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What’s At Risk With Attainment Designations

What’s At Risk With Attainment Designations. Presented by Mike Oldershaw SJVAPCD May 2, 2012. Clean Air Act Background. Original CAA in 1963 CAA strengthened and EPA formed in 1970 EPA sets health-based limits on criteria air pollutants (Ozone, NOx , PM, SOx , CO, Pb )

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What’s At Risk With Attainment Designations

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  1. What’s At Risk With Attainment Designations Presented by Mike Oldershaw SJVAPCD May 2, 2012

  2. Clean Air Act Background • Original CAA in 1963 • CAA strengthened and EPA formed in 1970 • EPA sets health-based limits on criteria air pollutants (Ozone, NOx, PM, SOx, CO, Pb) • Attainment status is a measure of state or district compliance with these standards, nationwide 45 areas are NA for Ozone

  3. Background, Continued • Example of Attainment Status (SJ):

  4. Background Continued • District currently operating under numerous attainment plans: • 2004 Extreme Ozone Plan (1979 1-hr ozone standard) • 2007 PM10 Maintenance Plan (1987 PM10 standard) • 2007 Ozone Plan (1997 8-hr ozone standard) • 2008 PM2.5 Plan (1997 PM2.5 standard) • EPA continues to review and revise standards in the midst of implementing existing attainment challenges and strategies

  5. Attainment or Not • Areas not in attainment are required to develop detailed plans, including new or modified rules, to meet the standards – these are “State Implementation Plans” • Once approved the “SIP” becomes federally enforceable • If the plan or progress to attainment does not meet EPA approval, federal action may ensue

  6. EPA Sanctions • Poor progress or un-approvable plan may result in EPA actions including: • Federal Implementation Plan (EPA controls steps toward attainment, loss of local control) • De-facto ban on new or expanding facilities • Sanctions (highway funds) • Section 185 fees • Examples include SCAQMD 1982, Maricopa County, AZ 1994, Atlanta, Georgia 2002, New Mexico 2011, SJ 2011

  7. SJ Case Study of CAA Action • Part of CAA is a 1-Hour Ozone standard • Failure to meet this standard resulted in ~$29 MM fines to SJ • Tough Choices: • Do nothing • Let fine be paid entirely industry • Allot fine to emissions sources, including public vehicles through DMV fee

  8. How Does This Affect Burning? • The District is actively seeking any and all reductions possible to meet attainment deadlines as expeditiously as possible • Smoke may impact public health and affect attainment with NAAQS • Example, wildfire events, like in 2008, impacted monitors in valley • Other districts may be affected by burns occurring outside of their geographical boundaries

  9. The Solution • We need to work together to avoid the impacts • Districts actively promote prescribed burning to avoid catastrophic seasons and to move emissions away from critical peak periods • SJ works closely with LMAs, and has made this part of Legislative platform

  10. Not the Solution • EPA recognizes certain “Exceptional Events” as not counting against attainment • It is not a solution to rely on an “EE” determination: • Emissions still impact public health • Not a reliable process

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