Exceptional Events

1. Exceptional Events Larry Biland USEPA Region 9

3. Past Policies • 1986 Exceptional Event Policy • 1990 Clean Air Act Amendments • Waivers for nonanthropogenic PM10 sources • 1996 PM-10 Natural Events Policy

4. Exceptional Events Policy • Provided procedures for flagging data believed to be affected by exceptional events • Provided information about types of events that could be considered “exceptional” • Provided that exclusions of data is only permitted if, through public review, the State and EPA determine that the data are inapprorpriate for use

5. PM-10 Natural Events Policy -1996 • Concept of mitigation plans (NEAPs) was first instituted under this policy • Development of NEAPs was a condition for EPA to allow States to exclude data affected by natural events • Natural Events were defined as high wind events, volcanic and seismic activity, wildland fires (unwanted fires)

6. What We Learned from Implementation of Past Policies • Exceptional & Natural events can affect public health – need immediate action • States & EPA need more timely resolution of issues related to data affected by these events • Adequate demonstrations by States are crucial for good decisions by EPA regarding exclusion of data • A consistent process must be implemented for flagging and excluding data that is understood and accepted by the public and involved agencies.

7. New Legislation • President signed on August 10, 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) • Amends Clean Air Act Section 319 to define exceptional events and require EPA to issue regulations

8. What Does SAFETEA-LU Do? • Directs EPA to combine past policies on natural and exceptional events in one rule • Calls for EPA to propose a rule on exceptional events by March 1, 2006 and to promulgate the final rule no later than 1 year after the proposal • Establishes a definition of exceptional events and principles to be reflected in EPA’s rule • Provides for interim implementation of existing policies

9. SAFETEA-LU Definition of Exeptional Events • Affects air quality • Is not reasonably controllable or preventable • Is caused by human activity unlikely to recur at a particular location or is a natural event • Is determined by EPA to be an exceptional event

10. SAFETEA-LU Exclusions • Stagnation of air masses or meteorological inversions • Meteorological event involving high temperatures or lack of precipitation • Air pollution relating to source noncompliance

11. SAFETEA-LU Principles • Protection of public health is the highest priority • Timely information should be provided to the public when air quality is unhealthy • Air quality data should be timely entered in a Federal database accessible to the public • States must take necessary measures to safeguard public health regardless of the source of air pollution • Air quality data and analyses must ensure that events not likely to recur are represented accurately

12. SAFETEA-LU Requirements • The occurrence of an exceptional event must be demonstrated by reliable, accurate data • A clear causal relationship must exist between the measured exceedance and the exceptional event • There is a public process for determining whether an event is exceptional • There are criteria for States to petition EPA to exclude air quality data directly due to exceptional events from use in determining exceedances

13. Interim Implementation of Exceptional Events • SAFETEA requires that until effective date of rulemaking on exceptional events the following shall remain in place: • 1986 Guidance on Exceptional Events • 1996 Memorandum “Areas Affected by PM-10 Natural Events” • Appendices I,K, and N to part 50 of title 40, CFR • Interim Air Quality Policy on Wildland and Prescribed Fires 1998

14. Subjects to be Covered by the Proposed Rule • Definitions and Applicability • Procedures for flagging and notification • Criteria for determining when data should be discounted or excluded • Actions to protect public health • Options for review and comment