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Ozone Regulation under the Clean Air Act

Ozone Regulation under the Clean Air Act. Darcy J. Anderson AZ Dept. of Environmental Quality. Presentation Outline. 8-Hour Ozone Standard – Background / Timeline 8-Hour Ozone Standard – Designation Process Arizona Designation Process – Examples

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Ozone Regulation under the Clean Air Act

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  1. Ozone Regulation under the Clean Air Act Darcy J. Anderson AZ Dept. of Environmental Quality

  2. Presentation Outline • 8-Hour Ozone Standard – Background / Timeline • 8-Hour Ozone Standard – Designation Process • Arizona Designation Process – Examples • Potential Impacts of 8-Hour Ozone Designations on Tribes • Next Steps in 8-Hour Ozone Process

  3. NAAQS for Ozone • 1-hr standard 0.12 ppm (parts per million) • 8-hr standard0.08 ppm

  4. The 8-Hr Rolling Average • Average of 8 consecutive hours • EPA ozone standard requires that 4th highest 8-hr average be ≤ 0.084ppm • Actual standard is 0.080ppm, but anything ≤ 0.084 is truncated to 0.080 • Small-group activity on this today at 1:45

  5. 8-Hour Ozone Standard – Background / Timeline • July 1997: EPA issued revised 8-hour health-based standard for ozone. • Studies show that long-term, low exposure to ozone as harmful to human health as short-term, high exposure. • New standard more protective for longer exposure

  6. 8-Hour Ozone Standard – Background / Timeline • 2000: EPA issues guidance documents • February 2001: • U.S. Supreme Court upheld 8-hour ozone standard • Directed EPA to develop implementation approach

  7. Comparison of Ozone Standards *Because of rounding convention, 0.085 ppm considered level of violation

  8. 8-Hour Ozone Standard - Designation Process • November 2002: lawsuit settlement • EPA & environmental groups agree on schedule for EPA to promulgate 8-hour ozone designations

  9. 8-Hour Ozone Standard - Designation Process (cont.) • February 27, 2003: EPA memorandum on 8-hour ozone designations • Extended deadline for states to submit recommendations for designating areas • New deadline July 15, 2003

  10. 8-Hour Ozone Standard - Designation Process (cont.) • June 2003: EPA proposes rule for implementing 8-hour NAAQS • Final rule for implementing 8-hour NAAQS expected early 2004

  11. 8-Hour Ozone Standard - Designation Process (cont.) • July 15, 2003: State recommendations for area designations submitted to EPA • Tribes could also submit recommendations by this date • Options • Attainment / unclassifiable • Nonattainment

  12. 8-Hour Ozone Standard - Designation Process(cont.) • July 2003: Governor’s recommendation for AZ submitted to EPA • Recommended all areas of state attainment / unclassifiable for 8-hour standard except Phoenix metro area • No state jurisdiction / recommendation for Indian reservations • Some Arizona tribes submitted their recommendations

  13. Arizona Designation Process: Examples • Monitoring data – exceedances, violations • Location of emission sources • Meteorology, geography, and jurisdictional boundaries • Population • Traffic and commuting patterns

  14. Potential Impacts of 8-Hour Ozone Designations on Tribes • Boundary / background / transport • Tribes can provide valuable ozone data for urban nonattainment areas • Tribes can conduct additional ozone and NOx monitoring to assist with model verification • Public information / outreach (API) • Ozone mapping – AIRNOW

  15. Next Steps in 8-Hour Ozone Process • February 6, 2004: Revised nonattainment area recommendations due to EPA • EPA looking at 2003 ozone monitoring data to determine effect on recommended area designations • Designations and classifications published in FR by April 30, 2004

  16. Next Steps: Ozone Implementation Plan • June 2, 2003 – EPA proposed rule to implement 8-hour NAAQS • Option 1: All areas under Subpart 2 • Option 2: Separate areas based on whether they meet the 1-hour standard • Regulate areas meeting the 1-hour standard under Subpart 1 • Regulate areas exceeding the 1-hour standard under Subpart 2 • Subpart 1 - more flexible, minimal mandated controls • Subpart 2 - proscriptive (attainment dates based on classification [marginal, moderate, serious, etc]

  17. Next Steps: Ozone Implementation Plan (cont.) • Anticipate implementation of new standard for Phoenix area either under subpart 1 or marginal under subpart 2 • Subpart 1 option - Attainment demonstration due 2007; attainment required 2009 • Subpart 2 option – Attainment required 2007 • New control measures may be necessary to meet proposed attainment date

  18. Next Steps in 8-Hour OzoneProcess: NOx Waiver • What is a NOx waiver? • Draft rule proposes NOx waiver under CAA Section 182(f) apply to any area designated nonattainment for 8-hour standard • Requires new analysis to obtain waiver under 8-hour guidance

  19. NOx Waiver (cont.) • NSR & RACT requirements for major stationary VOC sources also apply to major NOx sources • Unless NOx waiver provision implemented

  20. For More Detail • Refer to full text outline in manual • Outline follows PowerPoint slide pages

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