Transcript Document

EPA Proposed
Ground-level Ozone (O3)
NAAQS
Rich McAllister
National Tribal Air Association
Policy Advisory Committee
Hobbs Straus Dean & Walker
Agenda
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Overview of the Proposed Rule to revise
the NAAQS for ground-level ozone (O3)
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Effects of ozone on Native Americans
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Actions that can be taken
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What is Ozone?
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Ozone (O3) 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 O3 is the most common
photochemical oxidant that creates smog
The chemical reactions to create O3 may
occur downwind of the VOC sources
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EPA’s Proposed Rule
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Proposal published December 17, 2014,
Comments were due by March 17, 2015
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EPA must complete rulemaking by Oct.1, 2015
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EPA proposed revision of primary standard to
protect public health and secondary standard to
protect public welfare for ground-level O3.
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The 2008 standards are 75 ppb, and EPA
proposed revising both to 65 – 70 ppb, and
sought comment on setting standard at 60 ppb 3
Why Revise
the Ozone Standard?
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Thousands of studies show the current primary and
secondary standards of 75 ppb are inadequate
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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
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The Clean Air Scientific Advisory Committee (CASAC),
recommends revising both standards to 60 ppb
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The Health Effects of Ozone
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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
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Ozone Effects to Public Welfare
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Multiple studies demonstrate O3 adversely
affects public welfare – injury to vegetation,
ecosystems, crop yield
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Many studies show that O3 concentrations at
levels below current secondary standard
cause visible foliar injury to plants, and loss in
tree growth and biomass
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NTAA Comments on
EPA Proposal
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NTAA strongly supports proposal to revise the
primary and secondary NAAQS for O3
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Significant effects at <75 ppb
NTAA recommends that EPA give serious
consideration to setting the standard at 60 ppb
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This lower level is necessary to protect human
health
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Describes the disproportionate effect on Native
Americans
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Effects of O3 on Native Americans and
Alaska Natives (NA/AN)
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Native Americans are disproportionately
susceptible to health effects from O3
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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 O3
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Studies also show that NA/AN children suffer
from asthma at a significantly higher rate than
the general U.S. population
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Ozone-Sensitive Plants
Used By Tribes
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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
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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
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EPA’s Policy Assessment recommends revising the
primary and secondary O3 standards to 60 ppb
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Attainment Status of O3
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EPA lists 53 reservations as in nonattainment for the 2008
O3 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 O3 is designated as “unclassifiable/attainment”
The revised O3 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
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What Can a Tribe Do?
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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,
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Apply for a CAA Sec. 103 grant to fund a O3 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
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Next Steps
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If a Tribe believes that its 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 should provide training to the
Regions & Tribes on designating Indian Country &
preparing implementation plans
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