National Ambient Air Quality
Standards, Implementation Plans
and Public Participation
Laura McKelvey
U.S. EPA
mckelvey.laura @epa.gov
Topics
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What are the NAAQS?
Why are they important?
What is the air quality planning process?
What is a State Implementation Plan or SIP?
How can you participate in the process?
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Air Quality Management Process
Set Air Quality Goals
Implement Control Strategies
- Title V and other Permits
- Surveillance
- Enforcement
Choose Control Strategies
- Voluntary programs
- Some strategies may be regulatory
Evaluate Air Quality
- Emissions Inventory Data
- Ambient Air Monitoring Data
Determine Necessary Emissions Reductions
- Modeling
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What are NAAQS?
• Title I of CAA directs EPA to establish National Ambient
Air Quality Standards (NAAQS) for commonly occurring
air pollutants posing public health threats
• NAAQS set national levels for acceptable concentrations
of specific pollutants in outdoor air known as “criteria
pollutants”
• NAAQS consist of pollutant concentrations in air that may
not be exceeded
• NAAQS are federal standards that apply coast-to-coast,
regardless of jurisdiction
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The Existing NAAQS
• EPA has set NAAQS for 6 criteria pollutants:
– Ground-level ozone or smog (O3)
– Particulate Matter (PM)
• PM10 and PM 2.5
– Lead (Pb)
– Nitrogen Oxide (NOx)
– Sulfur Dioxide (SOx)
– Carbon Monoxide (CO)
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National Ambient Air Quality Standards
• Two types of standards are developed:
– “Primary” standards to protect public health with
an adequate margin of safety
– “Secondary” standards to protect public welfare
and the environment
• The CAA requires EPA to review the standard
set for each criteria pollutant every 5 years
with advice from the Clean Air Scientific
Advisory Committee (CASAC)
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What is Particulate Matter?
It is a complex mixture of extremely small particles and
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liquid droplets
Particulate Matter
• Larger particles (>PM10)
deposit in the upper
respiratory tract
• Smaller, inhalable particles
(< PM10) penetrate deep
into the lungs
• Both coarse PM10-2.5 and
fine PM 2.5 can penetrate to
lower lung
• Deposited particles may
accumulate, react, be
cleared or absorbed
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Health Effects of Particle Pollution
• Particles can cause both respiratory and cardio-vascular health problems
including:
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Aggravated asthma
Increases respiratory systems like coughing and difficulty breathing
Chronic bronchitis
Decreased lung function
Changes in heart rate and heart rate variability
Cardiac arrhythmias
Heart attacks
Premature deaths
• Types of studies:
– Epidemiology and field
– Controlled human exposure
– Animal
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Ground-level Ozone
• Primary component of smog
• Sometimes called “bad ozone” to distinguish it from “good ozone”
– Both types of ozone have the same chemical composition (O3)
– “Good ozone” occurs naturally in the upper portions of the earth’s
atmosphere and forms a layer that protects life on earth from the sun’s
harmful rays
– “Bad ozone” forms at ground level is harmful to breathe
• Not emitted directly into the air but forms when emissions of NOx and
VOCs “cook” in the sun
– Emissions from industrial facilities, electric utilities, motor vehicle exhaust,
gasoline vapors, and chemical solvents are the major man-made sources of
NOx and VOCs
• Mainly a summertime pollutant because sunlight and hot weather
accelerate its formation
• Ozone levels can be high in both urban and rural areas, often due to
transport of ozone, or the NOx and VOC emissions that form ozone
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Ozone and Health
• Ozone can penetrate deep into
the lungs and can:
– Make it more difficult to people
working or playing outside to
breathe deeply or as vigorously as
normal
– Irritate the airways causing:
coughing, sore or scratchy throat,
pain when taking a deep breath,
and shortness of breath
– Inflame and damage the lung’s
lining by injuring the cells that line
the air spaces in the lung
– Increase susceptibility to
respiratory infections
– Aggravate chronic lung disease
such as asthma, emphysema, and
bronchitis.
• Repeated exposure may cause
permanent changes in the lung,
leading to long-term health
effects and a lower quality of life
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Major Contributors to Ozone
• Sources of NOx and VOCs
– Motor vehicles
– Power plants
– Factories
– Consumer and commercial products
– Fuel combustion processes
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Definition of a Non-Attainment Area
• Section 107(d)(1)(A)(I):
– Designations
• …”any area that does not meet (or that contributes to
ambient air quality in a nearby area that does not
meet) the national primary or secondary ambient air
quality standard for the pollutant.”
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Air Quality Planning Process
• EPA promulgates
designations of areas
– Non-attainment
– Attainment
– Unclassifiable
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What is a State Implementation Plan (SIP)?
