1. EPA Proposed Ground-level Ozone (O 3 ) NAAQS Rich McAllister National Tribal Air Association Policy Advisory Committee Hobbs Straus Dean & Walker

2. 1 Agenda Overview of the Proposed Rule to revise the NAAQS for ground-level ozone (O 3 ) Effects of ozone on Native Americans Actions that can be take n

3. 2 What is Ozone? Ozone (O 3 ) 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 O 3 is the most common photochemical oxidant that creates smog The chemical reactions to create O 3 may occur downwind of the VOC sources

4. 3 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 O 3. The 2008 standards are 75 ppb, and EPA proposed revising both to 65 – 70 ppb, and sought comment on setting standard at 60 ppb

5. 4 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

6. 5 The Health Effects of Ozone O 3 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 O 3 exposure can lead to increased use of medication, school absences, and increases in respiratory-related hospital admissions and emergency room visits

7. 6 Ozone Effects to Public Welfare Multiple studies demonstrate O 3 adversely affects public welfare – injury to vegetation, ecosystems, crop yield Many studies show that O 3 concentrations at levels below current secondary standard cause visible foliar injury to plants, and loss in tree growth and biomass

8. 7 NTAA Comments on EPA Proposal NTAA strongly supports proposal to revise the primary and secondary NAAQS for O 3 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

9. 8 Effects of O 3 on Native Americans and Alaska Natives (NA/AN) Native Americans are disproportionately susceptible to health effects from O 3 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 O 3 Studies also show that NA/AN children suffer from asthma at a significantly higher rate than the general U.S. population

10. 9 Ozone-Sensitive Plants Used By Tribes EPA’s Policy Assessment for the Review of the Ozone NAAQS includes an Appendix listing thirty O 3 sensitive plant species of cultural significance to Tribes O 3 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 O 3 standards to 60 ppb

11. 10 Attainment Status of O 3 EPA lists 53 reservations as in nonattainment for the 2008 O 3 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 O 3 is designated as “unclassifiable/attainment” The revised O 3 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

12. 11 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 O 3 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

13. 12 Next Steps If a Tribe believes that its reservation air quality is being impacted by O 3, 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