Question

A natural gas power plant meets all Clean Air Act regulations except during the start- up and shut-down of daily operations. During these times, the following things occur which significantly increases their emissions output: furnace blasting to start batch operations, parts are automatically degassing and cleaning, boiler start-up, sandblasting clean-up activities take place, filters are instruments are purged cleaned, and changed or repaired. or Local citizens filed a complaint with the EPA, demanding that the power plant be punished for exceeding the emissions standards. The plant says that cleaning and repairing activities are required to maintain equipment and are not part of the "normal operations" under the EPA regulations. Is the power plant violating the Clean Air Act? Why or why not?

Answer 1

Under the Title I of the Clear Air Act, there are various Programs and Activities that are undertaken by in order to enhance the air quality and promote the Nation’s Public Health. In this regard, Part C under Tittle I deals with PSD i.e. Prevention of Significant Deterioration of the quality in air. One of the objectives here clearly states that it is the duty of the Government to protect its citizens from any adverse effects caused due to the Non-attainment areas that do not meet the standards or either primary or secondary quality of air. As per this objective, the above case shall also be covered because irrespective of it not being under “normal operations:, the Power Plant exceeds the emission standards, thereby causing adverse effect to the Public.

Hence, the power plant is violating the Clear Air Act.