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EPA 40 CFR Subchapter C Air Programs 

 

October 14, 2024

 

Let's talk about Title 40 of the Code of Federal Regulations (CFR) Subchapter C: Air Programs. As mentioned in the first edition, Subchapter C centers on national air quality standards and regulations for controlling air pollution from various sources.

 

Subchapter C: Air Programs (Parts 50 – 99)

 

This section of the 40 CFR is critically important for maintaining clean air in the United States. The regulations within Subchapter C are quite extensive, covering a wide array of topics related to air quality. Let's examine all of the key parts of Subchapter C:

 

Part 51: Requirements for Preparation, Adoption, and Submittal of Implementation Plans

 

This part outlines how states develop and implement plans to achieve national air quality standards. This is a foundational element of the Clean Air Act, ensuring collaboration between federal and state authorities.

 

Part 52: Approval and Promulgation of Implementation Plans

 

This section details how the EPA reviews and approves the state implementation plans developed under Part 51. It ensures that state-level strategies align with national air quality goals.

 

Part 53: Ambient Air Monitoring Reference and Equivalent Methods

 

This part sets standards for the methods and technologies used to monitor ambient air quality. It ensures accurate and reliable data collection for assessing air pollution levels.

 

Part 54: Prior Notice of Citizen Suits

 

This section outlines the procedures for citizens to provide notice before filing lawsuits related to violations of the Clean Air Act. It empowers citizens to participate in enforcing environmental regulations.

 

Part 55: Outer Continental Shelf Air Regulations

 

This part establishes air pollution control requirements for activities on the Outer Continental Shelf, such as offshore oil and gas production. It extends air quality protection to these important areas.

 

Part 56: Regional Consistency

 

This section ensures consistency in air quality regulations across different regions of the United States. It promotes a unified approach to air pollution control.

 

Part 57: Primary Nonferrous Smelter Orders

 

This part addresses air pollution from primary nonferrous smelters, which are facilities that process metals like copper and lead. It sets specific emission limits and compliance requirements for these industries.

 

Part 58: Ambient Air Quality Surveillance

 

This section establishes a framework for monitoring and assessing ambient air quality across the country. It provides data for tracking air pollution trends and evaluating the effectiveness of control measures.

 

Part 59: National Volatile Organic Compound Emission Standards for Consumer and Commercial Products

 

This part sets standards for volatile organic compound (VOC) emissions from consumer and commercial products, such as paints, solvents, and cleaners. It aims to reduce VOC emissions that contribute to smog and other air quality issues.

 

Part 60: Standards of Performance for New Stationary Sources

 

New industrial facilities, such as power plants and factories, are subject to specific emission limits under this part. This is a key component in preventing new sources of pollution from exceeding acceptable levels.

 

Part 61: National Emission Standards for Hazardous Air Pollutants

 

This part establishes national standards for hazardous air pollutants, focusing on reducing emissions of substances known to be harmful to human health. These standards are crucial for controlling pollutants that can cause serious health issues.

 

Part 62: Approval and Promulgation of State Plans for Designated Facilities and Pollutants

 

This section outlines how the EPA reviews and approves state plans for regulating specific facilities and pollutants. It ensures coordination between federal and state efforts in controlling air pollution.

 

Part 63: National Emission Standards for Hazardous Air Pollutants for Source Categories

Building upon Part 61, this section sets emission standards for specific categories of industrial sources that emit hazardous air pollutants. It provides a tailored approach to regulating industries based on their potential environmental impact.

 

Part 64: Compliance Assurance Monitoring

 

This part establishes requirements for monitoring and reporting to ensure compliance with air quality regulations. It provides a framework for verifying that facilities are meeting emission limits and other requirements.

 

Part 65: Consolidated Federal Air Rule

 

This section consolidates various federal air quality regulations into a single rule, streamlining compliance for industries subject to multiple air pollution control requirements.

 

Part 66: Assessment and Collection of Noncompliance Penalties by EPA

 

This part outlines procedures for the EPA to assess and collect penalties for violations of air quality regulations. It provides a mechanism for enforcing compliance and deterring future violations.

 

Part 67: EPA Approval of State Noncompliance Penalty Program

 

This section allows states to develop and implement their own programs for assessing and collecting noncompliance penalties, subject to EPA approval. It fosters greater state involvement in air quality enforcement.

 

Part 68: Chemical Accident Prevention Provisions

 

This part sets requirements for preventing accidental releases of hazardous chemicals that could pose a risk to public health and the environment. It aims to minimize the likelihood and severity of chemical accidents.

 

Part 69: Special Exemptions from Requirements of the Clean Air Act

 

This section outlines procedures for granting exemptions from certain requirements of the Clean Air Act under specific circumstances. It provides flexibility in implementing air quality regulations while ensuring environmental protection.

 

Part 70: State Operating Permit Programs

 

This section outlines how states develop and implement operating permit programs for major sources of air pollution. These permits help ensure that facilities meet the necessary requirements and operate within established environmental limits.

 

Part 71: Federal Operating Permit Programs

 

Similar to Part 70, this section establishes federal operating permit programs for certain sources of air pollution in states that do not have approved state programs. It ensures consistent permitting requirements across the country.

 

Part 72: Permits Regulation

 

This part provides detailed regulations for implementing permit programs under the Acid Rain Program, which aims to reduce sulfur dioxide and nitrogen oxide emissions from power plants.

 

Part 73: Sulfur Dioxide Allowance System

 

This section establishes a market-based trading system for sulfur dioxide emissions, allowing power plants to buy and sell allowances to meet emission reduction requirements under the Acid Rain Program.

