Clean Air Act (CAA)

The Clean Air Act (CAA), including the Amendments (CAAA) of 1990, is designed to “protect and enhance the nation’s air resources so as to promote the public health and welfare and the productive capacity of the population.” Under the CAAA, many facilities are required to obtain CAA permits. State and local governments oversee, manage, and enforce many of the requirements of the CAAA.

CAA Titles. The CAA consists of six sections, referred to as Titles, which direct EPA to establish national standards for ambient air quality. Titles I-VI regulations can be found in 40 CFR 50-95.

Title I - Air Pollution Prevention and Control. Pursuant to Title I of the CAA, EPA has established national ambient air quality standards (NAAQSs) to limit levels of six criteria pollutants, including carbon monoxide, lead, nitrogen oxides, particulate matter (PM), ozone, and sulfur dioxide (40 CFR 50). Under Section 110 of the CAA, each state must develop a State Implementation Plan (SIP) to identify sources of air pollution and to determine what reductions are required to meet federal air quality standards. The SIP must be approved by EPA, or EPA may promulgate a plan of its own. Once a SIP is approved, it may be enforced by both federal and state authorities (CAA Section 110, 42 U.S.C., Section 7410(a) (2)). Geographic areas that meet NAAQSs for given pollutants are classified as attainment areas; those that do not meet NAAQSs are classified as nonattainment areas. Those areas that are classified as nonattainment must update their SIPs in order to improve air quality. Food processing plants located in nonattainment areas may be required to install reasonably available control technology (RACT). RACT is defined as “devices, systems, process modifications, or other apparatus or techniques that are reasonably available” in order to obtain attainment status.

Title I also authorizes EPA to establish New Source Performance Standards (NSPSs), which are nationally uniform emission standards for new stationary sources falling within particular industrial categories (CAA Section 111). NSPSs are based on the pollution control technology available to that category of industrial source but allow the affected industries the flexibility to devise a cost-effective means of reducing emissions.

Title II - Emission Standards for Moving Sources. Title II of the CAA (Section 201-250) pertains to mobile sources, such as cars, trucks, buses, and planes. It establishes allowable levels of automobile emissions and includes provisions for alternative fuels. Reformulated gasoline, automobile pollution control devices, and vapor recovery nozzles on gas pumps are a few of the mechanisms EPA uses to regulate mobile air emission sources.

Title III - Air Toxics. Under Title I, EPA establishes and enforces National Emissions Standards for Hazardous Air Pollutants (NESHAPs), nationally uniform standards oriented towards controlling particular hazardous air pollutants (HAPs). Title III further directed EPA to develop a list of sources that emit any of 187 HAPs listed under Section 112 of the CAA, and to develop regulations for these categories of sources. To date, EPA has listed 174 categories and developed a schedule for the establishment of emission standards. The emission standards will be developed for both new and existing sources based on maximum achievable control technology (MACT). The MACT is defined as the control technology achieving the maximum degree of reduction in the emission of the HAPs, taking into account cost and other factors.

The NESHAP for Industrial, Commercial and Institutional Boiler and Process Heaters (Boiler MACT) was finalized on September 13, 2004. This rule affects many industrial owners of boilers and process heaters. The rule sets limits on four classes of pollutants: mercury and mercury compounds, metallic HAP's (non-mercury), inorganic HAP's, and organic HAP's.

Title IV - Acid Deposition Control. Acid rain occurs when sulfur dioxide and nitrogen oxide emissions are released into the atmosphere and return to the earth in rain, fog, or snow. Title IV establishes a sulfur dioxide emissions program designed to reduce the formation of acid rain by requiring power plants and other utilities to reduce sulfur dioxide emissions. Reduction of sulfur dioxide releases will be obtained by granting certain sources limited emissions allowances. This program began in 1995 and set levels of sulfur dioxide releases below previous levels.

Title V - Permits. Title V of the CAAA of 1990 created a permit program for all major sources (and certain other sources) regulated under the CAA. One purpose of the operating permit is to include, in one document, all air emissions requirements that apply to a given facility. States are developing the permit programs in accordance with guidance and regulations from EPA. Once a state program is approved by EPA, permits will be issued and monitored by that state (see Air Pollution State Resource Locator).

In food manufacturing there are a number of operations that may generate emissions and when combined exceed minimums and require a Title V Air Permit. Example activities include: boilers (VOC’s, PM), receiving areas (PM, VOC’s), cooking (VOC’s, PM), grinders (PM), waste treatment (PM, VOC’s), fryers (VOC, PM), proofing/fermentation (VOC’s), dryers (VOC, PM), etc.

Figure 1: Process flow diagram of food rendering plant
and potential air emission sources.

In order to assess whether one requires a Title V permit it is necessary to estimate potential emissions from each manufacturing step/operation, including receiving and shipping. Principal pollutant emission factors for some food processing operations have been tabulated to aid in determining annual emissions. Those without factors need to be experimentally measured or estimated based on like processes.

If emission estimates exceed or potentially may exceed Title V permits then an operating permit must be sought. Most title V permits are issued by state and local permitting authorities. These permits are often called part 70 permits because the regulations that establish minimum standards for State permit programs are found in the Code of Federal Regulations at 40 CFR part 70.

Two documents that can be employed to hep you determine if your business is a minor or major source of air pollution are Potential to Emit, A Guide for Small Businesses and AP 42, Fifth Edition Compilation of Air Pollutant Emission Factors. The reference Potential to Emit provides a good explanation of the rules and examples of calculations using emissions factors. AP-42 contains emission factors and process information for more than 200 air pollution source categories, including some food processing operations.

Title VI - Stratospheric Ozone. Title VI is intended to protect stratospheric ozone by phasing out the manufacture of ozone-depleting chemicals and restricting their use and distribution. Title VI requires EPA to list all regulated substances along with their ozone depletion potential, atmospheric lifetimes, and global warming potentials.

Stationary refrigeration and air-conditioning used by the food processing industry is regulated under Section 608 of the Clean Air Act to minimize refrigerant emissions by maximizing the recovery and recycling of such substances during the service, repair, or disposal of refrigeration and air-conditioning equipment (i.e., appliances).

State and local governments also play an important role in meeting the national goal of reducing greenhouse gas. They are participating in national voluntary programs and initiatives, analyzing the costs and benefits of actions and developing and applying innovative programs and strategies that achieve wide-ranging benefits to businesses, the environment and public health (see Climate Change State Resource Locator).