November 20, 2007

EPA Proposed Prevention of Significant Deterioration Standards for Fine Particulate Matter for Area Currently In Attainment
 

On September 21st, the Environmental protection Agency (EPA) published its proposed rule for implementation of a PM 2.5 Prevention of Significant Deterioration (PSD) program for areas that are already within attainment of National Ambient Air Quality Standards (NAAQS).

EPA’s September 21st proposal is a requirement from the EPA NAAQS rule adopted October 2006 for PM 2.5. That rule compels EPA to also develop standards for areas already within attainment.

EPA’s proposal impacts facilities that are planning construction of a new facility or modification to an existing facility located in NAAQAS attainment areas. EPA is proposing to facilitate the PSD program for areas in attainment in three ways.

Developing PM 2.5 Increments
Increments are maximum increases in ambient PM 2.5 concentrations for a criteria pollutant above a baseline concentration (how much of a pollutant can be added to the ambient air before the air quality will significantly deteriorate).

Significant Impact Levels (SILs)
SILs are de minimis thresholds applied to individual facilities that apply for a permit and emit a regulated pollutant in an area that presently meets NAAQS standards. The SIL is a measure of whether a source may cause or contribute to a violation of either a PSD or NAAQS.

Significant Monitoring Concentration (SMC)
An SMC requires a permit applicant to submit pre-application monitoring data from the previous year – and to conduct modeling to demonstrate the impact of proposed emissions on air quality.

California Sues to Force EPA Decision on Global Warming Emissions Limits – 16 States Set to Adopt California Standard

On November 5th, California Governor Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. sued the U.S. Environmental Protection Agency (EPA) in order to force EPA to act on California’s request to curb greenhouse gas emissions. California’s suit claims EPA is taking an unreasonable amount of time to reach a decision on California’s waiver request.

Under the Clean Air Act California can adopt environmental standards stricter than federal rules if the state obtains a waiver from the EPA. Once a California waiver is granted by EPA, other states may adopt the same rules.

In 2002, California passed legislation to require a 30% reduction in global warming emissions from vehicles by 2016, starting with model year 2009. In December 2005 the California Air Resources Board applied for the required EPA waiver. Sixteen other states have now indicated they will adopt California’s emissions standards once the EPA waiver is granted.

EPA Administrator Stephen Johnson has indicated he will issue a ruling on the bill by Dec. 31st. Johnson can grant or deny the state the right to enforce the law as written, or allow the state to implement a watered-down version.

Study Calculates Health Costs from Ship Emissions

On the eve of a major policy meeting of the International Maritime Organization, an article published November 7th by the American Chemical Society journal Environmental Science & Technology shows the number of people dying from heart and lung disease as a result of under-regulated shipping emissions totaled 60,000 in 2002. The study estimates the death toll to grow by 40 percent by 2012 due to continued large increases in global shipping traffic.

The peer-reviewed study led by Dr. James J. Corbett at the University of Delaware and Dr. James Winebrake of the Rochester Institute of Technology titled “Mortality from Ship Emissions: A Global Assessment,” is the first research study to estimate global premature deaths linked to harmful emissions from ocean-going vessels.

Diesel powered ocean-going ships burn fuel having much higher sulfur content than highway diesel fuel in the US and Europe.

Negotiations on new air pollution standards for ocean-going ships are ongoing with the International Maritime Study the international body charged with regulating international marine environmental issues.

Revision of NOx Standards Will Test EPA’s New Review Process

On August 31st, EPA released its external review draft of the agency’s integrated science assessment (ISA) for oxides of nitrogen. The ISA is the first step in deciding whether to revise the air quality standard (currently 0.053parts per million) for nitrogen dioxide (NO2).

The Clean Air Act requires EPA re-evaluate national ambient air quality standards (NAAQS) for six criteria air pollutants every five years. The Clean Air Act mandates a two-step process for establishing and revising NAAQS. The first step requires the Administrator to identify and list pollutants that result from both mobile and stationary sources and are judged to be dangerous to public health and welfare. Step two directs the Administrator to propose primary (relating to public health) and secondary (relating to public welfare) NAAQS for the pollutants. The EPA’s advance notice of rulemaking is scheduled to be published December 2008 and the final rulemaking in December 2009.