Federal Air Quality Programs and Clean air Act 101

Darrel Harmon, OARDarrel Harmon, OAR

National Tribal ForumNational Tribal ForumJune 14-16, 2011June 14-16, 2011Northern Quest CasinoNorthern Quest CasinoSpokane, WASpokane, WA

Topics Topics Topics Topics Clean Air Act 101Clean Air Act 101 How are Clean Air Act Programs Implemented?How are Clean Air Act Programs Implemented? National Ambient Air Quality StandardsNational Ambient Air Quality Standards

What are the NAAQS? Why are they importantWhat are the NAAQS? Why are they important Designation ProcessDesignation Process SIPs, TIPs, and FIPs SIPs, TIPs, and FIPs Other Federal ProgramsOther Federal Programs

Clean Air Act 101Clean Air Act 101 How are Clean Air Act Programs Implemented?How are Clean Air Act Programs Implemented? National Ambient Air Quality StandardsNational Ambient Air Quality Standards

What are the NAAQS? Why are they importantWhat are the NAAQS? Why are they important Designation ProcessDesignation Process SIPs, TIPs, and FIPs SIPs, TIPs, and FIPs Other Federal ProgramsOther Federal Programs

Clean Air Act In 1970 Congress passed a

comprehensive CAA, concurrent with creating the US EPA

1990 amendments provided broader authority to implement and enforce regulations.

Roles: EPA, tribes, states, and local governments have specific roles in implementing the CAA

1990 amendments authorize the Tribal Authority Rule, which allows tribes to implement “severable elements” of the CAA in Indian country

Air Quality Management Process

Implement Control Strategies

-Title V and other Permits•Surveillance and

•EnforcementEvaluate Air Quality

•Emissions Inventory Data•Ambient Air Monitoring Data

Choose Control Strategies

-Voluntary programs

-Some strategies may be regulatory

Determine NecessaryEmissions Reductions

•Modeling

Set Air Quality Goals

What are NAAQS?What are NAAQS?

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

NAAQS set national levels for acceptable concentrations of specific pollutants in outdoor air

These are known as “criteria pollutants”

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

NAAQS set national levels for acceptable concentrations of specific pollutants in outdoor air

These are known as “criteria pollutants”

What are the NAAQS?What are the NAAQS? Concentrations of criteria pollutants

in air that may not be exceeded Federal standards that apply coast to

coast, regardless of jurisdiction

Concentrations of criteria pollutants in air that may not be exceeded

Federal standards that apply coast to coast, regardless of jurisdiction

The Existing NAAQSThe Existing NAAQS EPA Has set NAAQS for 6 criteria pollutants:

Ground-level ozone (smog) Particulate matter (PM)

PM10 and PM2.5

Lead Nitrogen Oxide Sulfur Dioxide Carbon Monoxide

EPA Has set NAAQS for 6 criteria pollutants: Ground-level ozone (smog) Particulate matter (PM)

PM10 and PM2.5

Lead Nitrogen Oxide Sulfur Dioxide Carbon Monoxide

What are EPA’s National Ambient Air Quality Standards (NAAQS)?

NAAQS for “criteria” pollutants “Primary” standards protect public health with an adequate

margin of safety “Secondary” standards 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)

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Particulate Matter: What is It?Particulate Matter: What is It?A complex mixture of extremely small particles and liquid dropletsA complex mixture of extremely small particles and liquid droplets

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• Larger particles (> PMLarger particles (> PM1010) deposit in the ) deposit in the

upper respiratory tractupper respiratory tract

• Smaller, inhalable particles (Smaller, inhalable particles (≤≤ PM PM1010) )

penetrate deep into the lungspenetrate deep into the lungs

• Both coarse PMBoth coarse PM10-2.5 10-2.5 and fine PMand fine PM2.52.5 can can

penetrate to lower lungpenetrate to lower lung

• Deposited particles may accumulate, Deposited particles may accumulate,

react, be cleared or absorbedreact, be cleared or absorbed

Particulate Matter

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Heath Effects of Particle Pollution Particles can cause both respiratory and cardio-vascular health problems,

including: Aggravated asthma Increases in respiratory symptoms like coughing and difficult or painful

breathing Chronic bronchitis Decreased lung function Changes in heart rate and heart rate variability Cardiac arrhythmias Heart attacks Premature death

Types of studies: Epidemiology/Field Controlled human exposure Animal

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Ground-level Ozone is: Ground-level Ozone is: • The primary component of smog The primary component of smog

• Sometimes called “bad ozone” to distinguish it from “good ozone”Sometimes called “bad ozone” to distinguish it from “good ozone”

– Both types of ozone have the same chemical composition (OBoth types of ozone have the same chemical composition (O33))

– ““Good ozone” occurs naturally in the upper portions of the earth’s atmosphere 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 raysand forms a layer that protects life on earth from the sun's harmful rays

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

• Not emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) Not emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) “cook” in the sunand volatile organic compounds (VOCs) “cook” in the sun

– Emissions from industrial facilities, electric utilities, motor vehicle exhaust, Emissions from industrial facilities, electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are the major man-made sources of NOx gasoline vapors, and chemical solvents are the major man-made sources of NOx and VOCsand VOCs

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

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

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• Ozone can penetrate deep into the lungs and can:Ozone can penetrate deep into the lungs and can:– Make it more difficult for people working or playing outside Make it more difficult for people working or playing outside

to breathe as deeply and vigorously as normalto breathe as deeply and vigorously as normal– Irritate the airways, causing: coughing, sore or scratchy Irritate the airways, causing: coughing, sore or scratchy

throat, pain when taking a deep breath, and shortness of throat, pain when taking a deep breath, and shortness of breathbreath