• A specific set of plans for reducing air
pollution emissions
• Required by federal law (Clean Air Act) for
areas not meeting the NAAQS
• Requires control strategies
• Sets forth technical and regulatory process for
demonstrating attainment and maintenance
requirements
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The State Implementation Plan Process
SIP Process and Roles
Area designated nonattainment by EPA
State/local agencies start to develop SIP
State drafts SIP and submits to EPA for informal review
Opportunities for Input
Provide input on designation status & geographic area size,
learn about the SIP process in your state, gather source
data, make initial contact with your state and Regional Office
Meet with state SIP development team, join SIP stakeholder
group, get on mailing list
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 revises SIP to respond to public comment
State adopts& officially submits SIP to EPA Regional Office
EPA performs completeness review (EPA has 6 months)
Work with Regional Office to review and provide input
EPA publishes proposed notice in Federal Register
EPA holds public comment period
Attend and speak at public hearing, submit written comment
EPA publishes final action responding to public comment
SIP is now federally enforceable
Work with EPA and state to ensure controls are in
place and working
How You Can Participate in the
Process
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EPA Rulemakings
• MUST go through public comment
– Proposed rules are published in the Federal Register and EPA
maintains a rulemaking docket (section 307(d))
• Citizens can petition for review of EPA rules to the Court
of Appeals (section 307(d))
• Courts can overturn EPA rules that are:
– Unsupported by the record
– Arbitrary, capricious, an abuse of discretion, or otherwise NOT
in accordance with the law
– Contrary to constitutional right power, privilege or immunity
– In excess of statutory authority
– Without observance of procedures required by law
• NOTE: SIP approvals are rulemaking actions and must
undergo public comment
Public Comment on SIP Process
• Every SIP and SIP revision must be submitted to EPA for
approval after the state has provided public notice and
held a public hearing on the draft SIP
– Section 110(a)(1)
• EPA must take public comment on it’s actions to approve
or disapprove the SIP
– Section 307(d)(3))
– Note: if the SIP has tribal implications then EPA should consult
with the tribe on the SIP
• A citizen can challenge EPA’s approval in the Court of
Appeals
Citizen Suits
• Citizens can directly sue any source for:
– Violating permits
– State or national standards
– Constructing a major emitting source without a
permit
• Citizens can also sue EPA for failure to perform
an act or duty that is not discretionary
– Section 304(a)(2)
APPENDIX
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National Ambient Air Quality Standards
Updated Nov 2010
Anticipated NAAQS 110 SIP Implementation Milestones
Pollutant
PM2.5
(2006)
NAAQS
Promulgation
Date
Designations
Effective
Sept 2006
Dec 2009
110(a) SIPs
due
Attainment
Demonstration
Due
Attainment
Date
Sept 2009
Dec 2012
Dec
2014/2019
Oct 2011
May
2012/2013
Nov
2015/2016
(3 yrs after
NAAQS
promulgation)
Nov 2010/2011
Pb
Oct 2008
NO2
(primary)
Jan 2010
Feb 2012
Jan 2013
Aug 2013
Feb 2017
SO2
(primary)
June 2010
July 2012
June 2013
Jan 2014
July 2017
Dec 2014
Dec 2018
(to be proposed)
(moderate)
Ozone
Dec 31 2010
(extra time for new
monitors)
Aug 2012
(2008-2010 data)
Dec 2013
CO
May 2011
June 2013
May 2014
June 2015
May 2018
PM2.5
(2011)
Oct 2011
Nov 2013
Oct 2014
Nov 2016
Nov
2018/2023
NO2/SO2
Secondary
Mar 2012
April 2014
Mar 2015
Oct 2015
NA
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Current Schedule for Ongoing
NAAQS Reviews (Sept 2010)
POLLUTANT
MILESTONE
NO2 Primary
SO2 Primary
Ozone
Reconsideration
CO
PM
NO2/SO2
Secondary
Lead
NPR
Jun 26, 2009
Nov 16, 2009
Jan 6, 2010
Jan 28, 2011
Feb 2011
July 12, 2011
Nov 2013
NFR
Jan 22, 2010
Jun 2, 2010
Oct 29, 2010
Aug 12, 2011
Oct 2011
Mar 20, 2012
Sept 2014
NOTE:
Underlined dates indicate court-ordered or settlement agreement deadlines
Next Ozone Review: Proposal in Jun 2013 and Final in Mar 2014
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Implementation Plans in Indian Country:
Federal Implementation Plans (FIPs)
• Federal Implementation Plans (FIPs) are:
– Plans developed by EPA
– Often developed to address regulatory gaps in
Indian country
– Can be replaced by TIPs
Implementation Plans in Indian Country:
Tribal Implementation Plans (TIPs)
• SIPs do not generally apply in Indian country
• There are a few exceptions where EPA has specifically
approved a SIP to apply in Indian country
• TIPs are plans developed and submitted by tribes to
EPA to apply to Indian country lands where they can
demonstrate jurisdiction
• TIPs are similar to SIPs, but can be modular and are
not a mandatory obligation for tribes
• There have been no TIPs approved yet