Chapter 4
Air Quality Management
1. Scope. This chapter establishes U.S. Geological Survey (USGS or Bureau) policy and responsibilities for compliance with air quality and emissions requirements from stationary, mobile, and area sources consistent with the Clean Air Act (CAA).
A. Applicability. This chapter applies to all facilities owned or operated by USGS personnel and organizations.
B. Background.
(1) The Clean Air Act (CAA) established National Ambient Air Quality Standards (NAAQS) to protect the health and general welfare of the public. Each state must achieve these standards and develop State Implementation Plans (SIP) that outline ways to achieve and maintain the NAAQS for the EPA. Air emission sources are required to comply with the standards and other measures set forth in the individual SIP's. To improve air quality nationwide, the CAA Amendments of 1990 mandated stringent pollution control and prevention measures described within this Handbook.
(2) The major Federal environmental statutes contain waivers of sovereign immunity that require USGS facilities to comply not only with Federal, but also with State and local substantive and procedural requirements. Applicable Federal, State, and local requirements or Executive Orders (EO) that are more stringent will be followed.
2. Authorities/References.
A. Clean Air Act (CAA) of 1970, as amended (42 U. S. C. 7401 et seq.)
B. Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (42 U. S. C. 11001 et seq.)
C. Alternative Motor Fuels Act (AMFA) of 1988, as amended (Public Law 100-494)
D. Energy Policy Act (EPACT) of 1992 (Public Law 102-486)
E. Toxic Substances Control Act (TSCA) of 1976 (15 U. S. C. 2601 et seq.)
3. Requirements.
A. Regulatory Scheme. With respect to the NAAQS, the EPA classifies all areas in the country as follows:
(1) Unclassifiable Area is any area that, on the basis of available information, cannot be classified as meeting or not meeting the NAAQS for a specific pollutant.
(2) Attainment Area is any area that meets the NAAQS for a specific pollutant.
(3) Nonattainment Area is any area that does not meet or contributes to the ambient air quality in a nearby area that does not meet the NAAQS for a specific pollutant.
(a) Certain regulatory requirements are considered fundamental and apply to all areas, regardless of their attainment status, while other requirements apply only to nonattainment areas. For help in determining attainment designations, contact the state or local air pollution control office or the appropriate EPA Regional Office.
(b) States have the primary responsibility for implementing the CAA goals. Each State must develop a SIP that outlines the State's strategy for achieving and maintaining the NAAQS. The EPA oversees this process.
B. Conformity Rule.
(1) Prohibition. Section 176(c) of the CAA prohibits any Federal agency from engaging in, supporting, providing financial assistance for, licensing, permitting, or approving any activity that does not conform to an applicable SIP or Federal Implementation Plan (FIP). The EPA outlines criteria and procedures for determining conformity. A Federal agency must determine whether a Federal action conforms to the SIP or FIP before implementing it. The general conformity rule applies only to Federal actions in areas designated as nonattainment or maintenance.
(2) SIP Revision. SIP conformity criteria and procedures may be more stringent than the EPA rules if the State adopts conformity requirements that are equally applicable to all nongovernmental sources.
C. Enforcement/Citizen Suit Provisions.
(1) Sovereign Immunity. The broad waiver of sovereign immunity in the CAA requires Federal facilities to comply with all Federal, State, and local air pollution control requirements. These CAA requirements generally are enforced by the State or local air district; however, the EPA may also enforce some. Any penalties or fees assessed by the EPA should be reported to the Safety and Environmental Management Branch (SEMB).
(2) Punitive Penalties. USGS organizations that are assessed punitive civil fines or penalties by Federal, State, or local authorities for violations of air pollution control requirements should seek legal council before paying fines or penalties. Report any penalties or fines to the SEMB.
(3) Administrative Fees. USGS organizations must pay administrative fees and assessments imposed by Federal, State, or local authorities when imposed to defray the costs of the air pollution regulatory program, when the fees are imposed generally on all similarly situated regulated entities in the same manner and extent (i.e., nondiscriminatory against USGS facilities).
(4) Citizen Suits. Civil actions may be brought against any individual or governmental body (including the United States) for present or repeated CAA violations.
