Clark County Ozone February 10, 2004

1. Clark County Ozone February 10, 2004

2. 8-Hour Ozone National Ambient Air Quality Standard Background • 1997 NAAQS for ground-level ozone set at an 8-hour average of 0.08 ppm. • Various industry groups and States challenged the 8-hour ozone NAAQS in the DC Circuit Court. • May 1999, the Appeals Court remanded the 8-hour ozone NAAQS to the DC Circuit Court.

3. 8-Hour Ozone National Ambient Air Quality Standard • February 2001, the Supreme Court held that EPA’s action in setting the NAAQS was not an unconstitutional delegation of authority. • March 2002, the DC Circuit Court rejected all remaining challenges to the 8-hour ozone standard, paving the way for EPA to begin implementing requirements.

4. 8-Hour Ozone National Ambient Air Quality Standard • June 2, 2002, EPA issued a proposed rule creating a “roadmap” for areas to attain the new standard. • By consent decree EPA is required to designate attainment and nonattainment areas by April 15, 2004.

5. 8-Hour Ozone National Ambient Air Quality Standard The rule addresses the following: • Classification of Areas • Attainment Deadlines • Transition from 1-hour to 8-hour NAAQS • Mandatory Control Measures • Consequences of Failure To Attain Standard • Interstate Transport of Ozone • Modeling and Attainment Demonstration • Reasonable Further Progress Reporting • Reasonably Available Control Measure/Technology (RACM/RACT) • Conformity (Transportation) • New Source Review

6. 8-Hour Ozone National Ambient Air Quality Standard Classification of Areas(based on the severity of exceedance): • Marginal • Moderate • Serious • Severe • Extreme • Determines the minimum control measures included in a SIP and the maximum time period allowed to meet the standard.

7. 8-Hour Ozone National Ambient Air Quality Standard Attainment Deadlines (from date of designation): • Marginal - 3 years • Moderate - 6 years • Serious - 9 years • Severe - 15 years • Extreme - 17 years (For areas classified under subpart 1, up to 5 years after designation; may extend up to 10 years based on specified considerations.)

8. Clark County’s Ozone Attainment Status • In a letter dated June 27, 2003, based on 2000-2002 ozone air quality data, Clark County submitted a recommendation to NDEP to designate Clark County as Attainment/Unclassifiable for the 8-hour Ozone NAAQS. • July 10, 2003, NDEP forwarded a letter of recommendation to EPA. • December 3, 2003, EPA wrote a letter concurring with NDEP and the County’s recommendations.

9. Clark County’s Ozone Attainment Status • EPA tracking 2003 ozone monitoring data and impact on the 2001-2003 attainment determination. • EPA has requested NDEP submit the 2003 ozone monitoring data as soon as possible. • DAQM performing QA/QC on 2003 data for submission in May 2004

10. Clark County’s Ozone Attainment Status Preliminary data indicates: • 1 sites’ 2001-2003 average is 0.086 ppm • If the average remains the same after QA/QC is complete, DAQM will notify NDEP that a value has been measured above the NAAQS

11. Potential SIP Timeline • EPA designates Clark County late 2004 or early 2005 • Within 3 years after designation, Clark County submits a SIP for the new 8-hour NAAQS (2007-2008) • SIP approval federally mandated within 18 months after submission (2009-2010) • Clark County must attain standard within 3 years after designation (2007-2008)

12. Clark County’s Implementation Status Clark County is proactively addressing SIP needs by: • Conducting emission inventories of Ozone precursors • Evaluating impacts of Ozone sources • Evaluating potential control measures

13. Clark County’s Implementation Status Currently Clark County is proceeding with six studies: • Ozone characterization study • Nonroad engine inventory • Volatile Organic Compounds emitted from the use of consumer products • Biogenic emissions inventory • Mobile source impact study • Sodar to study ozone transport issues

14. Evaluation of Potential Control Measures • Identify control measures successfully implemented in other regions. • Estimate potential emission reductions of each control measure. • Estimate cost effectiveness of each control measure. • Select and implement control measures based on quantity of emission reductions, cost effectiveness, and results of modeling.

15. Potential Ozone Control Measures Used By Other Nonattainment Areas I/M Programs Enhanced I/M Program Remote Sensing I/M -- On-Road Gasoline Vehicles Remote Sensing I/M -- On-Road Diesel Vehicles Roadside Smoke Testing for Diesel Trucks Vehicle Repair, Retrofit or Retirement Assistance Program Gas Cap Replacement Assistance Program

16. Potential Ozone Control Measures Used By Other Nonattainment Areas Recreational Marine Equipment Programs Recreational Marine Idling Restrictions Recreational Marine Equipment Use Restrictions Outboard Motor Program "Cash for Clunkers" Low NOx Fuel for Recreational Marine Equipment Construction Equipment Programs Construction Equipment Use Restrictions Construction Retrofits Ozone Season Construction Idling Restrictions Low-NOx Fuel for Construction Equipment

