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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Clean Air Act: New Source Review/Prevention of Significant Deterioration
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
New Source Review consists of two programs: prevention of significant deterioration in air quality and non-attainment with air quality standards (NSR). New and modified sources in areas, where the air quality meets existing standards, and in unclassifiable areas, are required to follow PSD rules. This means that facilities that emit air pollutants regulated under the Clean Air Act must obtain a pre-construction permit, demonstrate that the construction will not increase emissions above a certain threshold, and show that facility operations are in continuous compliance with the best available control technology (BACT) requirements. In non-attainment areas, where the air does not meet minimum air quality standards, new and modified sources must obtain pre-construction permits, to offset emission increases with emission reductions from other sources in the area, and to meet the lowest achievable emissions rate (LAER).
EPA determined that many sources made changes to existing facilities without applying for and obtaining pre-construction permits. The lack of NSR/PSD permitting likely indicates that many stationary sources are illegally emitting thousands of tons of pollution into the environment by avoiding these Clean Air Act (CAA) requirements. The pollution can contribute to respiratory illness and heart disease, the formation of acid rain, reduced visibility, and can be transported over long distances before falling on land or water. EPA determined that given the scope of the reductions to be obtained, addressing NSR/PSD non-compliance as a national priority should result in substantial human health and environmental benefits.
Approach
EPA selected four industrial sectors for investigation based on the probability of past modifications that require NSR/PSD permits and the overall emissions. The four sectors selected are: coal-fired power plants, cement manufacturing facilities, sulfuric and nitric acid manufacturing facilities, and glass manufacturing facilities. The Office of Enforcement and Compliance Assurance (OECA) uses various tools to address violations in the initiative sector areas. The primary tool to be utilized will be compliance investigations and evaluations, which is explained in more detail in EPA's New Source Review/ Prevention of Significant Deterioration (NSR/PSD) of 2008-2010 (PDF) (2pp, 19K, About PDF).
Key Results
| Fiscal Year (FY) |
Estimated Pollutants to be Reduced or Treated (lbs)* |
Estimated Investments in Pollution Control ($)** |
Civil Penalties ($)*** |
|---|---|---|---|
| 2008 | 1,700 million | $4,900 million | $18 million |
| 2009 | 94 million | $320 million | $5.4 million |
| 2010 | 370 million | $1,400 million | $14 million |
*Estimated pollutants to be reduced or treated is an estimate of the pounds of pollutants reduced, treated, or eliminated during the first year after a facility returns to compliance.
** Estimated investments in pollution control are an estimate of the defendant's cost to comply with consent decrees through the installation of appropriate pollution controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
*** Civil Penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are also adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
Highlights
- In FY 2010, EPA focused enforcement actions on coal-fired power plants, glass manufacturing plants, cement manufacturing plants and sulfuric and nitric acid production plants, gaining commitments to reduce an estimated 370 million pounds of pollutants in the first year after the full suite of controls are installed and operating.
- Through FY 2010, EPA had initiated investigations or negotiations at 85% of the cement sector capacity and 93% of the acid sector capacity
- The primary pollutants reduced by these enforcement actions are criteria air pollutants: sulfur dioxide (SO2), nitrogen oxides (NOx), and particulate matter (PM).
- EPA estimates that the reduction in nitrogen oxides, sulfur oxide, and particulate matter will provide the public between $6.2 to $15 billion per year in health-related benefits including between 680 to 1,700 fewer premature deaths in people with heart or lung disease, about 450 fewer cases of chronic bronchitis and 1,100 fewer cases of acute bronchitis, about 12,000 fewer asthma attacks, and about 22,000 fewer cases of upper and lower respiratory symptoms.1
- A FY 2010 enforcement settlement with Westar Energy will reduce an estimated 160 million pounds of sulfur oxide and nitrogen oxides produced from burning coal at a local St. Mary's, Kansas power plant. Reducing air pollutants generated during coal fired power production, such as sulfur oxide and nitrogen oxides, is critical to protect children, the elderly, and those with heart conditions and upper respiratory conditions such as asthma because these pollutants affect lung capacity and worsen respiratory conditions. As a result of this settlement, the company will spend approximately $560 million to significantly reduce harmful air pollution from its Kansas power plant through the installation of better pollution control equipment, pay a $2.8 million civil penalty, and spend $6 million on projects designed to make the air healthier to breathe including:
- Retrofitting diesel engines to reduce air pollution from vehicles
- Purchasing hybrid vehicles
- Installing wind turbines to reduce air pollution produced to generate cleaner power in Kansas
- Providing electrification equipment to reduce emissions from idling trucks at truck stops
- Building charging stations for plug in hybrid vehicles to encourage more widespread use of these green energy technologies2
- The Duke Energy Gallagher Plant settlement will result in significantly cleaner air for local New Albany, Indiana residents and those residing downwind of the plant in a number of states. Clean Air Act violations at the Duke Energy power plant that released an estimated 74 million pounds of harmful nitrogen oxides and sulfur oxide each year will be reduced through the installation of better pollution control equipment estimated to cost over $90 million. In addition to installing more protective pollution control equipment, the company agreed to complete a variety of projects that will benefit air quality in the local communities near and downwind of the facility including.
- Funding for U.S. Forest Service projects to address damage to national forests caused by acid rain downwind of the facility's location
- Providing funds for environmental restoration projects, improvements to hydropower generation facilities, and/or diesel engine retrofitting to reduce air pollution released by vehicles in affected states including Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia3
- Funding for U.S. Forest Service projects to address damage to national forests caused by acid rain downwind of the facility's location
Transition to the FY 2011-2013 National Enforcement Initiative on Reducing Air Pollution from the Largest Sources
In 2009 EPA's Office of Enforcement and Compliance Assurance (OECA) conducted outreach to other EPA programs, EPA Regions, states and tribal governments, environmental media associations, environmental advocacy and environmental justice groups, and the public to solicit suggestions for OECA's enforcement initiatives for the 2011-2013 fiscal years. There was widespread support for continuing EPA's work on reducing pollution from the largest sources of air pollution. Work under this initiative will continue in 2011-2013 to focus on reducing pollution by bringing enforcement actions against large refineries, coal-fired power plants, cement manufacturing facilities, sulfuric and nitric acid manufacturing facilities, and glass manufacturing facilities.
Footnotes:
- Health benefits dollars are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
- US Environmental Protection Agency. "Westar Energy Settlement."
- US Environmental Protection Agency. "Duke Energy Gallagher Plant Settlement."