, and maps of the monitoring locations.
MassDEP also established the Photochemical Assessment Monitoring System (PAMS) in 1994 to collect detailed information on chemicals in the air that contribute to ozone formation. Each site monitors ozone levels, a variety of organic and nitrogen compounds and meteorological conditions. The results of the PAMS monitoring efforts are also contained in the annual Air Quality Report.
Massachusetts Attainment Status for the NAAQS (as of February, 2000)
|
POLLUTANT |
STATUS |
|
Ozone (O3) |
Western Massachusetts (1) is classified as "serious" non-attainment for the one-hour ozone standard |
|
The one-hour standard has been revoked in Eastern Massachusetts |
|
Classification is not yet determined for the eight-hour standard in Massachusetts |
|
Carbon monoxide (CO) |
Lowell, Springfield, Waltham and Worcester are classified as not attaining the air quality standard for CO; all other areas attain the standard |
|
Lead (Pb) |
Massachusetts attains the standard |
|
Nitrogen dioxide (NO2) |
Massachusetts attains the standard |
|
Sulfur dioxide (SO2) |
Massachusetts attains the standard |
| Particulate matter of ten microns or less (PM10) |
Massachusetts attains the standard |
| Particulate matter of 2.5 microns or less (PM2.5) |
Classification is not yet determined |
Ozone is the only pollutant for which Massachusetts monitors indicate exceedances of the standard. This section discusses the health and environmental impacts of ozone, and how ozone is formed.
Ozone is a chemical which affects people?s health in a number of ways, including causing lung dysfunction, eye irritation, and exacerbating existing respiratory illnesses. Ozone is of particular concern to children because they are small, active, and growing and it impairs their lung development, outdoor workers and exercisers, and people with respiratory diseases. It can also damages forest vegetation, agricultural crops, and natural and synthetic materials.
Ground level ozone, or smog, is generally not emitted directly, but is formed when nitrogen oxides (NOx) react with volatile organic compounds (VOCs) in the presence of sunlight and heat during the hot summer months.
NOx is produced whenever fuels are burned, and is found chiefly in motor vehicle exhaust and in emissions from power plants, industrial boilers, and other major combustion sources. In addition to producing ozone, NOx also contributes to nitrification of water bodies, acid deposition, and particulate formation. NO2 is one form of NOx and is also a respiratory irritant.
VOCs are emitted from some industrial operations, all automobiles, trucks and boats, and other common items such as gasoline-powered lawn mowers, paints, hair sprays, and cleaning liquids. Motor vehicle exhaust and fueling operations are a major source of VOC in Massachusetts. Many VOC are toxic, and some are known or suspected to cause cancer.
See the EPA Web site for more information about the effects of ozone.
New National Ambient Air Quality Standards
New Ozone Standard
Recent health evidence shows that exposure to levels of ozone below the one-hour standard for long periods of time is harmful to public health. Therefore, in 1997, in order to provide protection against longer exposure at lower concentrations, EPA revised the level of the ozone standard from 0.12 parts per million (ppm) averaged over one hour to 0.08 ppm averaged over eight hours. The eight-hour standard became effective September 16, 1997, but the one-hour standard continues to apply to an area until that area no longer has violations of the one-hour standard.
In 1998, Massachusetts recorded exceedances of the eight-hour ozone standard on ten days, at fifteen of the sixteen monitoring stations. Preliminary 1999 data indicate that Massachusetts recorded exceedances of the eight hour standard on 22 days at all of the monitoring stations (note that not all of the stations exceeded the standard on each day). An "exceedance" occurs when a monitor records ambient levels of pollution above the standard. A violation of the standard (as opposed to an exceedance) is based on multi-year averaging, so monitoring an exceedance does not necessarily mean that a state violated the standard.
EPA has not yet classified areas as attainment or non-attainment under the new eight-hour ozone standard. EPA intends to classify areas in July 2000, based on 1997-1999 monitoring data. If EPA uses Massachusetts data from 1996-1998, ten of fifteen monitoring sites across the Commonwealth would violate the eight-hour ozone standard. The 1997-1999 data has not yet been analyzed to determine whether Massachusetts violates the eight-hour ozone standard using that data.
