Exceptional Events

Larry Biland

USEPA Region 9

Past Policies

1986 Exceptional Event Policy

1990 Clean Air Act Amendments– Waivers for nonanthropogenic PM10 sources

1996 PM-10 Natural Events Policy

Exceptional Events Policy

Provided procedures for flagging data believed to be affected by exceptional events

Provided information about types of events that could be considered “exceptional”

Provided that exclusions of data is only permitted if, through public review, the State and EPA determine that the data are inapprorpriate for use

PM-10 Natural Events Policy -1996

Concept of mitigation plans (NEAPs) was first instituted under this policy

Development of NEAPs was a condition for EPA to allow States to exclude data affected by natural events

Natural Events were defined as high wind events, volcanic and seismic activity, wildland fires (unwanted fires)

What We Learned from Implementation of Past Policies

Exceptional & Natural events can affect public health – need immediate action

States & EPA need more timely resolution of issues related to data affected by these events

Adequate demonstrations by States are crucial for good decisions by EPA regarding exclusion of data

A consistent process must be implemented for flagging and excluding data that is understood and accepted by the public and involved agencies.

New Legislation

President signed on August 10, 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Amends Clean Air Act Section 319 to define exceptional events and require EPA to issue regulations

What Does SAFETEA-LU Do?

Directs EPA to combine past policies on natural and exceptional events in one rule

Calls for EPA to propose a rule on exceptional events by March 1, 2006 and to promulgate the final rule no later than 1 year after the proposal

Establishes a definition of exceptional events and principles to be reflected in EPA’s rule

Provides for interim implementation of existing policies

SAFETEA-LU Definition of Exeptional Events

Affects air quality Is not reasonably controllable or preventable Is caused by human activity unlikely to recur

at a particular location or is a natural event Is determined by EPA to be an exceptional

event

SAFETEA-LU Exclusions

Stagnation of air masses or meteorological inversions

Meteorological event involving high temperatures or lack of precipitation

Air pollution relating to source noncompliance

SAFETEA-LU Principles

Protection of public health is the highest priority Timely information should be provided to the public

when air quality is unhealthy Air quality data should be timely entered in a Federal

database accessible to the public States must take necessary measures to safeguard

public health regardless of the source of air pollution Air quality data and analyses must ensure that

events not likely to recur are represented accurately

SAFETEA-LU Requirements

The occurrence of an exceptional event must be demonstrated by reliable, accurate data

A clear causal relationship must exist between the measured exceedance and the exceptional event

There is a public process for determining whether an event is exceptional

There are criteria for States to petition EPA to exclude air quality data directly due to exceptional events from use in determining exceedances

Interim Implementation of Exceptional Events

SAFETEA requires that until effective date of rulemaking on exceptional events the following shall remain in place:– 1986 Guidance on Exceptional Events– 1996 Memorandum “Areas Affected by PM-10

Natural Events” – Appendices I,K, and N to part 50 of title 40, CFR– Interim Air Quality Policy on Wildland and

Prescribed Fires 1998

Subjects to be Covered by the Proposed Rule

Definitions and Applicability Procedures for flagging and notification Criteria for determining when data should be

discounted or excluded Actions to protect public health Options for review and comment