Regulatory Overview

The Commonwealth of Pennsylvania passed the Air Pollution Control Act of 1960, as an initial effort to protect air quality. Ten years later, the federal government passed the original Clean Air Act, which, for the first time, established specific responsibilities for government and private industry in reducing emissions from vehicles, factories and other sources. This Act was amended several times, notably in 1977, and again in 1990, and resulted in Pennsylvania amending its own state legislation. This second set of federal amendments made sweeping changes to the way air quality is regulated in the US and is directed toward reducing air pollution in three major areas. These three areas are acid rain, urban air pollution and toxic air emissions. In December1996, based on increased insight into the role of pollutants in threatening human health, EPA proposed even stricter standards geared to reducing urban air pollution.

The Clean Air Act Amendments of 1990 are divided into sections called "titles":

Title I - addresses ground-level ozone and classifies each county in the country according to the severity of its ozone problem. Counties that do not meet the federal standards are designated as marginal, moderate, serious, severe or extreme ozone nonattainment areas. Specific emission reduction measures are mandated based on these classifications and are implemented at the state level. Title I recognizes that motor vehicles are responsible for a large percentage of carbon monoxide and the pollutants that create ground-level ozone. Each state must develop transportation planning programs to reduce vehicle emissions. Strategies include: vapor control during refueling, improved fuel quality and increased use of public transportation. Title I also requires states to implement enhanced inspection and maintenance programs for vehicles to reduce emissions. In response to this section of federal law, Pennsylvania’s Emission Test and Repair Program [….decentralized emissions testing program] requires that 1975 and newer cars and light duty trucks in 25 Pa. counties have their emissions tested annually. This testing begins by 1997 for the nine counties of and around Pittsburgh and Philadelphia. The remaining 16 counties must begin testing in 1999. These emissions tests will be available in qualified neighborhood garages and may result in required, but limited, repairs. An emissions inspection sticker will need to be displayed next to the safety inspection sticker on the windshield. Not all cars will have to meet the same requirements. An allowance for engine wear and tear in older cars will be given. It is estimated that 80 percent of tested vehicles will pass the initial test with no repairs required. Diesel vehicles, motorcycles, antique cars and street rods are exempt from this program. Both the involvement of the Pa. State Police in enforcement and an enhanced data collection system are components of this new inspection and maintenance program.

Title II- addresses emissions from a vehicle manufacturing perspective, as well as fuel quality and refueling practices.

Title III- identifies 189 substances considered to be a threat to air quality and human health and requires the development and use of industrial and small business control technology. Insight on the extent of the impact of these amendments can be gained if you compare this number of 189 to the 6 substances considered in the original Act. Individual states are to implement these efforts through their permitting programs.

Title IV- addresses acid rain and requires electric utilities and other large combustion sources to reduce their sulfur dioxide (SO₂) and nitrogen oxide(NO_x) emissions. Compliance with the SO₂ requirements can be met by a variety of methods. These include, but are not limited to, switching to low sulfur coal, installing scrubbers on stacks or purchasing allowances from other sources. The Pa. DEP has established a Continuous Emissions Monitoring Program [….Continuous Emissions Monitoring] to verify that industrial sources covered in Title IV are complying with state and federal standards.

Title V- mandates that all major air pollution sources must be monitored and issued individual operating permits by the state [….Title V permitting]. In addition, thousands of smaller air pollution sources are required to obtain operating permits for the first time. States are required to aid small businesses in complying with these requirements [….small business assistance].

Scientists have increasingly documented the movement of air pollutants over long distances. Because air pollution is not confined to state boundaries, Pennsylvania is part of the Northeast Ozone Transport Commission, an organization geared toward cooperative, interstate air quality efforts.

Air pollution is a complex problem that affects almost everyone. Manufacturing, industrial, business interests, environmental groups, health and government agencies, as well as citizen groups are working together to shape Pa.’s air policy. Two Clean Air Stakeholders groups--one in southwestern Pa. and one in southeastern Pa.--met several times in 1996, to develop recommendations regarding ways to improve Pa.’s air quality. Both groups produced reports which will guide DEP’s planning process for the future.

An additional effort being made on behalf of better air quality is DEP’s Office of Pollution Prevention and Compliance Assistance. This office promotes technology aimed at reducing pollutants during the entire manufacturing process.