Implementation of the National Ambient Air Quality Standards (NAAQS): Opportunities for Public Participation EPA Environmental Justice Training Research Triangle Park, NC March 18, 2014 Rich Damberg U.S. Environmental Protection Agency Office of Air Quality Planning and Standards
Today s Presentation Benefits of improving air quality and attaining the NAAQS Protecting public health and the environment Achieving climate co-benefits Air quality management process Opportunities for public participation 1. Air monitoring networks 2. Area designation process 3. State implementation plan development 4. EPA review and approval NAAQS review schedule and implementation milestones 2
Public Health Benefits of the U.S. Clean Air Act are Significant Clean Air Act Benefits 1970-1990 205,000 premature deaths avoided 40:1 ratio of benefits/costs Clean Air Act Benefits 1990-2010 160,000 premature deaths avoided 25:1 ratio of benefits/costs* Note: EPA may not consider costs in setting the NAAQS. Costs are considered in developing control strategies to meet the standards (the implementation phase). Data taken from EPA, 2011. The Benefits and Costs of the Clean Air Act: 1990 to 2020. See http://www.epa.gov/air/sect812/prospective2.html. 3
Fine Particle Formation (e.g. Ammonium Sulfate and Ammonium Nitrate) Attaining the NAAQS Also Helps Protect Ecosystems and Visibility cough (Ammonia) Glacier National Park Chicago, Illinois
Reducing Air Pollution Leads to Climate Co-Benefits Source: Bounding the role of black carbon in climate: A scientific assessment, T. Bond et.al. January 2013 Journal of Geophysical Research Atmospheres 5
Photo: World Architecture Photo: Universal Images Group Photo: Mitch Epstein 6
Air Quality Management Cycle EPA revises National Ambient Air Quality Standards, Monitoring Reqts. EPA Designates Nonattainment Areas Scientific Research Air Agency Assesses Expected Improvement From Federal Measures, and Develops Additional Control Strategies to Attain Standards Ongoing Evaluation by EPA and Air Agency: Air Quality Monitoring, Tracking Emissions and Implementation of Control Programs Air Agency Submits Plan to EPA and Implements Control Strategies Through Regulatory and Non-regulatory Approaches 7
Real-time Reporting of Air Quality Conditions Purpose Communicate air quality information to the public Protect health by informing the public about current conditions and when to take action to reduce exposure to poor air quality Especially for sensitive groups (people with heart or lung disease, older adults, and children) Same Air Quality Index (AQI) scale and color are used for all pollutants and across the U.S. 8
Air Quality Management Responsibilities Federal Government Sets air quality standards and Designates areas as attainment, nonattainment, or unclassifiable Establishes national controls for certain source categories that states cannot regulate (e.g., mobile sources) Promulgates regulations to address interstate transport of pollution Develops guidance to interpret rules and Clean Air Act requirements Reviews pre-construction and operating permits Approves and enforces SIPs Air Agency Recommends areas for designations Issues pre-construction and operating permits to individual facilities Provides resources and legal infrastructure for AQ program Develops emission inventories Operates air quality monitoring networks Performs air quality modeling and identify emissions control strategies needed to attain standards Consults with interested parties and adopts state regulations to reduce emissions Submits plans to EPA. Regulations become federally enforceable on approval Enforces regulations 9
EPA Air Program Structure Four Headquarters Offices Washington, DC Research Triangle Park, NC Ann Arbor, MI Las Vegas, NV Ten Regional Offices Work directly with State, local and tribal governments 10
Summary: Opportunities for Public Participation Joining air agency email groups or listservs Participating in air agency technical work groups Participating in public advisory committee / stakeholder groups Arranging ad hoc meetings with key decision makers Participating in public hearings and webinars on proposed state, tribal, or federal agency actions Formally submitting public comments on proposed state actions Formally submitting public comments on proposed EPA actions 11
1. Operation of Air Quality Monitoring Networks EPA often modifies air monitoring requirements for states at the time it revises a NAAQS Air agency procedures for identifying locations for new monitoring sites vary. In some states, interested parties can participate in the process for identifying candidate sites. Air agency must submit an updated air monitoring plan to the EPA Regional Administrator by July 1 each year Air agency must provide at least 30 days public notice and opportunity for comment prior to submitting plan to EPA EPA provides an opportunity for public comment on any revised plan EPA is required to take action on any plan within 120 days 12
2. Designation of Nonattainment Areas Within 1 year of a NAAQS revision, each Governor is required to submit recommendations to EPA regarding which areas should be nonattainment, attainment, or unclassifiable (Tribal leaders may choose to do so but are not required to do so) Nonattainment area is an area with air quality that violates the standard, plus the nearby area with sources that contribute to air quality levels that exceed the standard State area designation recommendations are to be based on several technical factors Air quality data, emissions data (inventory, population, vehicle miles travelled), meteorological data, geography/topography, jurisdictional boundaries EPA s publicly available GIS system provides multiple technical data sets for use in the area designations process: http://www.epa.gov/airquality/particlepollution/designations/2012standards/techinfo.htm 13
2. Designation of Nonattainment Areas After considering technical data and air agency recommendations, EPA Regional Administrators issue the 120-day letters to air agencies (i.e., letters are sent at least 120 days before EPA issues a final action) EPA commonly provides a 30-day public comment opportunity after sending the letters EPA also commonly provides an additional 30 day period for air agencies to provide additional comments to EPA and respond to any new information that may have been provided by the public The EPA Administrator then considers all information and comments received in making final decisions on the area boundaries 14
