Policy brief 2010
a ir
Meeting National Ambient Air
Quality Standards in Georgia
Air pollutants are substances in the air that can cause
harm to human health or the environment. These
substances can be gases such as carbon monoxide
or chemical vapors, liquid droplets, or solids such
as dust, soot or smoke. Pollutants come from
numerous sources, including stationary sources (e.g.,
factories and power plants), mobile sources (e.g.,
cars, trucks, construction equipment, and mowers),
other sources resulting from human activity (e.g.,
burning of vegetation and use of solvents), as well as
natural sources (e.g., dust storms, volcanic activity,
and wildfires). Some pollutants, such as groundlevel ozone, are not directly emitted, but are created
by reactions between other pollutants, in that case,
nitrogen oxides and volatile organic compounds
in the presence of oxygen and sunlight. Since air
does not respect political boundaries, transport of
air pollutants locally, across state lines, and even
internationally poses unique regulatory challenges.
The Clean Air Act, originally enacted in
1963 and substantially amended in 1970 and 1990,
establishes a framework for the prevention and
control of air pollution by federal, state, tribal, and
local governments. Although most air pollution
control programs are administered and implemented
by state and local governments, the Act designates the
U.S. Environmental Protection Agency (USEPA)
as the primary federal implementing agency.
USEPA provides grant funds to support state and
local programs.
Setting National Ambient Air Quality Standards
The Clean Air Act requires USEPA to list air
pollutants emitted from sources that may endanger
public health or welfare. For such pollutants, the
agency must issue a scientific report identifying the
expected effects of those substances on public health
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and welfare. USEPA currently lists the following six
common pollutants, known as “criteria pollutants:”
•
ground-level ozone
•
particulate matter
•
sulfur dioxide
•
nitrogen dioxide
•
lead
•
carbon monoxide
USEPA must adopt national standards for the
maximum permissible levels of each pollutant in
ambient (outdoor) air. These standards are called the
national ambient air quality standard (NAAQS). A
primary standard is set to protect the public health,
including a margin of safety to reflect uncertainty
in the understanding of health effects. The agency
has focused on minimizing impacts to more
vulnerable populations, such as children, people with
cardiovascular diseases, and older adults. The Clean
Air Act and associated legal decisions require primary
standards that are based only on reducing potential
adverse impacts to public health. USEPA cannot
consider economic factors or technical feasibility
in its adoption of standards. Those factors are
considered by state and local governments.
USEPA sets a secondary standard to protect
against adverse effects to public welfare (e.g., damage
to soil, water, crops, vegetation, buildings, and
animals). With the exception of sulfur dioxide, the
primary and secondary standards for the other criteria
pollutants are set at the same levels. See the table at
the end of this paper for the current primary and secondary
standards.
The Clean Air Act also requires USEPA to
review each standard at least once every five years
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to determine whether a standard needs revision
based upon new or updated information on health or
welfare impacts. The review process is very complex
and resource intensive, and the agency has generally
taken much longer than five years to complete a
review. Since reviews are mandatory duties subject to
judicial enforcement, timetables for most reviews have
resulted from litigation. Table 1 provides information
on the most current review or revision of the
standards and any pending deadlines for final action
on those standards not recently reviewed.
Table 1. Current Status of National Ambient Air
Quality Standards
Pollutant
Primary Standard
Last
Review/
Revision
Carbon
Monoxide
1994
Pending
Deadline
May 13,
2011
Secondary Standard
Last
Review/
Revision
1994
Pending
Deadline
May 13,
2011
Lead
October 15,
2008
October
15, 2008
Nitrogen
Dioxide
January 25,
2010
1996
Coarse
Particulate
Matter
(PM10)
September
21, 2006
September
21, 2006
Fine
Particulate
Matter
(PM2.5)
September
21, 2006*
September
21, 2006*
Ozone
(8-hour)
March 12,
2008
August 31,
2010**
March 12,
2008
August
31,
2010**
Sulfur
Dioxide
1996
June 2,
2010
1996
March
20, 2012
March
20, 2012
Pending deadlines are for action on a final rule.
* Court of Appeals has remanded this action to USEPA for further
consideration.
** USEPA is reconsidering the 2008 standard and plans to take final
action on a new standard by this date.
Determining Compliance with the National Ambient
Air Quality Standards
A timeline for NAAQS implementation formally
begins with the publication of a new or revised
standard in the Federal Register. Within one
year of the publication, states must submit their
designation recommendations to USEPA. Areas
can be recommended as “attainment” (they meet
the standard), “nonattainment” (they don’t meet
the standard) or unclassifiable (they cannot be
classified based on current information). The
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agency reviews those recommendations and notifies
states of any modifications at least 120 days before
final designation. Final proposed designations are
published in the Federal Register for public review
and comment. States may also submit information
explaining why they believe USEPA modifications are
inappropriate. The Clean Air Act requires USEPA
to make final designations within two years following
publication of a final standard; however, that deadline
may be extended due to insufficient information.
