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How States/Counties Develop and Implement Air Programs and Why it Matters to Tribes

How States/Counties Develop and Implement Air Programs and Why it Matters to Tribes. Steve Calderon, State Implementation Plan Section Manager, Arizona Dept. of Environmental Quality

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How States/Counties Develop and Implement Air Programs and Why it Matters to Tribes

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  1. How States/Counties Develop and Implement Air Programsand Why it Matters to Tribes Steve Calderon, State Implementation Plan Section Manager, Arizona Dept. of Environmental Quality Corky Martinkovic, Planning & Assessment Division Manager, Maricopa County Air Quality Department, Phoenix, Arizona Tribal Participation in the SIP Process ~ Dec. 4-7, 2012 ~ Flagstaff, AZ

  2. Topics for this Session • What is a SIP? • Why Tribal and Public Input are Important • The SIP Process and Opportunities for Input • Process and Policy Issues • Summary, Conclusions, Questions

  3. A SIP is not a rule But it can have rules in it A SIP is not a permit But it can have permit conditions in it A SIP is not a contract But it is a promise What a SIP is not…

  4. A SIP is a story • It tells • Where you are • What is good and what is bad • How to make the bad good again • Who will make things good • How they will make things good • Why this is a good thing

  5. What is in a SIP? • State and local rules & statutes • Site-specific permits and administrative orders • State programs, MOUs, MOAs, local ordinances • Multiple amendments to all of the above • Difficult to keep track of SIP’s status

  6. Elements of a SIP • Authority and resources • Air quality monitoring • Emission inventories • Attainment/maintenance and progress demonstrations • Control strategies • Conformity provisions

  7. Authority and Resources • States must demonstrate legal authority & resources to implement SIP • If state lacks legal authority, federal government is responsible for SIP implementation • Under the TAR and TAS, tribes can develop a plan or TIP for tribal land

  8. Non-attainment SIP Development Steps • Define scope of problem – tell the story • Monitoring • Modeling • Identify contributing sources • Emissions inventory • Modeling • Develop attainment strategy • Modeling, negotiations, modeling, negotiations, more modeling and negotiations • Adopt new rules • Modify permits

  9. Air Quality Monitoring • Shows • How and where air quality is being monitored • Which monitors in state have violated NAAQS • How long monitors have been in place

  10. Emission Inventories • How much pollution is emitted by what sources, when, where? • Base year • Forecasts • Motor vehicle emissions budgets • Specific inventories for areas that have violated NAAQS

  11. Attainment/Maintenance and Progress Demonstrations • Attainment demonstrations use air quality simulation modeling and emissions forecasts • Maintenance demonstrations use air quality data and emissions forecasts • Progress demonstrations use emissions forecasts

  12. Control Strategies • Rules & regulations • Mobile-source controls • Innovative measures • Contingency measures

  13. Rules & Regulations • Permitting programs (NSR, PSD, Title V) • Industry-specific control rules • Other rules, such as Smoke Management • Unique programs, such as Agricultural Best Management Practices – backed by rules

  14. Mobile Source Controls • EPA sets new vehicle standards nationwide • Except California • Fuels requirements • Vehicle inspection/maintenance programs • Transportation control measures • Ride-sharing • Transit • Bicycle facilities, etc.

  15. Contingency Measures • Additional control measures to implement if progress milestones are not met • Triggers – a level below the NAAQS that acts as a warning

  16. What is conformity and how does it relate to SIPs? • Federally approved or funded projects must “conform” to SIP requirements for NA and maintenance areas • Transportation Conformity • EPA, DOT, and regional, state and local agencies integrate air quality and transportation planning development process • General Conformity • Other federally approved or funded projects such as airport construction, military base expansions, Corps of Engineers permits, BLM/Forest Service land leasing activities, other

  17. Public and Tribal Input:Why should a tribe care about SIPs? • Wide variety in nature, complexity of SIP actions. Can incorporate major policy judgments of state agency • Limited opportunity to participate once the state-level process is complete • Helps agency make balanced decisions • Ensures tribe’s voice is heard in decision- making

  18. Tribes In Arizona

  19. Why should a tribe care about SIPs (cont.) • Air pollution is regional, transported into Indian communities • To better protect health of citizens • To not be disadvantaged by area planning efforts • To remain competitive and enhance opportunities for economic growth

  20. Why would a tribe care about SIPs? (cont.) • SIPs outline how sources located adjacent to Indian country will be regulated • SIPs outline how states plan to address local non-attainment problems • Future SIPs will outline how a state plans to address regional and transported pollution

  21. The SIP Process – Public Input Opportunity SIP Process and Roles Opportunities for Input State Governor submits designation request to EPA Learn about the SIP process in your state, gather source data, make initial contact with your state and Regional Office Area designated nonattainment by EPA State starts 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 initial 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 Attend and speak at public hearing, submit written comment State officially submits SIP to EPA Regional Office EPA performs completeness review Work with Regional Office to review and provide input EPA prepares proposed notice EPA comment period on proposed rulemaking Attend and speak at public hearing, submit written comment EPA publishes final action responding to public comment Work with EPA and state to ensure controls are in place and working SIP is now federally enforceable

  22. Public Participation Opportunities • Early participation encouraged • Participation at plan development stage has greatest positive impact • Limit on changes that can be made after public notice; Responsiveness Summary • Significant change requires re-notice

  23. Public Notification Process • New rule, plan or permit, or amendment to existing part of SIP developed • Public notice in major newspaper for affected area • Draft documents available at least 30 days for public comment • Public meeting held, at least 30 days after notice to public

  24. Types of SIP Actions • Initial SIPs – new plans; CAA 110 plans • Attainment redesignation • Approve new state rules • Amend emission limit at a particular source • Amend monitoring requirement at SIP source • Process is the same – difference is complexity of plan development and supporting documents

  25. Other Factors • Title V permit program: more consistent testing, monitoring, reporting, record-keeping • State permit program: site-specific permits comparable to Title V • NSPS: more stringent limits for new sources • MACT: impact of air toxics regulation • Voluntary efforts (incentive funding programs)

  26. Voluntary Efforts • Prospect of Nonattainment can spur voluntary reductions • Nonattainment is expensive - restricts economic growth and flexibility • State subject to sanctions if targets not met – limits on offset allowances or loss of highway funds • Impacts of nonattainment designation are unpredictable – subject to state policy determinations

  27. Issue: long range transport • As NAAQS get more stringent over time, state control over ambient air quality issues is reduced • Increasing need for multi-state cooperative efforts

  28. Other Process and Policy Issues • Difficult to track SIP contents • Significant lag time between changes in state rules and incorporation of new rule in SIP • EPA may take a year or longer to approve SIP submittal • Old rules enforceable by EPA and citizens until SIP amended (published approval by EPA) even if it no longer exists in state

  29. Summary / Conclusions • SIP process generally an effective mechanism for states to implement federal regulations • Becoming increasingly complex – ozone, PM2.5 formed by precursor emissions that travel significant distances • Increasing need for national coordination and interstate cooperation

  30. Contact Information Corky Martinkovic, Planning & Assessment Division Maricopa County Air Quality Department 1001 North Central Avenue, Suite 125 Phoenix, AZ 85004 602-506-6010 (main); Email… http://www.maricopa.gov/aq/ Steve Calderon, State Implementation Plan Section AZ Dept. of Environmental Quality, Air Quality Division 1110 West Washington Street Phoenix, AZ 85007 602-771-2352; calderon.steve@azdeq.gov http://www.azdeq.gov/environ/air/index.html

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