Massachusetts' Current Status Under the New Ozone Standard
Both of Massachusetts' non-attainment areas were classified as in "serious" non-attainment of the one-hour ozone standard under the 1990 Clean Air Act Amendments. When EPA published the eight-hour ozone standard, it determined that the one-hour standard would remain in place until an area monitored no violations. Therefore, when an area no longer violated the one-hour standard, EPA would revoke that standard, and the eight hour standard would then apply. This procedure was intended to provide a smooth transition to the eight-hour ozone standard. EPA revoked the one-hour ozone standard in Eastern Massachusetts in June 1999, based on monitoring data from 1996-1998. However, in May 1999, the Washington DC Circuit Court decision challenged EPA's ability to enforce the eight-hour standard. This resulted in EPA proposing on October 25, 1999 to re-instate the one-hour standard in all areas where it had been revoked, including Eastern Massachusetts.
Massachusetts continues to monitor for exceedances of either the one-hour or eight-hour ozone standard. The Daily Air Quality Forecast (see below) is issued for the more protective eight-hour standard.
New Particulate Standard
In July 1997, the EPA published a new standard for particulate matter of 2.5 microns or less (PM2.5) (a human hair is about 70 microns across). PM2.5 is very fine particulate matter which is drawn deeper into the lungs than coarser particles. In 1998 and 1999, Massachusetts established its ambient monitoring network for PM2.5. MassDEP operates 18 monitors to gather ambient data to see if Massachusetts meets the PM2.5 standard. EPA plans to designate areas under the new PM2.5 standard when enough state ambient monitoring data become available.
Daily Air Quality Forecast
From May through September each year (i.e., the ozone season), MassDEP monitors ozone levels across the state. MassDEP meteorologists use weather and monitoring data to predict when the air will be unhealthy (under the eight-hour standard), and issue health advisories when necessary. For the daily air quality forecast, check the Air Quality Hotline at 1-800-882-1497 or see the forecast online.
Planning for attainment
This section discusses how Massachusetts plans to attain the standards for the two pollutants for which it is currently designated non-attainment: carbon monoxide and ozone.
Carbon Monoxide
Since 1990, Massachusetts has made significant progress in attaining the CO standard. In the 1960's, 70's and early 80's, the Boston area, as well as the cities of Lowell, Springfield, Waltham and Worcester, experienced exceedances of the CO standard. In 1986, Boston experienced its last monitored exceedance. Research conducted during 1992 and 1993 showed that Massachusetts has implemented sufficient emission controls (e.g., the California Low Emission Vehicle program) to continue to attain the CO standard over a 15-20 year planning horizon. In December, 1994, after a year-long study, MassDEP requested that the U.S. EPA officially redesignate nine cities in the Boston metropolitan area to attainment of the CO standard. EPA redesignated the Boston area to attainment of the CO standard in January 1996.
The cities of Lowell, Springfield, Waltham, and Worcester currently remain classified as nonattainment for CO. However, there have been significant improvements in air quality, and no city has recorded an exceedance of the standard in recent years. MassDEP is compiling air quality studies and analyses for these municipalities to support its upcoming request to EPA to redesignate those areas to attainment. MassDEP expects to submit the request to EPA in early 2000. Once EPA approves the redesignation request, all areas in Massachusetts will be designated as attaining the NAAQS for CO.
Ozone
Ozone Exceedances: The One-hour Ozone Standard
After four consecutive years of declining ambient ozone levels (1984-1987), Massachusetts and other northeast states saw a sharp increase in the number and intensity of ozone exceedances in 1988. During that summer, Massachusetts experienced 109 exceedances of the ozone standard over 30 separate days.
Since then, the number of ozone exceedances of the one-hour standard in Massachusetts has declined. The graph below shows the trend for the one-hour ozone standard. In 1998, there were three exceedances on two different days.
The Eight-hour Ozone Standard
As discussed above, in July 1997, EPA revised the ozone standard to use an eight-hour averaging time, rather than a one-hour average. EPA plans to designate areas under the new ozone standard in July 2000, and MassDEP expects Massachusetts to be designated nonattainment statewide. The graph below shows the trend for the eight-hour ozone standard. In 1998, Massachusetts experienced 60 exceedances of the eight-hour on 12 different days.
