1. How meeting the 2007 Standard & Reducing Variable Emissions will Help Attain the 2010 8-Hour Standard? Guy Donaldson EPA

2. What Will We Cover? A little Background on Air Quality Standards and State Implementation Plans. What are the 8-hour requirements What are the Requirements for Houston. What progress has been made so far? Where do we go from here?

3. What is a National Ambient Air Quality Standard? lA standard set by EPA protect public health or welfare. lRequired by the Clean Air Act lSupposed to be reviewed every 5 years. lEPA has set Standards for 6 criteria pollutants

4. Criteria Pollutants lEPA has set Standards for 6 criteria pollutants: ~ground-level ozone (smog)* ~particulate matter ~lead ~nitrogen dioxide ~sulfur dioxide ~carbon monoxide *Only one not met in the Houston Area

5. Health Effects of Ozone lWhen inhaled at harmful levels, ozone can: ~pose health problems for children, asthmatics, the elderly and even healthy adults; ~cause acute respiratory problems; ~aggravate asthma, emphysema and bronchitis; ~lead to increased hospital admissions and emergency room visits; and ~impair the body’s immune system defenses.

6. Air Quality Management Process

7. State Implementation Plan (SIP) Air Quality Monitoring Source Surveillance Emission Limiting Rules and Regs Enforcement New Source Review Voluntary and Non-traditional Measures Control Strategy Demonstration Resources Permitting Mobile Measures and Fuels Emergency Episode These constitute the “infrastructure” part of the SIP required Statewide Legal Authority

8. Important Point lWe don’t sanction areas for poor air quality. lWe sanction areas for failure to develop or implement plans to deal with poor air quality. lActual sanctions are rare.

9. In 1979 EPA revised its “photochemical oxidant” standard and set a health-based national ambient air quality standard (NAAQS) for ground-level ozone at 0.12 parts per million averaged over a 1- hour time frame. In 1997 EPA revised the ozone NAAQS to 0.08 parts per million averaged over an 8-hour time frame. EPA's new 8-hr standards were challenged by a number of parties … implementation delayed until the Supreme Court upheld EPA's authority under the Clean Air Act to revise the NAAQS. Background New 8 hour standard:

10. Background … continued US Supreme Court also determined that EPA’s original strategy for implementing the 8-hour ozone NAAQS was unreasonable; left it to EPA to develop a more appropriate scheme that did not ignore Title I, Part D, Subpart 2 of the CAA. Supreme Court also sent the NAAQS case back to the D.C. Circuit Court of Appeals on several other issues. In March 2002, the DC Circuit Court rejected all remaining challenges to the new 8-hour ground ‑ level ozone NAAQS, paving the way to begin implementation of the requirements.

11. HOUSTON/GALVESTON 8-HOUR OZONE NONATTAINMENT AREA 8-HOUR NONATTAINMENT DESIGNATION SIGNED APRIL 15, 2004. –EFFECTIVE JUNE 15, 2004. HGA AREA COUNTIES: (same as one-hour) -Harris -Waller -Galveston - Montgomery -Brazoria - Fort Bend -Chambers - Liberty

13. Status of 8-hour Ozone Implementation Rule Final rule to be issued in 2 phases: –Phase 1: Classifications, transition/anti-backsliding, revocation of 1-hour std., attainment dates, attainment date extensions, timing of emission reductions needed for attainment Signature April 15 –Phase 2: Remainder of rule elements (e.g., RACT, RFP, attainment demonstrations; 8-hr NSR) Planning for signature by the end of the year.

14. 8-hour O 3 classification approach from April 15 th rule Only areas violating the 8-hr NAAQS are “nonattainment” To determine the applicable CAA Subpart --- violating areas are compared against a 1-hour design value for the same monitor. Cut point: > or equal to 0.121 PPM, 1-hour design value.

15. Applicable requirements for an area are the following requirements to extent that they apply to area for area’s classification under section 181(a)(1) of the Act for 1-hr NAAQS: Reasonably available control technology (RACT) Inspection and maintenance programs (I/M) Major source applicability cut ‑ offs for purposes of RACT Rate of Progress (ROP) Plans Stage II vapor recovery Clean fuels fleet program Clean fuels for boilers Transportation Control Measures... section 182(e)(4) of CAA Enhanced monitoring Vehicle miles traveled provisions of sec. 182(d)(1) NOx requirements under sec. 182(f) Requirements “carried over” from the 1-hr ozone NAAQS

16. How will EPA treat attainment dates? Attainment must be “as expeditious as practicable but no later than... “ –Subpart 2 -- from effective date of designation/classification marginal – 3 years (2007) moderate – 6 years (2010) - Houston serious – 9 years (2013) severe – 15 or 17 years (2019/2021) extreme – 20 years (2024)

17. Key Points For Houston Will have to implement non- discretionary measures. Can change discretionary measures if: –Still will attain one-hour by 2007 –Continue progress toward 8 hour. Will have to provide 8 hour attainment plan by 2007. Attain by 2010

18. What does ozone air quality look like in some of the nonattainment areas???

20. Estimated

22. Houston Background EPA approved SIP in 2001 –Demonstrated attainment of 1 hour by 2007 EPA’s approval upheld in Court Plan called for a reviews in 2002 and 2004. 2002 review relaxed NOx controls increased VOC controls. 2004 review proposed to be adopted December 2004 continues shift to HRVOC controls

23. Federal MeasuresTexas Emission Reduction Program (SB-5) Approx 90% Industrial Controls Airport Ground Service (proposed to be approx. 80%)electrification Enhanced Tailpipe TestingCalifornia Large Spark Stds Low Emission Diesel FuelVoluntary Measures (Tug/Tow MOA, Bolivar Controls on Highly Reactive VOCs Ferry, Train MOA) Houston SIP Measures

24. We can expect more progress Industry NOx caps continue to decline annually from 2005-2007 TERP funding through 2007. Controls on Highly Reactive VOCs Phase In of Federal Measures

25. What Comes Next? TCEQ submits midcourse review 8 hour attainment SIP due 2007 Attainment expected 2010 Control will need to implemented no later than 2009

26. Houston’s ozone problem Daily Emissions from Cars, Trucks,construction equipment, etc. Routine Emissions from industry Industrial Emission Events (upsets) Control Strategy will need to continue to address all three elements

27. Future Issues Continued uncertainty with the emissions. –Planned improved monitoring will help –Still more source monitoring needed? What role do variations in VOC emissions play. Decision on future control direction –More NOx –More HRVOCs –Other Less Reactive VOCs –Some combination How to reduce hard to reach categories such as Ships.