1. Ground-level Ozone (O3)
EPA Proposed
Ground-level Ozone (O3)
NAAQS
Rich McAllister
National Tribal Air Association
Policy Advisory Committee
Hobbs Straus Dean & Walker

2. 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

3. What is Ozone?
Photochemical oxidant produced by reactions between NOx and a wide variety of VOCs, e.g. motor vehicle exhaust, oil refining, printing, petrochemicals, aviation, etc.
Ground-level O3 creates smog
The chemical reactions to create O3 may occur downwind of the VOC sources

4. EPA’s Proposed Rule Proposal published December 17, 2014,
EPA must complete rulemaking by Oct.1, 2015
The 2008 primary NAAQS standard to protect public health and secondary standard to protect public welfare are both 75 ppb .
EPA proposed revising to 65 – 70 ppb, and sought comment on setting standard at 60 ppb

5. 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) requires primary NAAQS at a level necessary to protect public health with an adequate margin of safety, and secondary NAAQS to protect public welfare
The Clean Air Scientific Advisory Committee (CASAC), recommends revising both standards to 60 ppb

6. 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

7. Ozone Effects to Public Welfare
Multiple studies demonstrate O3 concentrations at levels below current secondary standard adversely affects public welfare
Injury to vegetation, to forests by loss in tree growth and biomass, to ecosystems, and lower crop yield

8. NTAA Comments on EPA Proposal
NTAA strongly supports proposal to revise the primary and secondary NAAQS for O3
NTAA recommends that EPA give serious consideration to 60 ppb standard at
This lower level is necessary to protect human health and public welfare
Describes the disproportionate effects on Native Americans and Alaska Natives

9. 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
Studies also show that NA/AN children suffer from asthma at a significantly higher rate than the general U.S. population

10. Ozone-Sensitive Plants Used 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

11. Attainment Status of O3
EPA lists 53 reservations as in nonattainment (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”
The revised O3 is 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. 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 EPA grants to fund a O3 monitoring program, or request that EPA monitor the tribal lands
Seek Treatment as a State (TAS) under the CAA for:
Sec. 105 grants to establish an air quality program;
Sec. 107 authority to recommend area designations;
Sec. 110 authority to establish a TIP
Sec. 126 receive notice of proposed new or modified sources outside reservation that may degrade air quality

13. Next Steps
If 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 provide training to the Regions & Tribes on designating Indian Country and preparing implementation plans