Existing Control Strategies in the Ozone SIP
Since Massachusetts monitored violations of the ozone standards in the past (and still does today), it needed to develop a plan to attain the standards, i.e., the State Implementation Plan, or SIP. The SIP is an evolving set of strategies to address the ozone problem and is revised as needed. MassDEP began to develop the current ozone SIP in the 1970's to meet the one-hour ozone standard, but the plan to meet the one-hour standard will also help attain the new eight-hour ozone standard. Since ozone is rarely emitted directly, the ozone SIP is designed to control emissions of the precursors to ozone - VOC and NOx. Some of the measures in the Massachusetts Ozone SIP include regulations and programs aimed at:
Lowering VOC emissions from industrial sources, such as surface coating operations, and from the transfer of gasoline;
Reducing the VOC (solvent) content of certain products, such as paints, cleaners and other consumer products;
Requiring oil companies to use a new, lower emitting "recipe" for gasoline;
Requiring biennial inspection and maintenance of light duty cars and trucks (Massachusetts Vehicle Check), and reducing excessive idling of engines;
Reducing vehicle miles traveled by encouraging employee ridesharing, improving and expanding mass transit systems, and adding more high-occupancy vehicle lanes to highways;
Allocating government funding for transportation system improvements specifically to those projects which improve air quality (conformity); and
Monitoring ambient air, estimating emissions, and testing the sources of those emissions.
Reasonable Further Progress
Any nonattainment area must show that it is making "Reasonable Further Progress" toward attainment of the federal air quality standard. The Clean Air Act Amendments of 1990 added two specific milestones for nonattainment areas classified as "serious" or worse. Each area was required to reduce VOC emissions by 15% from 1990 levels by 1996, accounting for any growth in emissions. After 1996, the area was also required to reduce VOC or NOx emissions by 3% per year, on average, through its attainment date. For Massachusetts, that meant an additional 9% reduction through 1999. The following describes how Massachusetts made that progress toward these milestones.nwUniqueID0.09409572994840404
The 1990 Base Year Emissions Inventories are the starting point for calculating Reasonable Further Progress. The inventories established the level of emissions used for Massachusetts to meet its emissions reduction goals (i.e., the "Target Emissions Levels"). Developed over more than two years, and the subject of EPA review and public comment in July, 1993, the Base Year Emissions Inventories estimated the 1990 emissions of VOC, NOx and CO from all sources in Massachusetts. They include industrial and utility sources; area sources, such as gas stations, painting and other consumer activities; off-road sources, such as construction equipment, lawnmowers, boats and airplanes; on-road sources, such as cars and trucks; and biogenic sources (e.g., volatile organic emissions from trees and vegetation).
Projected Emissions Growth to 1996 and 1999
Emissions growth factors, subject to public review in October 1993 and submitted to EPA in November 1993, were applied to the 1990 base year inventory to project 1996 and 1999 emissions. Emissions growth factors were estimated for each sector as follows: for industrial and commercial sources by economic growth in each two-digit Standard Industrial Classification (SIC) code; for consumer-based sources by growth in population; for on-road mobile sources by trends in the growth of vehicle miles traveled; and for off-road sources by a variety of estimates ranging from growth in air traffic to growth in fuel use for recreational boating.
How the 1996 Target Level of Emissions Was Met
The demonstration plan (or "Reasonable Further Progress Demonstration") for 1996 was originally submitted to the EPA on November 15, 1993, and most recently revised in August, 1999. The demonstration lists the emission control programs Massachusetts adopted to achieve the 1996 target emissions level. The strategies listed in the demonstration do not include all programs that are in the SIP, but only those which achieved a significant emissions reduction (i.e., greater than one ton per summer day). This list does not reflect the total breadth of Massachusetts' air pollution control program, which includes permitting measures and requirements that growth in transportation and industrial source emissions in one place be offset by equal or greater emission reductions in the same place or elsewhere.