3. State Implementation Plan Development CAA requires States to submit an attainment plan within 18-36 months (varies by NAAQS) of nonattainment area designation States must demonstrate attainment as expeditiously as practicable Ozone (3-20 years); PM2.5 (6-15 years) Take into account existing federal and state emission reduction regulations already in place Adopt necessary regulations for new reasonable control measures on sources in the state in order to attain the standard. Adopt control measures to prevent significant contribution to other downwind states EPA Regional Office works closely with air agency to develop plans by deadline for submittal 15
3. State Implementation Plan Elements Develop detailed emission inventory Identify existing federal & state controls Evaluate technically and economically feasible new controls on sources in the nonattainment area and state Conduct air quality modeling to evaluate air quality improvement from projected existing and new emission reductions Adopt enforceable regulations and control measures: emission limits, test methods, monitoring and reporting for specific sources Ensure reasonable progress toward attainment Adopt contingency measures to apply in the event the area fails to attain by its attainment date 16
3. State Implementation Plan Process Air agency may form a public advisory group early in the process to define and evaluate the local problem and help develop recommendations for emission reduction strategies Any proposed state regulations and implementation plan revision must be subject to public review and an opportunity for the public to provide comments. State rulemaking processes vary substantially Proposed rules are commonly published in state register After considering public comment and revising the plan as necessary, the air agency then submits the plan to EPA for review and approval 17
Federal Measures Federal programs provide for nationwide reductions in emissions ozone through: Federal Mobile Source Control Program including controls for automobile, truck, bus, motorcycle, and nonroad emissions New source performance standards for industrial and other stationary sources Emission standards for hazardous air pollutants (e.g. Mercury and Air Toxics Standards for power plants; standards for industrial and other stationary sources) Regional programs to address interstate transport (e.g., power plant reductions under NOx Budget Trading Rule, Clean Air Interstate Rule) Consumer products standards (e.g., paints, solvents, cleaning products) 18
Example Local Emission Reduction Measures New or improved direct PM and precursor controls on stationary sources (e.g. scrubbers, selective catalytic reduction, improved combustion efficiency of industrial processes, baghouse, ESP, diesel particle filter) Year-round operation of seasonal stationary source NOx controls Diesel retrofits (trucks, school buses, stationary engines) Diesel idling (trucks, trains, port equipment, etc.) Programs to reduce emissions from poorly maintained vehicles Vehicle on-board diagnostics Year-round measures to reduce vehicle miles traveled (carpooling incentives, etc.) Programs to reduce emissions from residential wood combustion, outdoor wood boilers, and back yard barrel burning Open burning laws and better enforcement Smoke management plans Reducing emissions of volatile aromatic compounds (surface coatings, gasoline, solvents, etc.) More information available at http://www.epa.gov/pm/measures.html 19
4. EPA Action on Implementation Plans EPA reviews air agency plans to determine whether they meet or do not meet applicable CAA requirements. EPA issues a proposed action in the Federal Register and provides opportunity for public comment EPA then considers comments and issues a final action EPA approval of state regulations makes them federally enforceable. If a state fails to submit a timely SIP, or EPA disapproves a plan, certain sanctions are to be applied. In some cases, EPA may develop and implement a Federal plan for the state or Tribe. 20
Consequences of Failing to Comply with Requirements Versus Failing to Attain the Standard States that fail to comply with planning or implementation requirements may be subject to sanctions New source emissions offset ratio of 2 to 1 Restricted highway funding If state fails to attain by its attainment date, no sanctions apply, but States must undertake a new round of planning and control measure development EPA can require additional measures to ensure attainment by the new attainment date Ozone and PM2.5 areas are automatically reclassified to higher classification and must meet additional requirements 21
Implementation of 2012 PM 2.5 Standards Annual standard revised to 12 ug/m 3 in December 2012 Includes new requirements for 52 near-road monitoring sites. December 2013: State recommendations were due in December 2013, and EPA intends to issue 120-day letters in August 2014 Implementation rule under development: Proposal in 2014; final rule in 2015 Will clarify PM 2.5 nonattainment implementation requirements according to Subpart 4 of CAA (sections 188-190 for PM 10 ) Key issues Plans are due 18 months after area designations (2016) Attainment required in 2021-26 PM2.5 precursor pollutants (SO2, NOx, VOC, ammonia) Reclassification to Serious if do not attain after 6 years (or earlier if it is clear that area cannot attain) Best available control measures required New Source Review: lower major source threshold of 70 tons per year 22
For More Information PM 2.5 main page: http://www.epa.gov/pm/ PM 2.5 NAAQS and related documents: http://www.epa.gov/ttn/naaqs/standards/pm/s_pm_index.html PM 2.5 implementation issues: http://www.epa.gov/airquality/particlepollution/implement.html PM2.5 area designations: http://www.epa.gov/pmdesignations/ SIP overview and status: http://www.epa.gov/airquality/urbanair/sipstatus/overview.html Menu of Control Measures: http://www.epa.gov/air/pdfs/menuofcontrolmeasures.pdf Black carbon and climate issues: http://www.epa.gov/blackcarbon/ 23
Questions? Rich Damberg EPA Office of Air Quality Planning and Standards damberg.rich@epa.gov 919-541-5592 24