 

Part 74: Sulfur Dioxide Opt-Ins

 

This part allows sources that are not required to participate in the Acid Rain Program to voluntarily opt in and receive allowances. It encourages broader participation in emission reduction efforts.

 

Part 75: Continuous Emission Monitoring

 

This section sets standards for continuous emission monitoring systems, which provide real-time data on emissions from certain sources. It enhances monitoring and reporting of air pollution.

 

Part 76: Acid Rain Nitrogen Oxides Emission Reduction Program

 

This part establishes a program to reduce nitrogen oxide emissions from power plants under the Acid Rain Program. It complements the sulfur dioxide allowance system in addressing acid rain.

 

Part 77: Excess Emissions

 

This section outlines procedures for reporting and addressing excess emissions, which occur when a source exceeds its permitted emission limits. It provides a framework for handling emission exceedances.

 

Part 78: Appeal Procedures

 

This part establishes procedures for appealing EPA decisions related to air quality permits and other regulatory actions. It ensures fairness and due process in the implementation of air quality regulations.

 

Part 79: Registration of Fuels and Fuel Additives

 

This section requires the registration of fuels and fuel additives with the EPA. It provides information about the composition and properties of fuels used in the United States.

 

Part 80: Regulation of Fuels and Fuel Additives

 

This part sets standards for the composition and quality of fuels and fuel additives to reduce air pollution. It aims to minimize harmful emissions from the combustion of fuels.

 

Part 81: Designation of Areas for Air Quality Planning Purposes

 

This section outlines how areas are designated based on their air quality status, such as attainment or nonattainment with national ambient air quality standards. It provides a framework for developing and implementing air quality plans in different regions.

 

Part 82: Protection of Stratospheric Ozone

 

This part is dedicated to protecting the ozone layer by regulating substances that deplete it. It plays a crucial role in international efforts to address ozone depletion and its consequences for the environment and human health.

 

Part 83: [Reserved]: This part is currently reserved for future use.

 

Part 86: Control of Emissions from New and In-Use Highway Vehicles and Engines

 

This section sets standards for emissions from cars and trucks. It plays a major role in reducing vehicle emissions and improving air quality, especially in urban areas.

 

Part 87: Control of Air Pollution from Aircraft and Aircraft Engines

 

This part establishes emission standards for aircraft and aircraft engines, addressing a significant source of air pollution, particularly at airports and during air travel.

 

Part 88: Clean-Fuel Vehicles

 

This section promotes the use of clean-fuel vehicles, which emit fewer pollutants than traditional gasoline-powered vehicles. It encourages the development and adoption of cleaner transportation technologies.

 

Part 89: Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines

 

This part sets emission standards for nonroad compression-ignition engines, which are commonly used in construction equipment, agricultural machinery, and other off-road applications. It addresses air pollution from these important sources.
 

Part 90: Control of Emissions from Nonroad Spark-Ignition Engines at or Below 19 Kilowatts

 

This section regulates emissions from smaller nonroad spark-ignition engines, which are often used in lawnmowers, generators, and other equipment. It extends emission control requirements to a wider range of engines.

 

Part 91: Control of Emissions from Marine Spark-Ignition Engines

 

This part sets emission standards for marine spark-ignition engines used in recreational boats and other watercraft. It addresses air pollution from these sources, particularly in coastal areas and waterways.

 

Part 92: Control of Air Pollution from Locomotives and Locomotive Engines

 

This section regulates emissions from locomotives and locomotive engines, a significant source of air pollution, particularly in rail yards and along rail lines. It aims to reduce emissions from these powerful engines.

 

Part 93: Determining Conformity of Federal Actions to State or Federal Implementation Plans

 

This part ensures that actions taken by federal agencies comply with air quality plans. It prevents federal projects from undermining air quality goals and standards.

 

Part 94: Control of Emissions from Marine Compression-Ignition Engines

 

This part establishes emission standards for larger marine compression-ignition engines used in ships and other large vessels. It addresses air pollution from these significant sources, particularly in international shipping.

 

Part 95: Mandatory Patent Licenses

 

This section outlines procedures for granting mandatory patent licenses for technologies that can reduce air pollution. It promotes the dissemination and use of innovative pollution control technologies.

 

Part 96: NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State Implementation Plans

 

This part establishes a market-based approach to controlling nitrogen oxides (NOx) and sulfur dioxide (SO2) emissions. It allows industries to trade emission allowances, encouraging cost-effective pollution reduction strategies.

 

Part 97: Federal NOx Budget Trading Program, CAIR NOx and SO2 Trading Programs, CSAPR NOx and SO2 Trading Programs, and Texas SO2 Trading Program

 

This part expands upon the trading programs in Part 96, further promoting flexibility and innovation in achieving air quality goals.

 

Part 98: Mandatory Greenhouse Gas Reporting

 

This section requires certain facilities and sources to report their greenhouse gas emissions to the EPA. It provides data for tracking emissions trends and evaluating progress in addressing climate change.

 

Part 99: [Reserved]: This part is currently reserved for future use.

 

Who is affected by Subchapter C?

 

The regulations within Subchapter C impact a broad range of industries and stakeholders. Key industries subject to these regulations include:

 

• Manufacturing
• Power generation
• Oil refining
• Transportation (including automobile manufacturers, airlines, railways, and shipping)
• Waste management
• Chemical and petrochemical production
• Fertilizer production

 

The Significance of Subchapter C

 

Subchapter C plays a pivotal role in protecting public health and the environment by regulating air pollution. It sets standards for a wide range of pollutants, promotes the development and implementation of clean technologies, and establishes mechanisms for monitoring and enforcing compliance. Understanding Subchapter C is crucial for industries, policymakers, and individuals concerned with air quality.