The programs Massachusetts relied upon to achieve the 1996 target level of emissions include:
Enhanced Emissions & Safety Test for motor vehicles, including trucks up to 10,000 lbs. Gross Vehicle Weight (2)
Federal Tier I Motor Vehicle Engine Standards
California Low Emission Vehicle Program (cars in Massachusetts must meet the more stringent California emission standards)
Reformulated Gasoline (a new, cleaner recipe for gasoline)
Reasonably Available Control Technology (RACT) for 50 tons per year VOC Sources (controls on industrial sources of VOC)
Stage II Gasoline Vapor Recovery Controls (VOC controls at gas stations)
Traffic Flow Improvements (e.g., traffic signal improvements)
Architectural Coating Controls (water-based or low-solvent paints)
Industrial Maintenance Coating Controls (water-based or low-solvent paints)
Automotive Refinishing Controls (water-based or low-solvent paints and improved equipment)
Reformulated Traffic Paints (water-based or low-solvent paints)
Reformulated Commercial/Consumer Products (lower solvent content)
New Federal Engine Standards for Off-Road Engines (lower emitting engines)
Except for the Enhanced Emissions & Safety Test, the programs listed above yielded emissions reductions by 1996. The Enhanced Emissions & Safety Test began testing vehicles in October, 1999. MassDEP can provide more details on any of the above programs upon request.
How the 1999 Target Level of Emissions Was Met
After 1996, the Clean Air Act required areas to reduce VOC or NOx emissions by 3% per year, on average, through its attainment date. For Massachusetts, that meant an additional 9% reduction through 1999, net of growth. Massachusetts could use reductions in either NOx or VOC emissions to meet this 9% target. Air quality modeling indicated that reductions in NOx emissions help reduce ozone in Massachusetts, and DEP used NOx reductions to meet the 9% reduction requirement.
The 9% reduction in emissions is a minimum mandatory requirement of the Clean Air Act. The Clean Air Act assumed that more reductions could be needed for an area to attain the ozone standard and protect public health.
The Post-1996 Reasonable Further Progress Demonstration was initially submitted to the EPA on November 15, 1994, and most recently revised in August, 1999. No programs beyond those already required by the Clean Air Act needed to be adopted to meet the 9% reduction requirement. NOx RACT is required under the Clean Air Act, and other programs included in the plan had already been adopted to reduce VOC emissions. Some of those programs also reduced NOx and, in the 1996 to 1999 time period, those NOx reductions helped achieve the 9% reduction requirement of the Act. They included:
Enhanced Motor Vehicle Inspection and Maintenance (I/M)
Tier I Federal Motor Vehicle Engine Standards
California Low Emission Vehicle Program
RACT for 50 Tons Per Year NOx Sources
Attainment Demonstration
In addition to the Reasonable Further Progress plans, the Clean Air Act requires states to demonstrate that they would attain the ozone standard. The demonstration must use a complex computer model of the atmosphere, which predicts ozone levels over a multi-state area. The model simulates the impacts of emissions control programs on air quality and includes an assessment of incoming air pollution from other states. The modeling effort took several years, and was performed in cooperation with EPA and other northeast states. The final attainment demonstration was submitted to EPA in July 1997.
The modeling included the results of a two year negotiation process among 37 Eastern states, know as the Ozone Transport Assessment Group (OTAG). The OTAG process also included discussions with EPA, as well as environmental and industry groups who were interested in solving the widespread ozone transport problem. OTAG recommended potential regional pollution reduction strategies to EPA to reduce ozone transport in the Eastern US. EPA issued a rule based on that recommendation in September 1998.
Massachusetts relied on regional and in-state emission reductions to show that it could attain the standard. The regional reductions included the effects of EPA's September 1998 rule (see above) which included a recommendation that 22 of the 37 OTAG states control NOx emissions from power plants to reduce ozone transport. DEP issued a regulation requiring power plants in-state reduce their NOx emissions (3). DEP also committed to EPA that it would complete a number of SIP revisions and modify the Stage II Vapor Gasoline Recovery program to make it more effective. On November 30, 1999, EPA proposed to approve the Massachusetts attainment demonstration.
