AGC Comments on EPA's Proposal to Tighten Fine Particulate Matter Standards

Association Also Weighs in on the Treatment of Air Data Influenced by Exceptional Events AGC recently submitted comments to the U.S. Environmental Protection Agency (EPA) on proposed revisions to its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM_2.5).  AGC also commented on draft guidance to improve the Agency’s Exceptional Events Rule.  That rule allows EPA to exclude certain air-quality monitoring data when determining whether or not an area violates a NAAQS. National Air Standards for Fine Particulates EPA proposed revisions to its NAAQS for fine particulate matter (PM_2.5) on June 29, 2012.  EPA has agreed to finalize the air quality standards by Dec. 14, 2012, as part of a lawsuit settlement in the U.S. Court of Appeals in the Washington, D.C. Circuit brought by environmental groups and certain states. Within two years of setting a new NAAQS or revising an existing standard, the Clean Air Act directs EPA to formally identify or “designate” areas as “unclassifiable/attainment” (meeting the standard or no evidence indicating a violation), “nonattainment” (not meeting the standard), or “unclassifiable” (insufficient information to designate as attainment or nonattainment, but likely to be violating).  A nonattainment designation may trigger restrictions on the use/operation of construction equipment as well as federal sanctions, including emissions caps limiting economic development and the loss of federal highway transportation dollars. Exceptional Events Rule EPA recently released for public comments its draft guidance to improve the process for implementing the Agency’s Exceptional Events Rule (EER). The EER allows EPA to exclude certain air-quality monitoring data when determining whether or not an area violates a NAAQS.  States face strict deadlines to make attainment determinations that could hinge on whether or not data affected by exceptional events are included or excluded. Failure by any state to comply with federal air standards could jeopardize federal funding for transportation projects in the state, among other harmful sanctions. Under the EER, EPA may flag certain air monitoring readings as “exceptional” and exclude data from nonattainment determinations if a local air agency demonstrates that an exceptional event, such as a wildfire or dust storm, caused an air quality violation. AGC chapters and members in arid western states face significant air quality challenges brought on by chronic wildfires, dust storms and high winds; they report that EPA has not consistently applied its EER. For a more detailed summary of AGC’s comments, click here. For more information, contact Leah Pilconis, Senior Environmental Advisor to AGC, at pilconisl@agc.org.