CAA EXAM STUDY QUESTIONS AND ANSWERS
CAA History - Answers-Early efforts wanted regulation to be primarily state/local
governments issue
1970 Changes - Answers-Fundamental shift - state/local regulation wasn't working
Acceptance of federal oversight
Purpose of CAA 101(b) - Answers-1)"...to protect and 2) enhance the quality of the
Nation's air resources so as to promote the public health and welfare" (broad enough to
include environmental)
Basic Structure - Answers-108 - designation of CRITERIA POLLUTANTS (and 112 Air
Toxics)
109 - EPA sets health based NAAQS
110 - SIPs
Stationary source - Individual PERMIT with tech-based EMISSIONS LIMITATIONS
Mobile source - control programs
Criteria Pollutants 108 - Answers-1. Carbon Monoxide
2. Ozone
3. Nitrogen Dioxide
4. Particulate Matter
5. Sulfur Dioxide
6. Lead
Plus 108(a)(2) - broad criteria that can change/develop with new science
NAAQS 109 - Answers-Primary: protect public health
- reasonable margin of safety
- based on most sensitive
- precautionary standards
Secondary: protect public welfare
- set with regard to most sensitive non-health effect (visibility, crops, etc.)
NRDC v. Train - Answers-- EPA does not have strategic discretion in selecting
pollutants for setting NAAQS
- If it meets 108(a)(1)(A) criteria - must be listed
- Citizen suit forced EPA to list lead as criteria pollutant under 108
Whitman v. American Trucking - Answers--Economic cost and feasibility plays no role in
listing
- List based on scientific data (108) then lets 109 inform for setting NAAQS
NAAQS Implementation - AQCRs - 107 - Answers-107
, - State defines AQCRs and designate (for each criteria pollutant)
1) attainment
2) nonattainment
3) unclassifiable
EPA can implement interstate AQCRs if necessary
State Implementation Plans
SIPs 110 - Answers-SIPs must contain:
• "enforceable emission
limitations" + other measures
• sufficient to ensure that every
AQCR
• meets the NAAQS for every
criteria pollutant
• Protections for downwind
states
States can consider economic factors
EPA Review: does SIP satisfy criteria in 110(a)(2)
FIP - within 2 years if
- SIP incomplete
- disapproved
- failure to implement
Stationary Sources - New Source - Answers-302(z) - defines stationary source
111(a)(3) - new stationary source
- includes major modification
"Modified" - Answers-Used in NSPS and NSR:
- Physical change or change in operation
- that increases amount of pollutant or
- results in emission of air pollutant not previously emitted
Modified sources - Answers-Modified stationary sources treated like new sources for
case-by-case permitting under:
• PSD program requirements § 160 et seq
• Nonattainment requirements § 172
• Using § 111 definition
Controls for New Stationary Sources - Answers-Pre-Construction
Permitting for New Sources via
New Source Review (NSR)
- different for attainment vs. nonattainment
CAA History - Answers-Early efforts wanted regulation to be primarily state/local
governments issue
1970 Changes - Answers-Fundamental shift - state/local regulation wasn't working
Acceptance of federal oversight
Purpose of CAA 101(b) - Answers-1)"...to protect and 2) enhance the quality of the
Nation's air resources so as to promote the public health and welfare" (broad enough to
include environmental)
Basic Structure - Answers-108 - designation of CRITERIA POLLUTANTS (and 112 Air
Toxics)
109 - EPA sets health based NAAQS
110 - SIPs
Stationary source - Individual PERMIT with tech-based EMISSIONS LIMITATIONS
Mobile source - control programs
Criteria Pollutants 108 - Answers-1. Carbon Monoxide
2. Ozone
3. Nitrogen Dioxide
4. Particulate Matter
5. Sulfur Dioxide
6. Lead
Plus 108(a)(2) - broad criteria that can change/develop with new science
NAAQS 109 - Answers-Primary: protect public health
- reasonable margin of safety
- based on most sensitive
- precautionary standards
Secondary: protect public welfare
- set with regard to most sensitive non-health effect (visibility, crops, etc.)
NRDC v. Train - Answers-- EPA does not have strategic discretion in selecting
pollutants for setting NAAQS
- If it meets 108(a)(1)(A) criteria - must be listed
- Citizen suit forced EPA to list lead as criteria pollutant under 108
Whitman v. American Trucking - Answers--Economic cost and feasibility plays no role in
listing
- List based on scientific data (108) then lets 109 inform for setting NAAQS
NAAQS Implementation - AQCRs - 107 - Answers-107
, - State defines AQCRs and designate (for each criteria pollutant)
1) attainment
2) nonattainment
3) unclassifiable
EPA can implement interstate AQCRs if necessary
State Implementation Plans
SIPs 110 - Answers-SIPs must contain:
• "enforceable emission
limitations" + other measures
• sufficient to ensure that every
AQCR
• meets the NAAQS for every
criteria pollutant
• Protections for downwind
states
States can consider economic factors
EPA Review: does SIP satisfy criteria in 110(a)(2)
FIP - within 2 years if
- SIP incomplete
- disapproved
- failure to implement
Stationary Sources - New Source - Answers-302(z) - defines stationary source
111(a)(3) - new stationary source
- includes major modification
"Modified" - Answers-Used in NSPS and NSR:
- Physical change or change in operation
- that increases amount of pollutant or
- results in emission of air pollutant not previously emitted
Modified sources - Answers-Modified stationary sources treated like new sources for
case-by-case permitting under:
• PSD program requirements § 160 et seq
• Nonattainment requirements § 172
• Using § 111 definition
Controls for New Stationary Sources - Answers-Pre-Construction
Permitting for New Sources via
New Source Review (NSR)
- different for attainment vs. nonattainment