D. Provisions for Stationary Sources. Stationary sources must comply not only with the general requirements outlined above but also with the following standards:
(1) Title V Operating Permits. EPA regulations establish minimum requirements for State programs. Title V of the CAA requires that each State develop, implement, and enforce an operating permit program. However, the EPA retains significant authority to oversee State permit program implementation. The EPA must review and approve State permit programs, review proposed permits, veto improper permits, and, if a State fails to adopt or implement an approved program, develop and implement a Federal permit program. The permit program attempts to clarify, in a single document, all the requirements applicable to a source, including requirements from the SIP, the acid rain program, and the air toxics program. The permit program also requires that permit fees be used to finance State air programs. After the effective date of any permit program approved under title V, the law prohibits violation of any requirement of such a permit and requires compliance with the title V permit to operate a source subject to this program. The program applies to all major stationary sources of air pollution, including those operated on Federal facilities, which are subject to Federal regulation under the CAA. The term "Major Source" is defined in D(2)(a) below. The threshold amounts vary according to the attainment classification of the area where the source is located.
(a) Permit Application. Applications for operating permits must be timely and complete. An application is timely and complete if submitted according to the approved State program.
(b) Certification. A responsible official must certify permit applications regarding their truth, accuracy, and completeness. The certification must include the facility compliance status and the method used to determine this status.
(2) Hazardous Air Pollutants (HAP). Section 112 of the CAA lists certain pollutants as being hazardous and subject to regulation; it details Federal requirements for controlling HAP's. The EPA will revise the list as necessary.
(a) Major Source. A major source of HAP's is any stationary source (or group of stationary sources) located within a contiguous area and under common control that emits, or may emit, 10 tons per year (tpy) or more of any HAP or 25 tpy or more of any combination of HAP's.
(b) Area Source. An area source of HAP's is any stationary source of HAP's that is not a major source. The term does not include motor vehicles or nonroad vehicles.
(c) Source Categories. Major and area sources are grouped into categories and subcategories. Regulations establishing emission standards for the source categories and subcategories must be issued according to a phased-in schedule, with 25 percent of all categories and subcategories having standards by 1994, 50 percent by 1997, and 100 percent by 2000.
(d) Emission Standards. The EPA must establish technology-based emission standards that achieve the maximum degree possible of emissions reductions for new and existing sources in the appropriate category, while giving consideration to cost, nonair quality health and environmental impacts, and energy requirements. Measures to achieve the desired emissions standards include: implementing process changes; material substitutions; and measures to treat or control emissions, generally through the application of maximum achievable control technology.
(i) Most USGS emission sources are regulated under the National Primary and Secondary Ambient Air Quality Standards and include degreasers, asbestos, and dry cleaning processes. Some of the common emission sources at USGS facilities, such as printing or ground equipment painting operations, are not regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP).
(ii) The EPA also must develop and issue health-based standards within 8 years after technology-based standards have been issued. These health-based standards must provide an ample safety margin to protect public health unless a more stringent standard is needed to protect the environment from an adverse effect.
(3) Accident/Risk Management Plans. The CAA requires owners and operators of stationary sources that manufacture, process, use, handle, or store EPA-regulated substances exceeding specified thresholds to identify hazards from releases of such substances, to design and maintain a safe facility to prevent releases, and to minimize the consequences of any accidental releases. Facilities exceeding the threshold limits must have risk management plans. USGS facilities should employ the environmental management hierarchy and pollution prevention concepts in developing and updating their risk management plans. The risk management plans must also include emergency preparedness plans and procedures developed under the chemical process safety management standard (29 CFR 1910.119).
(4) Standards of Performance for New Stationary Sources or (NSPS). The provisions of this Handbook apply to the owner or operator of any stationary source which contains an affected facility, the construction, reconstruction, or modification of which is commenced after the date of publication in 40 CFR 60 of any standard (or, if earlier, the date of publication of any proposed standard) applicable to such facility; common source types with applicable NSPS requirements include municipal waste combustors, fossil-fuel fired steam generators, incinerators, storage vessels for petroleum liquids, and volatile organic liquid storage vessels.
(5) It is USGS policy to comply with all Federal, State, and local emission control standards and all other provisions of the CAA as amended and with specific air emission permit conditions for all stationary sources.
(6) USGS organizations must comply with USGS and regulatory fuel composition requirements applicable to solid, liquid, and gaseous fuels for stationary fuel-burning equipment.
E. Provisions for Mobile Sources.
(1) Aircraft. The CAA authorizes the EPA, in consultation with the Secretary of Transportation, to develop emission standards applicable to any air pollutant emission from any class or classes of aircraft engines. No State or local air quality region may adopt or attempt to enforce any standard respecting any air pollutant emission from any aircraft or engine unless such standard is identical to one developed by the EPA and the Secretary of Transportation. While limited regulation of emissions from aircraft engines is possible, such regulation applies only to uninstalled aircraft engines.
