EPA & Clean Air Act Compliance Flashcards

Which Montreal Protocol phase-down schedule is incorporated into the Clean Air Act Title VI provisions regarding stratospheric ozone protection?

Answer: Phase-out of CFCs, HCFCs, and production of substitutes with lower ozone-depleting potential

CAA Title VI implements the Montreal Protocol by phasing out CFCs and HCFCs and requiring use of safer substitutes, all tracked through EPA's SNAP (Significant New Alternatives Policy) program.

Under the Clean Air Act, EPA's 'once in, always in' policy (now revised) originally meant that if a facility emitted HAPs above major source thresholds, it:

Answer: Was permanently subject to major source MACT standards even if it later reduced emissions below thresholds

Under the original 'once in, always in' policy, facilities that ever qualified as major HAP sources remained subject to major source MACT requirements permanently, even after reducing emissions.

What is the significance of EPA's 2022 'endangerment finding' reaffirmation for climate compliance professionals?

Answer: It confirmed EPA's legal authority to regulate GHGs under the CAA, sustaining the regulatory basis for GHG rules

Reaffirming the 2009 Endangerment Finding updated the scientific basis and reinforced EPA's legal foundation for regulating greenhouse gases under the Clean Air Act.

Under the CAA's NSPS program, what obligation does EPA have when reviewing standards for an existing source category?

Answer: It must review and, if appropriate, revise standards at least every 8 years

CAA Section 111(b)(1)(B) requires EPA to review NSPS for each source category at least every 8 years and revise them if appropriate based on technological developments.

How does EPA's SNAP (Significant New Alternatives Policy) program relate to climate change goals?

Answer: It evaluates substitute refrigerants and chemicals for both ozone safety and global warming potential, phasing out high-GWP HFCs

SNAP evaluates substitutes for ozone-depleting substances and now also considers global warming potential, listing or delisting alternatives like high-GWP HFCs to advance both ozone and climate goals.

A CCP professional reviewing a cement plant's compliance notices the facility is subject to both NSPS and NESHAP rules. Which statement about this dual regulation is correct?

Answer: The facility must comply with both independently, and NESHAP generally cannot be less stringent than NSPS for the same pollutant

NSPS and NESHAP are separate programs regulating different pollutant categories (criteria vs. hazardous) and both apply independently; a source must comply with all applicable standards simultaneously.

Under the West Virginia v. EPA (2022) Supreme Court ruling, what constraint did the Court place on EPA's authority under Clean Air Act Section 111(d)?

Answer: EPA cannot use generation shifting (fuel switching at grid scale) as the basis for emission standards without clear congressional authorization (major questions doctrine)

The Court applied the 'major questions doctrine,' ruling that EPA's Clean Power Plan exceeded its authority by requiring grid-wide generation shifting rather than source-level controls, absent clear congressional authorization.