HW1

Question 1

1. You are the administrator of the US Environmental Protection Agency. You have made a determination under the Clean Air Act that a particular air pollutant endangers human health and welfare and, therefore, should be designated as a “criteria” pollutant. Upon making this finding, what legal obligation do you now have under the Clean Air Act?

Answer 1

Upon designating the pollutant as a “criteria” pollutant, EPA must establish National Ambient Air Quality Standards (NAAQS) for that pollutant.

Question 2

2. What is the ultimate form of sanctions that EPA can administer if a state fails to submit a State Implementation Plan under the Clean Air Act?

Answer 2

Develop and impose upon the state a Federal Implementation Plan.

Question 3

3. Describe two ways the Clean Air Act regulates mobile sources of air pollution.

Answer 3

Two of any of the following would be an acceptable answer:
• Requiring emission reduction technologies to be placed on vehicles
• Requiring fuels to be cleaner burning (for example, by eliminating lead; low sulfur fuels)
• Requiring inspection and maintenance of emission reduction technologies
• Permitting states to adopt the more stringent California “clean cars” program, requiring automakers to meet more stringent vehicle emissions standards than baseline federal standards

Question 4

4. Assume you are an environmental consultant retained by a company proposing to build a new power plant. The company is looking at three different sites:
   Site A is in an attaining region in an area designated for industrial growth.
   Site B is in an attaining region which includes a National Park.
   Site C is in a nonattaining region.
   You client seeks your advice on the best location to site the power plant in terms of air permit requirements. Your client’s stated goals are to comply with all relevant environmental requirements at the least cost. What is your advice to your client and why for each site?

Answer 4

Site A is the best site. Of all three sites, an air permit will be easiest to obtain at the lowest cost, because the required emissions controls will be Best Available Control Technology (BACT), and they will be the least stringent of the three options.
Site B is not a good site because, as a result of the National Park, it is within a Class I area for purposes of “Prevention of Significant Deterioration” and thus more rigorous controls will be required than in Site A.
Site C is not a good site because it is nonattaining, and any new source will have to achieve the Lowest Achievable Emission Rate (LAER), the most stringent and costly emission controls.

Question 5

5. What problem was dealt successfully by the Clean Air Act through the adoption into the Act of an international treaty agreeing to the phased banning of certain pollutants?

Answer 5

Stratospheric ozone (aka hole in the ozone layer)