Federal Air Quality Programs and Clean air Act 101 Darrel Harmon, OAR National Tribal Forum June 14-16, 2011 Northern Quest Casino Spokane, WA

TopicsTopics  Clean Air Act 101  How are Clean Air Act Programs Implemented?  National Ambient Air Quality Standards What are the NAAQS? Why are they important  Designation Process  SIPs, TIPs, and FIPs  Other Federal Programs  Clean Air Act 101  How are Clean Air Act Programs Implemented?  National Ambient Air Quality Standards What are the NAAQS? Why are they important  Designation Process  SIPs, TIPs, and FIPs  Other 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 Enforcement Evaluate Air Quality Emissions Inventory Data Ambient Air Monitoring Data Choose Control Strategies -Voluntary programs -Some strategies may be regulatory Determine Necessary Emissions Reductions Modeling Set Air Quality Goals

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  These are known as “criteria pollutants”  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  These are known as “criteria pollutants”

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 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)

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

10 Larger particles (> PM 10 ) deposit in the upper respiratory tractLarger particles (> PM 10 ) deposit in the upper respiratory tract Smaller, inhalable particles (≤ PM 10 ) penetrate deep into the lungsSmaller, inhalable particles (≤ PM 10 ) penetrate deep into the lungs Both coarse PM and fine PM 2.5 can penetrate to lower lungBoth coarse PM and fine PM 2.5 can penetrate to lower lung Deposited particles may accumulate, react, be cleared or absorbedDeposited particles may accumulate, react, be cleared or absorbed Particulate Matter

11 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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13 Ground-level Ozone is: The primary component of smogThe 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 (O 3 ) –“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” at ground level is harmful to breathe Not emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) “cook” in the sunNot emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) and volatile organic compounds (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 formationMainly 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 ozoneOzone 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

14 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 to breathe as deeply and vigorously as normal –Irritate the airways, causing: coughing, sore or scratchy throat, pain when taking a deep breath, and shortness of breath –Increase asthma attacks and use of asthma medication –Inflame and damage the lining of the lung by injuring the cells that line the air spaces in the lung –Increase susceptibility to respiratory infection –Aggravate chronic lung diseases such as asthma, emphysema and bronchitis Ozone and Health Repeated exposure may cause permanent changes in the lung, leading to long-term health effects and a lower quality of lifeRepeated 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  Industrial solvents and paint  Consumer & Commercial Products  Fuel Combustion Processes  Sources of NOx and VOCs  Motor Vehicles  Power Plants  Industrial solvents and paint  Consumer & Commercial Products  Fuel Combustion Processes

Definition 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 Process  EPA promulgates designations of areas  Nonattainment  Attainment  Unclassifiable  Usually by county  EPA promulgates designations of areas  Nonattainment  Attainment  Unclassifiable  Usually by county

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 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

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National Ambient Air Quality Standards

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 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