Polsinelli PC. In California, Polsinelli LLP Don’t Blame Your Local Regulators January 14, 2014 Amanda A. Reeve Policy Analyst

real challenges. real answers. sm Don’t Blame Your Local Regulators Why not blame our local regulators for the air regulations imposed upon us?  Adhering to Federal and State laws, rules and court orders.  First and last line of defense to Federal intrusion.

real challenges. real answers. sm Everything Runs Downhill

real challenges. real answers. sm Thank You, Congress! Source: Congressional Research Services, Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, December 20, Pre-1955: State & Local Governments exclusively responsible for air pollution 1955: First Federal legislation addressing air pollution passed by Congress

real challenges. real answers. sm All the Rage in the 70’s  December 2, 1970 –President Richard Nixon and Congress authorized the creation of the Environmental Protection Agency (EPA)  Clean Air Act of 1970 –Established procedures under which the EPA sets the National Ambient Air Quality Standards (NAAQS)  April 30, 1971 –The first NAAQS are established –36 Federal Register (FR) 8186

real challenges. real answers. sm A Major Milestone In Air Regulations  CAA Amendments of 1990 (S. 1630) –President George H.W. Bush’s initiative –October 26, Passed the U.S. Senate: –October 27, Passed the U.S. House: –November 15, 1990 – Signed into law In its innovative approaches to pollution control, in the extent to which its implementation envisions an unprecedented degree of cooperation between government and the private sector, and in its promise of a renewed national commitment to environmental protection, the new law is a major milestone in the evolution of environmental protection in the United States. ~EPA Administrator William K. Reilly ( ) Source: EPA Journal January/February 1991 (

real challenges. real answers. sm Clean Air Act Amendments of 1990  Required EPA to redesignate areas not attaining NAAQSas Moderate Nonattainment  Requires EPA to impose sanctions in areas fail to submit a SIP or an adequate SIP or fail to implement a SIP –2:1 emission offset for a construction of new polluting sources –Ban on federal highway grants –Suspension of federal highway funding  Requires a state-run permit program for the operations of major sources  Strengthens EPA’s enforcement provisions  Authorizes EPA the ability to assess administrative penalties

real challenges. real answers. sm Particulate Matter (PM) NAAQS Overview  April 30, 1971 (36 FR 8186) –Established PM, referred to as Total Suspended Particulate (TSP), which included all particles of 30 µm –Established Primary and Secondary 24-Hour Standards & a Primary Annual Standard  July 1, 1987 (52 FR 24634) –TSP replaced by PM 10 –Established Primary and Secondary 24-Hour and Annual Standards  July 18, 1997 (62 FR 38652) –Retained the 1987 PM 10 standards –Established PM 2.5 Primary and Secondary 24-Hour and Annual Standards  October 17, 2006 (71 FR 61144) –Retained the 1987 PM 10 Primary and Secondary 24-Hour Standards –Revoked the PM 10 Primary and Secondary Annual Standards –Lowered the PM 2.5 Primary and Secondary 24-Hour Standards –Retains the 1997 PM 2.5 Primary and Secondary Annual Standards  January 15, 2013 (78 FR 3086) –Retained the 1987 PM 10 Primary and Secondary 24-Hour Standards –Retained the 2006 PM 2.5 Primary and Secondary 24-Hour Standards –Lowered PM 2.5 Primary Annual Standard –Retained the 2006 PM 2.5 Secondary Annual Standard

real challenges. real answers. sm Historical Review of Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS) Sources: 36 FR8186, April 30, FR24634, July 1, FR38652, July 18, FR61144, October 17, FR3086, January 15, 2013

real challenges. real answers. sm Pinal County Current Air Quality Status  1997 Annual PM 2.5 NAAQS(15 µg/m 3 )  Hour PM 2.5 NAAQS (35 µg/m 3 )  2012 Annual PM 2.5 NAAQS (12 µg/m 3 )  Hour PM 10 NAAQS (150 µg/m 3 )

real challenges. real answers. sm Pinal County Status 1997 Annual PM 2.5 NAAQS (15 µg/m 3 ) Designated: Unclassifiable/Attainment February 3, 2011 (76 FR 6056)

real challenges. real answers. sm Pinal County Status Hour PM 2.5 NAAQS (35 µg/m 3 ) West Central Pinal County Designated: Nonattainment based upon air data February 3, 2011 (76 FR 6056) West Central Pinal County Designated: Attainment based upon air data September 4, 2013 (78 FR 54394)

real challenges. real answers. sm Pinal County Status 2012 Annual PM 2.5 NAAQS (12 µg/m 3 ) Source: April 16, 2003 EPA Memorandum re: Initial Area Designations for the 2012 Revised Primary Annual Fine Particle NAAQS

real challenges. real answers. sm Pinal County Status 2012 Annual PM 2.5 NAAQS (12 µg/m 3 ) State Submitted Recommendation – Pinal County: Attainment / Unclassifiable based upon air data December 10, 2013 Letter to EPA, Region IX Source: August 14, 2014: EPA to notify States of intentions regarding designations

real challenges. real answers. sm Pinal County Status Hour PM 10 NAAQS (150 µg/m 3 ) Source: West Pinal County Designation: Nonattainment based upon air data May 31, 2012 (77 FR )

real challenges. real answers. sm How To Move Forward: Addressing Pinal County Air Quality Issues  Support of State and Federal Legislation  Participate in policy development  Work with local regulators  Keep informed and educate others

real challenges. real answers. sm Legislative Passage & Agency Implementation of Dust Forecast Notification System

real challenges. real answers. sm The Commonsense Legislative Exceptional Events Reform (CLEER) Act

real challenges. real answers. sm Participate in Policy Development 2012: U.S. Representative Jeff Flake holds a Stakeholder meeting to discuss Exceptional Events & legislation. September 6, 2013: U.S. Senator Flake holds a stakeholder meeting to discuss update on Exceptional Events & legislation. Nov. 20, 2013: Senator Flake arranged for a telephone conference between the EPA HQ & key Arizona stakeholders.

real challenges. real answers. sm Participate in Policy Development Dust Action General Permit Developed through the Stakeholder Process during the summer of Executed by Director E. C. Massey, ADEQ Air Quality Division, December 30, 2011

real challenges. real answers. sm Participate in Policy Development

real challenges. real answers. sm Work WITH Your Local Regulators

real challenges. real answers. sm Work WITH Your Local Regulators

real challenges. real answers. sm Keep Informed... Visit: azdeq.gov/subscribe.html Visit: pinalcountyaz.gov

real challenges. real answers. sm...& Educate Others

real challenges. real answers. sm Amanda A. Reeve Policy Analyst - Polsinelli  12 Years of experience with Environmental and Natural Resources Issues.  Served as a State Representative and as the Chair of the House Environment Committee in the Arizona House of Representatives.  Assists the State and local agencies with the development of air policy and addressing Arizona’s air quality concerns.  2013 graduate of Arizona State University’s Environmental Management graduate program.

real challenges. real answers. sm Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship. Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements. © 2013 Polsinelli PC. In California, Polsinelli LLP. Polsinelli is a registered mark of Polsinelli PC