F uture of EPA air programs for the next 10 years New Jersey Clean Air Council Public Hearing April 14, 2010

7 Key Themes for EPA Lisa P. Jackson, EPA Administrator - January 12, Taking Action on Climate Change 2.Improving Air Quality 3.Assuring the Safety of Chemicals 4.Cleaning Up Our Communities 5.Protecting Americas Waters 6.Expanding the Conversation on Environmentalism and Working for Environmental Justice 7.Building Strong State and Tribal Partnerships

1.Taking Action on Climate Change Q: How will we (the U.S. / the developed world / the planet) deal with the biggest (in terms of scale, impact and economics) environmental challenge to date??? A: For the U.S. – It depends

The Legislative Options Enactment of new clean energy / climate legislation OR Implementation of the 1990 Clean Air Act

Legislation House –Waxman (D-CA)-Markey (D-MA) Bill (American Clean Energy and Security Act of 2009) –Approved by the House of Representatives on June 26, 2009 –Cap-and-trade Senate –Kerry (D-MA), Graham (R-SC), and Lieberman (I-CT) working outside of the committee process (through closed-door meetings) –Framework for Climate Action and Energy Independence –A combination of cap-and-trade and cap-and-dividend

1990 Clean Air Act Massachusetts v. EPA (April 2007) Endangerment Finding (December 2009) Greenhouse Gas Emission Standards for Light Duty Vehicles (April 2010) Tailoring Rule (Proposed September 2009) Johnson Memo Reconsideration (March 2010) Greenhouse Gas Reporting Rule (Published October 2009)

2. Improving Air Quality The Conventional Pollutants & Programs (some with a new twist) – National Ambient Air Quality Standards – Air Toxics – Clean Air Interstate Rule (CAIR) – New Source Review (NSR) & Prevention of Significant Deterioration (PSD) – Enforcement

National Ambient Air Quality Standard Actions in 2010 NO 2 – Final in January 2010 SO 2 – Final in June 2010 O 3 Reconsideration – Final in August 2010 CO – Proposal in October 2010 PM – Proposal in November 2010

5. Protecting Americas Waters Air-Water Interface – Northeast States' 319(g) Petition on Mercury Deposition – Nitrogen deposition Water-Air Interface – A lot of air pollution is generated to pump, treat and heat water or waste Solid Waste-Air Interface – Using recycled or re-used materials reduces emissions from: the extraction of raw materials the manufacture of goods methane (GHG) emissions from landfills

6. … Environmental Justice Focus on communities historically under- represented in EPA decision making – Tribes, communities of color, economically distressed areas – Children Develop guidelines for including environ- mental justice principles in decisions

7. Building Strong State … Partnerships View states as co-regulators Provide as much support as possible – financial and technical

William S. Baker Air Senior Policy Advisor EPA – Region 2 (212)

NO 2 NAAQS Implementation Schedule MilestoneDate State Designation Recommendations to EPA January 2011: One year following promulgation (Based on existing network data) Designations January 2012: EPA designates all/most areas as unclassifiable (because near road monitors not in place) New NO 2 Monitoring NetworkJanuary 1, 2013: All monitors operating Next NO 2 NAAQS Review Completed January 2015: Anticipated time frame Nonattainment Re- Designations (discretionary) January 2016/2017 (depending on date that sites become operational) Attainment Date January 2021/2022 (5 years after date of nonattainment designations)

SO 2 NAAQS Implementation Timeline MilestoneDate Signature – Final RuleJune 2, 2010 State Designation Recommendations to EPA June 2011 Final DesignationsJune 2012 SIPs DueWinter 2014 Attainment DateSummer 2017

Ozone NAAQS Reconsideration Proposal signed on January 6, Public comment period of 60 days closes on March 22, Public hearings Final Rule to be signed by August 31, 2010.

Daily value = Sum of values over 12 daylight hours Steps in calculating W126 value for a particular site: 1.Measure hourly ozone (O 3 ) concentrations for each hour within the 12 hour daylight period (8am-8pm). 2.Assign a weight to each hourly value based on concentration: lower concentrations receive less weight than higher concentrations. 3.Sum the 12 weighted hourly values to calculate a daily W126 value. 4.Repeat steps 1-3 for each day within the ozone season and then sum the daily values to calculate the monthly W126 value. 5.Identify the consecutive 3-month period whose monthly W126 values produce the highest total. This total becomes the seasonal W126 for this site. 6.Average three years of maximum W126 values and compare to standard. Hourly O 3 (ppm) WeightW126 (ppm-hrs) SUM:0.20 weight Understanding the W126 Proposed Secondary Standard Example of weighting over 5-hour period:

MilestoneDate SignatureFinal RuleAugust 31, 2010 State Designation Recommendations to EPA January 2011 Final DesignationsEffective no later than August 2011 Attainment Demonstration SIPs Due December 2013 Attainment Dates (depends on severity of problem) Proposed Ozone Accelerated Implementation Timeline EPA is planning to propose an implementation rule in spring 2010 and issue a final rule as quickly as possible after the final ozone NAAQS.

CO NAAQS Proposal Oct 28, 2010 Final May 13, 2011 March CASAC review of the 2 nd draft Risk and Exposure Assessment and draft Policy Assessment

Remand of Primary and Secondary Annual PM 2.5 Standard In Feb 2009, D.C. Circuit Court remanded some portions of the final rule Court concluded EPA failed to adequately explain why annual standard is sufficient to protect public health with an adequate margin of safety Annual primary standard remanded for further consideration of whether it provides an adequate margin of safety from the risk of short-term exposure to PM 2.5, and whether it provides an adequate margin of safety against morbidity in children and other vulnerable subpopulations Court concluded decision to set secondary standards identical to primary standards was unreasonable and contrary to the law Secondary standards remanded for reconsideration

PM NAAQS Review Integrated Science Assessment –Finalized December 2009 Risk and Exposure Assessments –Second draft assessment documents (quantitative health risk assessment and urban-focused visibility assessment) released for CASAC and public review on March Policy Assessment –First draft released for CASAC and public review in March 2010 –Will discuss CASAC comments at teleconference scheduled for April 8 Proposed rulemaking – November 2010 Final rulemaking – July 2011 For more information: