Polsinelli PC. In California, Polsinelli LLP Dont Blame Your
Local Regulators January 14, 2014 Amanda A. Reeve Policy
Analyst
Slide 2
real challenges. real answers. sm Dont Blame Your Local
Regulators Why not blame our local regulators for the air
regulations imposed upon us? Adhering to Federal and State laws,
rules and court orders. First and last line of defense to Federal
intrusion.
Slide 3
real challenges. real answers. sm Everything Runs Downhill
Slide 4
real challenges. real answers. sm Thank You, Congress! Source:
Congressional Research Services, Environmental Laws: Summaries of
Major Statutes Administered by the Environmental Protection Agency,
December 20, 2013
http://fpc.state.gov/documents/organization/219641.pdf Pre-1955:
State & Local Governments exclusively responsible for air
pollution 1955: First Federal legislation addressing air pollution
passed by Congress
Slide 5
real challenges. real answers. sm All the Rage in the 70s
December 2, 1970 President Richard Nixon and Congress authorized
the creation of the Environmental Protection Agency (EPA) Clean Air
Act of 1970 Established procedures under which the EPA sets the
National Ambient Air Quality Standards (NAAQS) April 30, 1971 The
first NAAQS are established 36 Federal Register (FR) 8186
Slide 6
real challenges. real answers. sm A Major Milestone In Air
Regulations CAA Amendments of 1990 (S. 1630) President George H.W.
Bushs initiative October 26, 1990 - Passed the U.S. Senate: 89-10
October 27, 1990 - Passed the U.S. House: 401-25 November 15, 1990
Signed into law In its innovative approaches to pollution control,
in the extent to which its implementation envisions an
unprecedented degree of cooperation between government and the
private sector, and in its promise of a renewed national commitment
to environmental protection, the new law is a major milestone in
the evolution of environmental protection in the United States.
~EPA Administrator William K. Reilly (1989-1992) Source: EPA
Journal January/February 1991 (
http://www2.epa.gov/aboutepa/new-clean-air-act-environmental-milestone)
Slide 7
real challenges. real answers. sm Clean Air Act Amendments of
1990 Required EPA to redesignate areas not attaining NAAQSas
Moderate Nonattainment Requires EPA to impose sanctions in areas
fail to submit a SIP or an adequate SIP or fail to implement a SIP
2:1 emission offset for a construction of new polluting sources Ban
on federal highway grants Suspension of federal highway funding
Requires a state-run permit program for the operations of major
sources Strengthens EPAs enforcement provisions Authorizes EPA the
ability to assess administrative penalties
Slide 8
real challenges. real answers. sm Particulate Matter (PM) NAAQS
Overview April 30, 1971 (36 FR 8186) Established PM, referred to as
Total Suspended Particulate (TSP), which included all particles of
30 m Established Primary and Secondary 24-Hour Standards & a
Primary Annual Standard July 1, 1987 (52 FR 24634) TSP replaced by
PM 10 Established Primary and Secondary 24-Hour and Annual
Standards July 18, 1997 (62 FR 38652) Retained the 1987 PM 10
standards Established PM 2.5 Primary and Secondary 24-Hour and
Annual Standards October 17, 2006 (71 FR 61144) Retained the 1987
PM 10 Primary and Secondary 24-Hour Standards Revoked the PM 10
Primary and Secondary Annual Standards Lowered the PM 2.5 Primary
and Secondary 24-Hour Standards Retains the 1997 PM 2.5 Primary and
Secondary Annual Standards January 15, 2013 (78 FR 3086) Retained
the 1987 PM 10 Primary and Secondary 24-Hour Standards Retained the
2006 PM 2.5 Primary and Secondary 24-Hour Standards Lowered PM 2.5
Primary Annual Standard Retained the 2006 PM 2.5 Secondary Annual
Standard
Slide 9
real challenges. real answers. sm Historical Review of
Particulate Matter (PM) National Ambient Air Quality Standards
(NAAQS) Sources: 36 FR8186, April 30, 1971 52 FR24634, July 1, 1987
62 FR38652, July 18, 1997 71 FR61144, October 17, 2006 78 FR3086,
January 15, 2013
Slide 10
real challenges. real answers. sm Pinal County Current Air
Quality Status 1997 Annual PM 2.5 NAAQS(15 g/m 3 ) 2006 24-Hour PM
2.5 NAAQS (35 g/m 3 ) 2012 Annual PM 2.5 NAAQS (12 g/m 3 ) 1987
24-Hour PM 10 NAAQS (150 g/m 3 )
Slide 11
real challenges. real answers. sm Pinal County Status 1997
Annual PM 2.5 NAAQS (15 g/m 3 ) Designated:
Unclassifiable/Attainment February 3, 2011 (76 FR 6056)
Slide 12
real challenges. real answers. sm Pinal County Status 2006
24-Hour PM 2.5 NAAQS (35 g/m 3 ) West Central Pinal County
Designated: Nonattainment based upon 2006-2008 air data February 3,
2011 (76 FR 6056) West Central Pinal County Designated: Attainment
based upon 2010-2012 air data September 4, 2013 (78 FR 54394)
Slide 13
real challenges. real answers. sm Pinal County Status 2012
Annual PM 2.5 NAAQS (12 g/m 3 ) Source: April 16, 2003 EPA
Memorandum re: Initial Area Designations for the 2012 Revised
Primary Annual Fine Particle NAAQS
http://www.epa.gov/pmdesignations/2012standards/docs/april2013guidance.pdf
Slide 14
real challenges. real answers. sm Pinal County Status 2012
Annual PM 2.5 NAAQS (12 g/m 3 ) State Submitted Recommendation
Pinal County: Attainment / Unclassifiable based upon 2010-2012 air
data December 10, 2013 Letter to EPA, Region IX Source:
http://azdeq.gov/environ/air/plan/download/naaqs121013.pdf August
14, 2014: EPA to notify States of intentions regarding
designations
Slide 15
real challenges. real answers. sm Pinal County Status 1987
24-Hour PM 10 NAAQS (150 g/m 3 ) Source:
http://www.epa.gov/region9/air/az/pinal/Pinal-PM10-factsheet.pdf
West Pinal County Designation: Nonattainment based upon 2009-2011
air data May 31, 2012 (77 FR 32024 )
Slide 16
real challenges. real answers. sm How To Move Forward:
Addressing Pinal County Air Quality Issues Support of State and
Federal Legislation Participate in policy development Work with
local regulators Keep informed and educate others
Slide 17
real challenges. real answers. sm Legislative Passage &
Agency Implementation of Dust Forecast Notification System
Slide 18
real challenges. real answers. sm The Commonsense Legislative
Exceptional Events Reform (CLEER) Act
Slide 19
real challenges. real answers. sm Participate in Policy
Development 2012: U.S. Representative Jeff Flake holds a
Stakeholder meeting to discuss Exceptional Events &
legislation. September 6, 2013: U.S. Senator Flake holds a
stakeholder meeting to discuss update on Exceptional Events &
legislation. Nov. 20, 2013: Senator Flake arranged for a telephone
conference between the EPA HQ & key Arizona stakeholders.
Slide 20
real challenges. real answers. sm Participate in Policy
Development Dust Action General Permit Developed through the
Stakeholder Process during the summer of 2011. Executed by Director
E. C. Massey, ADEQ Air Quality Division, December 30, 2011
Slide 21
real challenges. real answers. sm Participate in Policy
Development
Slide 22
real challenges. real answers. sm Work WITH Your Local
Regulators
Slide 23
real challenges. real answers. sm Work WITH Your Local
Regulators
Slide 24
real challenges. real answers. sm Keep Informed... Visit:
azdeq.gov/subscribe.html Visit: pinalcountyaz.gov
Slide 25
real challenges. real answers. sm...& Educate Others
Slide 26
real challenges. real answers. sm Amanda A. Reeve Policy
Analyst - Polsinelli 12 Years of experience with Environmental and
Natural Resources Issues. Served as a State Representative and as
the Chair of the House Environment Committee in the Arizona House
of Representatives. Assists the State and local agencies with the
development of air policy and addressing Arizonas air quality
concerns. 2013 graduate of Arizona State Universitys Environmental
Management graduate program.
Slide 27
real challenges. real answers. sm Polsinelli provides this
material for informational purposes only. The material provided
herein is general and is not intended to be legal advice. Nothing
herein should be relied upon or used without consulting a lawyer to
consider your specific circumstances, possible changes to
applicable laws, rules and regulations and other legal issues.
Receipt of this material does not establish an attorney-client
relationship. Polsinelli is very proud of the results we obtain for
our clients, but you should know that past results do not guarantee
future results; that every case is different and must be judged on
its own merits; and that the choice of a lawyer is an important
decision and should not be based solely upon advertisements. 2013
Polsinelli PC. In California, Polsinelli LLP. Polsinelli is a
registered mark of Polsinelli PC