(2) Nonroad Engines. The EPA conducted and published a study of nonroad engine and vehicle emissions in November 1991. On the basis of this study, the EPA initiated actions to establish national standards for certain categories of nonroad engines.
(3) Vehicle Inspection and Maintenance (IM). Certain nonattainment areas require vehicle emissions testing. Federal facilities in these areas must demonstrate compliance with applicable nondiscriminatory state IM program requirements for all employee and government (federally owned/leased) motor vehicles operated at the facility even if the vehicle is not registered in that State.
(4) Fuels.
(a) Leaded Gasoline. All facilities in the United States that dispense fuel for vehicles with catalytic converters will be equipped to dispense unleaded gasoline to such vehicles. It is illegal to knowingly dispense leaded gasoline into vehicles with catalytic converters or into any vehicle labeled for unleaded gasoline. As of 1995, the production or sale of leaded gasoline or lead additives was prohibited.
(b) Oxygenated Gasoline. States which include all or part of an area designated nonattainment for carbon monoxide (CO) and having a design value of 9.5 parts per million (ppm) or higher must include in their SIP a provision for selling and dispensing oxygenated gasoline in metropolitan areas within the nonattainment area. The EPA requires that this provision be in effect during high CO portions of the year (winter). The EPA may waive the requirement for oxygenated fuel if a State can demonstrate satisfactorily that imposing such a provision interferes with the attainment of any other NAAQS.
(c) Reformulated Gasoline. Beginning in 1995, the nine worst ozone nonattainment areas with a 1980 population greater than 250,000 must implement the use of reformulated gasoline. Other nonattainment areas may petition to opt in to the reformulated gasoline program; however, if domestic supplies are inadequate, the EPA may delay extending the program into these areas by up to 3 years.
(d) Volatility. To reduce the substantial release of volatile organic compounds into the atmosphere, Federal guidelines limit the volatility of gasoline marketed during the high ozone season (summer).
(e) Diesel Fuel Sulfur Content. Effective October 1, 1993, diesel fuel used in motor vehicles must not exceed sulfur content of 0.05 percent by weight, and it must meet a minimum cetane index of 40.
(f) Clean Fuel Fleet/Alternative Fuel Vehicles. According to the CAA, the clean fuel requirements impact the following owners/operators of centrally fueled fleets of 10 vehicles or more: those located in "serious," "severe," or "extreme" ozone nonattainment areas, and those located in "serious" CO nonattainment areas. In model year 1998, 30 percent of new light-duty fleet vehicle acquisitions must have been clean-fuel vehicles; in model year 1999, that percentage increased to 50 percent; after the year 2000, it increased to 70 percent. The CAA mandates that any Federal facility that dispenses clean alternative fuels to Federal fleet vehicles must offer such fuel for public sale during reasonable business hours, subject to national security concerns and the commercial availability of such fuels in the vicinity of the facility.
(5) Nonattainment Areas. The CAA mandates that areas designated as nonattainment for any pollutant develop an implementation plan to achieve attainment of NAAQS for that pollutant within 5 years of being designated nonattainment. New major sources or major modifications to existing major sources in nonattainment areas must obtain a Nonattainment New Source Review Permit before beginning any new construction or modification. The Nonattainment NSR Application must include lowest achievable emission rate (LAER) technology, applicable emission offsets, impact analysis, and other information relative to improving air quality.
(6) USGS must comply with all Federal, State, and local emission control standards relevant to mobile sources.
(7) USGS personnel must not permanently remove or render inoperative any device or element of design in a Government motor vehicle or engine which is installed to comply with air quality regulations.
(8) USGS facilities dispensing gasoline must be equipped to dispense unleaded gasoline. The USGS may not procure any gasoline-powered vehicle that cannot operate on unleaded gasoline.
(9) USGS must comply with local area vehicle emission inspection and maintenance program requirements for fleet vehicles and must furnish proof of compliance when required by the local regulatory authority. Vehicle emission inspection and maintenance procedures for fleet vehicles must be developed as a part of normal preventive maintenance programs.
(10) Per the Energy Policy Act (EPACT) of 1992 requirements, the USGS must incorporate light-duty alternative fuel vehicles into its vehicle fleet.