17. Potential Ozone Control Measures Used By Other Nonattainment Areas Lawn & Garden Equipment Programs Lawn & Garden Program" Cash for Clunkers" Lawn & Garden Equipment Use Restrictions Low NOx Fuel for Lawn & Garden Equipment Portable Fuel Container Requirements "Cash for Clunkers" Gas Can Program Agricultural Programs Agricultural Equipment Use Restrictions Pesticide Application Restrictions Low NOx Fuel for Agricultural Equipment

18. Potential Ozone Control Measures Used By Other Nonattainment Areas Diesel Vehicle Initiatives Control Locomotive Idling Truck Stop Electrification Low-NOx On-Road Diesel Fuel in Ozone Season Diesel Retrofits -- School Buses Diesel Retrofits -- Commercial Vehicles Diesel Retrofits -- State & Local Diesel Vehicles Diesel Retrofits Commercial Vehicles -- Tax Break for Retrofitting

19. Potential Ozone Control Measures Used By Other Nonattainment Areas Electric Generating Units (EGU) Reductions from Local Power Plants - Negotiate with power plants to reduce emissions Reductions from Local Power Plants -- Allowance Purchase Consumer Product Controls Consumer Products - Require reformulation of 80 types of consumer products (e.g. non-stick cooking spray, air freshener, anti-perspirant, windshield washer fluid)

20. Potential Ozone Control Measures Used By Other Nonattainment Areas Parking Initiatives Employer Parking Cash-Out Commuter Parking Tax -- On Employees Commuter Parking Tax -- On Employers Providing Subsidized Parking Commuter Parking Tax -- On Employers With No Transit Benefits Market Based Parking Charge at Federal Facilities -- MOU Parking Impact Fee

21. Potential Ozone Control Measures Used By Other Nonattainment Areas Employer Programs Telework Program -Telecommuting centers, including marketing activity, consultant support, commuter and employer information and assistance Proximity Commute -Encourage employees of the same firm to swap jobs, permitting each to work at a location closer to home Mandatory Employee Trip Reduction Plan Airport Issues Aircraft Gate Idling Restrictions Airport Ground Service Equipment Airport Emissions Cap Points for Low Emissions in Airport Contract Bids

22. Potential Ozone Control Measures Used By Other Nonattainment Areas Enforcement Programs Enhanced Enforcement of Area Source Regs -- Open Burning (Agricultural) Enforce On-Road Idling Restrictions Fuels Programs Reformulated summertime gasoline—All gasoline powered engines Cetane-Enhancing Diesel Additive -- Highway Engines Cetane-Enhancing Diesel Additive -- Nonroad Engines Cetane-Enhancing Diesel Additive -- Local School Buses

23. Potential Ozone Control Measures Used By Other Nonattainment Areas Tax Incentives VMT-Based Car Tax -- Private Vehicles Only VMT-Based Car Tax -- Private and Commercial Vehicles Graduated Car Tax -- Higher Tax for Additional Vehicles Graduated Car Tax -- Higher Tax for Vehicles with Low Fuel Efficiency Graduated Car Tax -- No Tax on Alternative Fueled Vehicles Rebate for Purchase of Hybrid or Fuel Efficient Vehicles -- Voluntary Citizen or Corporate Participation Gas Tax Increase -- On-Road Gasoline Only Gas Tax Increase-- On-Road and Off-Road Gasoline Gas Tax Increase -- On-Road Gasoline and Diesel Gas Tax Increase -- On-Road and Off-Road Gasoline and Diesel

24. Potential Ozone Control Measures Used By Other Nonattainment Areas Clean Fuel Vehicle Initiatives Clean Fuel Vehicles -- State & Local Vehicles Clean Fuel Vehicles -- Commercial Taxi and Transit Fleets Purchase hybrid vehicles for state and local fleets Architectural, Automotive & Industrial Maintenance Coatings Architectural & Industrial Maintenance Coatings Mobile Equipment Repair & Refinishing Solvent Cleaning

25. Potential Ozone Control Measures Used By Other Nonattainment Areas Stationary Source Controls Stage II vapor recovery for Gasoline Dispensing Facilities Additional NOx Controls Expand VOC RACT Controls Low NOx Fuel Oil for Stationary Sources VOC Cap and Trade for Stationary Sources Public Works Programs Traffic Signal Optimization High Occupancy Vehicle (HOV) lanes Value Pricing (HOT lanes)

26. Potential Ozone Control Measures Used By Other Nonattainment Areas Outreach Programs Ozone Awareness Programs - for schools, drivers training and other educational venues Clean Air Partners Program Commuter Operations Center Guaranteed Ride Home Integrated Rideshare Urban Planning Initiatives Urban Reforestation/Rooftop Gardens Smart Growth/Infill Development