National Ambient Air Quality Standards, Implementation Plans

and Public Participation

Laura McKelvey U.S. EPA

mckelvey.laura @epa.gov

Topics

• What are the NAAQS?

• Why are they important?

• What is the air quality planning process?

• What is a State Implementation Plan or SIP?

• How can you participate in the process?

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Air Quality Management Process

3

Set Air Quality Goals

Evaluate Air Quality

- Emissions Inventory Data

- Ambient Air Monitoring Data

Determine Necessary Emissions Reductions

- Modeling

Choose Control Strategies

- Voluntary programs

- Some strategies may be regulatory

Implement Control Strategies

- Title V and other Permits

- Surveillance

- Enforcement

What are NAAQS?

• Title I of CAA directs EPA to establish National Ambient Air Quality Standards (NAAQS) for commonly occurring air pollutants posing public health threats

• NAAQS set national levels for acceptable concentrations of specific pollutants in outdoor air known as “criteria pollutants”

• NAAQS consist of pollutant concentrations in air that may not be exceeded

• NAAQS are federal standards that apply coast-to-coast, regardless of jurisdiction

4

The Existing NAAQS

• EPA has set NAAQS for 6 criteria pollutants:

– Ground-level ozone or smog (O3)

– Particulate Matter (PM)

• PM10 and PM 2.5

– Lead (Pb)

– Nitrogen Oxide (NOx)

– Sulfur Dioxide (SOx)

– Carbon Monoxide (CO)

5

National Ambient Air Quality Standards

• Two types of standards are developed: – “Primary” standards to protect public health with

an adequate margin of safety

– “Secondary” standards to protect public welfare and the environment

• The CAA requires EPA to review the standard set for each criteria pollutant every 5 years with advice from the Clean Air Scientific Advisory Committee (CASAC)

6

What is Particulate Matter?

It is a complex mixture of extremely small particles and liquid droplets 7

Particulate Matter • Larger particles (>PM10)

deposit in the upper respiratory tract

• Smaller, inhalable particles (< PM10) penetrate deep into the lungs

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• Both coarse PM10-2.5 and fine PM 2.5 can penetrate to lower lung

• Deposited particles may accumulate, react, be cleared or absorbed

Health Effects of Particle Pollution • Particles can cause both respiratory and cardio-vascular health problems

including: – Aggravated asthma – Increases respiratory systems like coughing and difficulty breathing – Chronic bronchitis – Decreased lung function – Changes in heart rate and heart rate variability – Cardiac arrhythmias – Heart attacks – Premature deaths

• Types of studies: – Epidemiology and field – Controlled human exposure – Animal

9

10

Ground-level Ozone • Primary component of smog • Sometimes called “bad ozone” to distinguish it from “good ozone”

– Both types of ozone have the same chemical composition (O3) – “Good ozone” occurs naturally in the upper portions of the earth’s

atmosphere and forms a layer that protects life on earth from the sun’s harmful rays

– “Bad ozone” forms at ground level is harmful to breathe

• Not emitted directly into the air but forms when emissions of NOx and VOCs “cook” in the sun – Emissions from industrial facilities, electric utilities, motor vehicle exhaust,

gasoline vapors, and chemical solvents are the major man-made sources of NOx and VOCs

• Mainly a summertime pollutant because sunlight and hot weather accelerate its formation

• Ozone levels can be high in both urban and rural areas, often due to transport of ozone, or the NOx and VOC emissions that form ozone

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Ozone and Health • Ozone can penetrate deep into

the lungs and can: – Make it more difficult to people

working or playing outside to breathe deeply or as vigorously as normal

– Irritate the airways causing: coughing, sore or scratchy throat, pain when taking a deep breath, and shortness of breath

– Inflame and damage the lung’s lining by injuring the cells that line the air spaces in the lung

– Increase susceptibility to respiratory infections

– Aggravate chronic lung disease such as asthma, emphysema, and bronchitis.

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• Repeated exposure may cause permanent changes in the lung, leading to long-term health effects and a lower quality of life

Major Contributors to Ozone

• Sources of NOx and VOCs

– Motor vehicles

– Power plants

– Factories

– Consumer and commercial products

– Fuel combustion processes

13

Definition of a Non-Attainment Area

• Section 107(d)(1)(A)(I):

– Designations

• …”any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.”

14

Air Quality Planning Process

• EPA promulgates designations of areas

– Non-attainment

– Attainment

– Unclassifiable

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What is a State Implementation Plan (SIP)?

• A specific set of plans for reducing air pollution emissions

• Required by federal law (Clean Air Act) for areas not meeting the NAAQS

• Requires control strategies

• Sets forth technical and regulatory process for demonstrating attainment and maintenance requirements

16

17

The State Implementation Plan Process

SIP Process and Roles

Area designated nonattainment by EPA Provide input on designation status & geographic area size,

learn about the SIP process in your state, gather source data, make initial contact with your state and Regional Office

State/local agencies start to develop SIP Meet with state SIP development team, join SIP stakeholder

group, get on mailing list State drafts SIP and submits to EPA for informal review

Work with Regional Office to provide input and tribal perspective

State modifies SIP based on EPA comments

State holds public hearing and comment period

State revises SIP to respond to public comment

State adopts& officially submits SIP to EPA Regional Office

EPA performs completeness review (EPA has 6 months)

EPA publishes proposed notice in Federal Register

EPA holds public comment period

EPA publishes final action responding to public comment

SIP is now federally enforceable

Attend and speak at public hearing, submit written comment

Work with Regional Office to review and provide input

Opportunities for Input

Attend and speak at public hearing, submit written comment

Work with EPA and state to ensure controls are in place and working

How You Can Participate in the Process

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EPA Rulemakings • MUST go through public comment

– Proposed rules are published in the Federal Register and EPA maintains a rulemaking docket (section 307(d))

• Citizens can petition for review of EPA rules to the Court of Appeals (section 307(d))

• Courts can overturn EPA rules that are: – Unsupported by the record – Arbitrary, capricious, an abuse of discretion, or otherwise NOT

in accordance with the law – Contrary to constitutional right power, privilege or immunity – In excess of statutory authority – Without observance of procedures required by law

• NOTE: SIP approvals are rulemaking actions and must undergo public comment

Public Comment on SIP Process • Every SIP and SIP revision must be submitted to EPA for

approval after the state has provided public notice and held a public hearing on the draft SIP – Section 110(a)(1)

• EPA must take public comment on it’s actions to approve or disapprove the SIP – Section 307(d)(3))

– Note: if the SIP has tribal implications then EPA should consult with the tribe on the SIP

• A citizen can challenge EPA’s approval in the Court of Appeals

Citizen Suits

• Citizens can directly sue any source for:

– Violating permits

– State or national standards

– Constructing a major emitting source without a permit

• Citizens can also sue EPA for failure to perform an act or duty that is not discretionary

– Section 304(a)(2)

APPENDIX

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National Ambient Air Quality Standards

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Pollutant

NAAQS

Promulgation

Date

Designations

Effective

110(a) SIPs

due (3 yrs after

NAAQS

promulgation)

Attainment

Demonstration

Due

Attainment

Date

PM2.5

(2006) Sept 2006 Dec 2009 Sept 2009 Dec 2012

Dec

2014/2019

Pb Oct 2008 Nov 2010/2011 (extra time for new

monitors)

Oct 2011 May

2012/2013

Nov

2015/2016

NO2

(primary) Jan 2010 Feb 2012 Jan 2013 Aug 2013 Feb 2017

SO2

(primary) June 2010 July 2012 June 2013 Jan 2014 July 2017

Ozone Dec 31 2010 Aug 2012

(2008-2010 data) Dec 2013

Dec 2014 (to be proposed)

Dec 2018 (moderate)

CO May 2011 June 2013 May 2014 June 2015 May 2018

PM2.5

(2011) Oct 2011 Nov 2013 Oct 2014 Nov 2016

Nov

2018/2023

NO2/SO2

Secondary Mar 2012 April 2014 Mar 2015 Oct 2015 NA

Anticipated NAAQS 110 SIP Implementation Milestones

Updated Nov 2010

Current Schedule for Ongoing NAAQS Reviews (Sept 2010)

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MILESTONE

POLLUTANT

NO2 Primary SO2 Primary Ozone

Reconsideration CO PM

NO2/SO2

Secondary Lead

NPR Jun 26, 2009 Nov 16, 2009 Jan 6, 2010 Jan 28, 2011 Feb 2011 July 12, 2011 Nov 2013

NFR Jan 22, 2010 Jun 2, 2010 Oct 29, 2010 Aug 12, 2011 Oct 2011 Mar 20, 2012 Sept 2014

NOTE:

Underlined dates indicate court-ordered or settlement agreement deadlines

Next Ozone Review: Proposal in Jun 2013 and Final in Mar 2014

Implementation Plans in Indian Country: Federal Implementation Plans (FIPs)

• Federal Implementation Plans (FIPs) are:

– Plans developed by EPA

– Often developed to address regulatory gaps in Indian country

– Can be replaced by TIPs

Implementation Plans in Indian Country: Tribal Implementation Plans (TIPs)

• SIPs do not generally apply in Indian country

• There are a few exceptions where EPA has specifically approved a SIP to apply in Indian country

• TIPs are plans developed and submitted by tribes to EPA to apply to Indian country lands where they can demonstrate jurisdiction

• TIPs are similar to SIPs, but can be modular and are not a mandatory obligation for tribes

• There have been no TIPs approved yet