Transcript Ozone_ShortVersion_McAllister

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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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
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EPA’s Proposed Rule
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Proposal published December 17, 2014,
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EPA must complete rulemaking by Oct.1, 2015
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The 2008 primary NAAQS standard to protect
public health and secondary standard to protect
public welfare are both 75 ppb .
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EPA proposed revising to 65 – 70 ppb, and
sought comment on setting standard at 60 ppb
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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) requires primary
NAAQS at a level necessary to protect public health
with an adequate margin of safety, and secondary
NAAQS 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
concentrations at levels below current
secondary standard adversely affects
public welfare
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Injury to vegetation, to forests by loss in
tree growth and biomass, to ecosystems,
and lower crop yield
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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
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This lower level is necessary to protect
human health and public welfare
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Describes the disproportionate effects on
Native Americans and Alaska Natives
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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
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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 (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
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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 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
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Next Steps
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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
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