– Increase asthma attacks and use of asthma medicationIncrease asthma attacks and use of asthma medication– Inflame and damage the lining of the lung by injuring the Inflame and damage the lining of the lung by injuring the

cells that line the air spaces in the lung cells that line the air spaces in the lung – Increase susceptibility to respiratory infection Increase susceptibility to respiratory infection – Aggravate chronic lung diseases such as asthma, emphysema Aggravate chronic lung diseases such as asthma, emphysema

and bronchitisand bronchitis

Ozone and HealthOzone and Health

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

Major Contributors to OzoneMajor Contributors to Ozone

Sources of NOx and VOCsMotor VehiclesPower Plants Industrial solvents and paintConsumer & Commercial ProductsFuel Combustion Processes

Sources of NOx and VOCsMotor VehiclesPower Plants Industrial solvents and paintConsumer & Commercial ProductsFuel Combustion Processes

Definition of a Nonattainment AreaDefinition of a Nonattainment Area

Sec. 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.”

Sec. 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.”

Air Quality Planning ProcessAir Quality Planning Process

EPA promulgates designations of areasNonattainmentAttainmentUnclassifiable

Usually by county

EPA promulgates designations of areasNonattainmentAttainmentUnclassifiable

Usually by county

What is a State Implementation Plan (SIP)

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

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

Typical Parts of a SIPTypical Parts of a SIP Monitoring Data

Emissions inventory Point sources (ex.- Cement kilns, industrial facilities) Area sources (ex.- dry cleaners, auto body shops) Mobile sources (ex.- autos, construction equipment) Biogenic sources (trees & plants)

Photochemical modeling

Control strategies

Development of these components generally takes 3-4 years

Monitoring Data

Emissions inventory Point sources (ex.- Cement kilns, industrial facilities) Area sources (ex.- dry cleaners, auto body shops) Mobile sources (ex.- autos, construction equipment) Biogenic sources (trees & plants)

Photochemical modeling

Control strategies

Development of these components generally takes 3-4 years

Implementation Plans in Indian country: Tribal Implementation Plans SIPs do not generally apply in Indian country. TIPs are plans developed and submitted by tribes to

EPA to apply to Indian country where they can demonstrate jurisdiction.

TIPs are similar to SIPs, but can be modular and are not required

Currently there are 3 TIPs approved for Indian country for Gila River, Mohegan and St. Regis Mohawk

Implementation Plans in Indian Country:Federal Implementation Plans

(FIPs) FIPs are plans developed by EPA. FIPs are often developed to address regulatory

gaps in Indian country. FIPs can be replaced by TIPs.

Implementation Plans in Indian Country: Examples of FIPs

FIPs that apply to all Indian country: Prevention of Significant Deterioration (PSD), proposed Tribal New Source Review (NSR) rules

FIPs that apply to specific reservations: FARR (Federal Air Rules for Reservations in Idaho, Oregon, and Washington)

FIPs that apply to specific sources: FIP for FMC facility in the Fort Hall PM10 Nonattainment Area

Other Federal Programs

New Source Performance Standards (NSPS)Clean Air Mercury Rule (CAMR)

Toxic or Hazardous Air Pollutants NESHAP / MACT Set for air toxic stationary sources Air toxics also called hazardous air pollutants

Mobile Source Programs Title V Operating Permits and Construction Permits

AppendicesAppendicesAppendicesAppendices

National Ambient Air Quality StandardsPollutant Primary Stds. Averaging Times Secondary Stds.

9 ppm (10 mg/m3)

8-hour None Carbon Monoxide

35 ppm (40 mg/m3)

1-hour None

Lead 1.5 µg/m3 Quarterly Average Same as Primary

Nitrogen Dioxide 0.053 ppm (100 µg/m3)

Annual (Arithmetic Mean) Same as Primary

Revoked Annual (Arith. Mean) Particulate Matter (PM10) 150 µg/m3 24-hour

15.0 µg/m3 Annual (Arith. Mean) Same as Primary Particulate Matter (PM2.5) 35 µg/m3 24-hour

0.08 ppm 8-hour Same as Primary Ozone

0.12 ppm 1-hour (Applies only in limited areas)

Same as Primary

0.03 ppm Annual (Arith. Mean) -------

0.14 ppm 24-hour -------

Sulfur Oxides

------- 3-hour 0.5 ppm (1300 µg/m3)

What are NA designations … and what factors influence designations?

• Areas (often Consolidated Metropolitan Statistical Areas or smaller/larger) that are experiencing, or are contributing to air quality violations of the NAAQS are “designated” via EPA rulemaking as NONATTAINMENT for the pollutant in question … 40CFR Part 81

• State clean air plans are generally due 3 years after formal designations.

• These plans (or SIPs) must demonstrate how control measures will attain the NAAQS by a future date, generally prescribed in the CAA … the ATTAINMENT DATE

• Areas (often Consolidated Metropolitan Statistical Areas or smaller/larger) that are experiencing, or are contributing to air quality violations of the NAAQS are “designated” via EPA rulemaking as NONATTAINMENT for the pollutant in question … 40CFR Part 81

• State clean air plans are generally due 3 years after formal designations.

• These plans (or SIPs) must demonstrate how control measures will attain the NAAQS by a future date, generally prescribed in the CAA … the ATTAINMENT DATE

Sec. 107(d)(1)(A)(i)Designations

Sec. 107(d)(1)(A)(i)Designations

The State Implementation Plan ProcessSIP Process and Roles

Area designated nonattainment by EPAProvide 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

OfficeState/local agencies start to develop SIPMeet with state SIP development team, join SIP stakeholder

group, get on mailing listState 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