F. Training. The CAA requires the following:
(1) Chemical Process Safety Management. The CAA requires the issuance of a chemical process safety standard to protect employees from the workplace dangers associated with accidental releases of highly hazardous chemicals. Employers must train workers in operating procedures, emphasize hazards and safe practices, ensure that contractors and contracted employees have appropriate information and training, and train and educate employees and contractors in emergency response as comprehensively and effectively required by Superfund Amendment and Reauthorization Act. The standard and a list of highly hazardous chemicals can be found in 29 CFR 1910.119, Process Safety Management of Hazardous Chemicals.
(2) Solid Waste Incineration. The CAA requires a program for the training and certification of operators of high capacity (greater than 250 tons per day) solid waste incineration units and high-capacity fossil fuel-fired plants. As of November 15, 1994, to legally operate any such unit, each person with control over processes affecting emissions from such units must satisfactorily complete a training program meeting EPA requirements.
G. Air Pollution Emergency Episodes. Where required, USGS facilities must have an air pollution emergency episode contingency plan identifying all actions that can reasonably be taken without compromising essential services and mission responsibilities.
4. Responsibilities.
A. Bureau Safety Manager (BSM).
(1) Coordinates the overall implementation of CAA requirements. Ensures that all USGS activities comply with current Federal, State, and local air pollution control requirements.
(2) Coordinates the review of proposed and final CAA regulations.
(3) Assists regions in resolving disputes with Federal, State, and local regulatory agencies as required.
(4) Conducts special environmental compliance and protection studies with regard to air quality management to assist in establishing policy or initiating actions.
(5) Ensures, through field visits and the Environmental Compliance Auditing Program, USGS cooperation and compliance with Federal, State, and local regulatory agencies with regard to air quality regulations.
B. Regional Directors. Ensure that all regional activities comply with current Federal, State, and local air pollution control requirements.
C. Regional Safety Managers (RSM) and Regional Safety Officers (RSO).
(1) Coordinate input and comments to all applicable State Implementation Plans (SIP) in as needed within their regions.
(2) Function as USGS air pollution episode coordinators. Air pollution episode coordinators must ensure that air episode plans and actions are consistent in degree and timing for all USGS activities in the affected episode area and also that the plans and actions are as consistent as possible with plans and actions of other Federal activities and State and local air pollution control authorities.
(3) Ensure that all required Federal, State, and local permits are applied for and obtained at facilities within their regions.
(4) Ensure that CAA-required training is provided.
(5) Ensure that required plans meet regulatory requirements.
D. Organizational Managers and Supervisors.
(1) Program and budget for personnel, equipment, materials, training, and monitoring required to comply with air quality management requirements.
(2) Pay appropriate Federal, State, and local fees.
(3) Sign the following as required:
(a) Compliance statements or certifications.
(b) Emission inventory reports.
(c) Construction and operation permit applications for construction of all air quality management projects.
(d) Required permit applications related to demolition or construction projects.
(4) Negotiate conditions with regulatory agencies for operating permits and variances to temporarily operate those sources out of compliance.
(5) Assure that CAA general conformity rule requirements are satisfied at facilities as required.
(6) Ensure that air episode plans are developed as necessary.
(7) Ensure that motor vehicles and other mobile sources comply with applicable emission standards and other requirements.
(8) Ensure transportation control measures are developed and implemented as required by the appropriate SIP.
(9) Ensure the appropriate regulatory authority is furnished proof of compliance with applicable nondiscriminatory State and local motor vehicle inspection and maintenance requirements for all USGS-owned vehicles at the facility, where applicable.
(10) Ensure waiver requests of any of the mandatory provisions of this policy are submitted to the SEMB through the RSM and RSO.
E. Collateral Duty Environmental Program Coordinators.
(1) Coordinate emission source surveys to identify potential reductions.
(2) Submit to the RSM and RSO all instances in which compliance with fuel standards is impractical.
(3) Coordinate the development of air episode plans as necessary.
(4) Coordinate the development and implementation of transportation control measures as required by the appropriate SIP.
(5) Coordinate submittal of proof of compliance with applicable nondiscriminatory State and local motor vehicle IM requirements for all USGS owned vehicles at the facility, where applicable.
(6) Submit requests for waivers to any of the mandatory provisions of this policy to the SEMB through the RSM and RSO.
5. Additional Resources.
A. New Source Review, and Title V Operating Permit Programs of the Clean Air Act, 2 August 1996
B. Office of Environmental Policy and Compliance
C. Environmental Protection Agency (EPA)
D. EPA Rules and Regulations
E. Federal Facilities Enforcement Office (FFEO)
F. EPA Office of Federal Activities - NEPA Review and International Enforcement/Compliance
G. The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities