EPA Proposed Ground-level Ozone (O3)

NAAQS

Rich McAllisterNational Tribal Air AssociationPolicy Advisory CommitteeHobbs Straus Dean & Walker

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Agenda

Overview of the Proposed Rule to revise the NAAQS for ground-level ozone (O3)

Effects of ozone on Native Americans

Actions that can be taken

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What is Ozone?

Ozone (O3) is a photochemical oxidant produced by reactions between Nitrogen Oxide (NOx) and a wide variety of VOCs such as from motor vehicle exhaust, oil refining, printing, petrochemicals, aviation, etc.

Ground-level O3 is the most common photochemical oxidant that creates smog

The chemical reactions to create O3 may occur downwind of the VOC sources

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EPA’s Proposed Rule

Proposal published December 17, 2014, Comments were due by March 17, 2015

EPA must complete rulemaking by Oct.1, 2015 EPA proposed revision of primary standard to protect

public health and secondary standard to protect public welfare for ground-level O3.

The 2008 standards are 75 ppb, and EPA proposed revising both to 65 – 70 ppb, and sought comment on setting standard at 60 ppb

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Why Revise the Ozone Standard?

Thousands of studies show the current primary and secondary standards of 75 ppb are inadequate

The Clean Air Act Sec. 109(b) tells EPA to set primary NAAQS at a level necessary to protect public health with an adequate margin of safety, and to set the secondary standard to protect public welfare

The Clean Air Scientific Advisory Committee (CASAC), recommends revising both standards to 60 ppb

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The Health Effects of Ozone

O3 exposure can harm the respiratory system, aggravate asthma/lung diseases, & cause premature death

The “at risk population” includes children, people with asthma & other lung diseases, older adults, and people who are active outdoors

O3 exposure can lead to increased use of medication, school absences, and increases in respiratory-related hospital admissions and emergency room visits

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Ozone Effects to Public Welfare

Multiple studies demonstrate O3 adversely affects public welfare – injury to vegetation, ecosystems, crop yield

Many studies show that O3 concentrations at levels below current secondary standard cause visible foliar injury to plants, and loss in tree growth and biomass

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NTAA Comments on EPA Proposal

NTAA strongly supports proposal to revise the primary and secondary NAAQS for O3

Significant effects at <75 ppb NTAA recommends that EPA give serious

consideration to setting the standard at 60 ppb This lower level is necessary to protect human

health Describes the disproportionate effect on Native

Americans

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Effects of O3 on Native Americans and Alaska Natives (NA/AN)

Native Americans are disproportionately susceptible to health effects from O3

Studies show that asthma affects NA/AN at a rate nearly double that of the general population and therefore they face a higher health risk from exposure to O3

Studies also show that NA/AN children suffer from asthma at a significantly higher rate than the general U.S. population

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Ozone-Sensitive PlantsUsed By Tribes

EPA’s Policy Assessment for the Review of the Ozone NAAQS includes an Appendix listing thirty O3 sensitive plant species of cultural significance to Tribes

O3 pollution has the potential to directly impact the cultural practices and lifeways of Native Americans who use those plant species for subsistence, medicines, & other traditional practices

EPA’s Policy Assessment recommends revising the primary and secondary O3 standards to 60 ppb

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Attainment Status of O3

EPA lists 53 reservations as in nonattainment for the 2008 O3 NAAQS (4 tribes in the NE Ozone Transport Region; 46 tribes in CA)

Alaska, Idaho, Minnesota, Nevada, North and South Dakota, and Oregon are listed as “Statewide and Any Areas of Indian Country – Unclassifiable/Attainment”

Any area EPA cannot designate on the basis of available data for O3 is designated as “unclassifiable/attainment”

The revised O3 as likely to put more tribal areas in nonattainment, such as reservations with oil and gas production or that are downwind of industries and oil production in adjacent states

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What Can a Tribe Do?

The CAA dictates that EPA must make designation decisions for areas not covered by an approved SIP, such as Indian reservations, or by an approved TIP

A Tribe can, among many other things, Apply for a CAA Sec. 103 grant to fund a O3 monitoring

program, or request that EPA monitor the area Seek Treatment as a State (TAS) under the CAA for Sec.

105 grants to establish an air quality program for the reservation; for Sec. 107 authority to recommend area designations; for Sec. 110 authority to establish a Tribal Implementation Plan; and for Sec. 126 status which requires notice of proposed new or modified sources outside the reservation that may degrade air quality

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Next Steps

If a Tribe believes that its reservation air quality is being impacted by O3, air quality monitoring data is needed EPA requires 3 consecutive years of certified monitoring data to determine an area’s attainment status

EPA Policy for Establishing Separate Air Quality Designations for Areas in Indian Country, 12/20/11

EPA Guidance to Regions for Working with Tribes during the NAAQS Designation Process, 12/20/11

Tribes can request that EPA should provide training to the Regions & Tribes on designating Indian Country & preparing implementation plans