Contingency Measures
The Clean Air Act required that Massachusetts adopt contingency measures in case certain programs were not implemented as planned. EPA allowed the contingency requirements to be satisfied if Massachusetts could demonstrate that projected emissions for 1998 and 1999 were below the respective target levels of emissions, adjusted to account for contingency requirements. Massachusetts chose that route, and has maintained an adequate buffer of projected emission reductions. This eliminated the need to adopt additional control programs as contingency measures.
Other Clean Air Act Requirements
The Clean Air Act has numerous other requirements for states and sources subject to it. While this document deals with programs currently adopted, other components of the Act are equally important. The following table lists the Clean Air Act program objectives with a brief notation on what those objectives mean to Massachusetts and sources of air pollution in Massachusetts. Check the MassDEP and EPA homepages for the latest developments in these other programs.
|
CLEAN AIR ACT TITLE |
MAJOR REQUIREMENTS |
| |
|
TITLE I (See discussion on previous pages) |
|
NONATTAINMENT AREAS
(for criteria pollutants) |
States must revise state implementation plans |
| State must implement new air monitoring requirements |
| |
|
TITLE II (See discussion on previous pages) |
|
MOBILE SOURCES |
Encourages cleaner fuels |
| Potential clean fleet programs |
| Enhanced motor vehicle inspection & maintenance programs |
| |
|
TITLE III |
|
AIR TOXICS |
EPA sets emission standards for 188 chemicals |
| States issue permits to subject sources |
| Sources comply with new standards |
| |
|
TITLE IV |
|
ACID RAIN |
New emission standards for large utility power plants |
| EPA issues permits to the larger US plants |
| States permit a second group of smaller plants |
| Sources must comply with the new emission standards and install sophisticated in-stack monitoring systems |
| |
|
TITLE V |
|
OPERATING PERMIT PROGRAM
(consolidates previously issued permits) |
States adopt and implement an operating permit program |
| States adopt and implement permit fee/ program support |
| States implement small business technical assistance programs |
| Large sources must apply for and receive a permit to operate |
| |
|
TITLE VI |
|
STRATOSPHERIC OZONE
(addresses ozone in the upper atmosphere which protects us from the sun, as opposed to ozone in the lower atmosphere which is unhealthy to breathe) |
Implemented nationally by EPA; reflects US commitment to implement the international agreement on ozone depletion
(Montreal protocol) |
| Phase-out of stratospheric ozone depleting chemicals |
| New handling and recycling requirements for chloroflourocarbons |
| |
|
TITLE VII |
|
ENFORCEMENT |
Expands EPA and State enforcement authority |
| New citizen suit provisions |
| New criminal action guidelines and penalties |
| |
|
TITLE VIII |
|
MISCELLANEOUS PROVISIONS |
National reporting systems |
| Outer continental shelf pollution |
| International studies |
| Incentives for innovative technology |
| |
|
TITLE IX |
|
CLEAN AIR RESEARCH |
An EPA and congressional agenda for further research and study of air research |
| |
|
TITLE X |
|
MISCELLANEOUS |
Additional research items on acid rain, international pollution control, disadvantaged business and alternative fuels |
| |
|
TITLE XI |
|
EMPLOYMENT TRANSITION ASSISTANCE |
Directs the Secretary of Labor to make provisions to train and assist persons who might be adversely affected by the Clean Air Act |
(1) Massachusetts is divided into two non-attainment areas for ozone. The Western Massachusetts non-attainment area includes the four western counties: Hampden, Hampshire, Franklin and Berkshire. The Eastern Massachusetts non-attainment area encompasses the remainder of the state
(2) Implementation of the Enhanced Emissions & Safety Test began on October 1, 1999.
(3) Massachusetts signed the Ozone Transport Commission's Memorandum of Understanding for a Regional NOx Reduction Strategy in February 1996, and promulgated rules implementing the first phase of the program in June, 1997 (310 CMR 7.27). The program began in May 1999, and there will be a second phase of reductions beginning in 2003 based on regulations promulgated at 310 CMR 7.28; these reductions go beyond those recommended by EPA. |
priorities & results