The 1990 amendments to the Clean Air Act
required USEPA to classify nonattainment areas
according to the severity of the nonattainment.
This classification is very significant in that it
establishes the attainment deadline and the types
of control measures that must be included in a
state implementation plan revision. For example,
ozone nonattainment area classifications range from
marginal to extreme, with attainment dates that may
vary from three to 20 years.
States and USEPA use air monitoring data to
determine whether an area is attaining an ambient
air quality standard. Based on actual monitoring
results, agencies calculate an average value that can be
compared to a specific standard. If that value exceeds
a new or revised standard, the area will be designated
as “nonattainment.” In general, designations of new
areas are only made following the adoption of a new
or revised standard. If monitoring data show that the
calculated average value no longer exceeds a standard,
USEPA may redesignate an area from nonattainment
to attainment. Redesignations typically occur
when the agency notifies a state that redesignation is
appropriate, or following a request from a state for
redesignation that meets Clean Air Act requirements.
The establishment of nonattainment area
boundaries can differ between standards. For
example, ozone and particulate matter nonattainment
area boundaries are based on metropolitan statistical
areas or consolidated metropolitan statistical areas;
however, states may request boundary changes. These
boundaries may be extended to include whole or
partial counties, if neighboring areas are contributing
to violations of a standard in the monitored area.
Boundaries for lead and carbon monoxide standards
are based on county boundaries.
Regulating through State Implementation Plans
National ambient air quality standards are not directly
enforceable. States implement air pollution control
rules, measures and strategies contained in USEPAapproved state implementation plans, also known
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as SIPs. A state implementation plan is the collection
of policies, programs and regulations that the state
will use to achieve and maintain compliance with
NAAQS and prevent deterioration of air quality in
attainment areas. The Clean Air Act prescribes basic
elements of a state implementation plan, including
enforceable emission limits, compliance schedules,
monitoring plans, and permit programs. States
must also provide assurances of adequate resources
to implement the plan. Like other environmental
regulatory requirements, SIP provisions are developed
through state administrative procedures, including
opportunities for public review and comment.
Once an area is designated “nonattainment,”
the state air pollution control agency must develop
and submit a revision of the state implementation
plan which contains control measures that will return
the area to attainment status as quickly as possible.
The Clean Air Act outlines general requirements
for nonattainment SIP revisions, as well as more
specific plan provisions for ozone, carbon monoxide,
and particulate matter. Specific provisions for
ozone nonattainment areas include requirements for
vehicle inspection and maintenance programs, use of
reasonably available control technologies at existing
major stationary sources, and emission offsets; i.e.,
new emission sources must obtain reductions from
existing sources before they can be permitted.
The 1990 amendments also require that, in
nonattainment areas, no federal permits or financial
assistance may be granted for activities, such as
transportation projects, that do not “conform”
to a state implementation plan. Failure to meet
SIP provisions regarding motor vehicle emissions
can cause a suspension in funding for most new
highway and transit projects. For example, lack
of transportation conformity impacted projects
in Atlanta from 1999 to 2001. Demonstrating
conformity of transportation plans and state
implementation plans is required in nonattainment
areas whenever new plans are submitted.
The Clean Air Act requires USEPA to impose
sanctions in areas which fail to submit or implement
an adequate state implementation plan, unless the
state corrects such deficiencies within 18 months.
If the state has not corrected its deficiencies within
an additional six months, sanctions will apply.
USEPA may also withhold air quality grant funds.
The Clean Air Act requires USEPA to adopt a
federal implementation plan within 24 months after
finding SIP inadequacies, if those shortcomings are
not resolved.
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Implementing National Ambient Air Quality
Standards in Georgia
In 1967, the General Assembly enacted the Georgia
Air Quality Act (O.C.G.A. §§ 12-9-1 et seq), which
(1) authorized the adoption of air quality standards
and emission limits; (2) required registration of
stationary sources; and (3) mandated enforcement
of air quality requirements. Over the past 35 years,
state law has been amended to conform to federal
requirements. The Board of Natural Resources has
adopted a range of rules to control pollution from
stationary sources, restrict open burning, and provide
for acid rain controls. Some regulations adopt federal
requirements by reference, i.e., state requirements are
the same as, and change with, federal requirements.
The Georgia Environmental Protection Division
(EPD) implements air pollution control programs.
Across Georgia, air quality has historically met
or exceeded the NAAQS for all pollutants; however,
controlling ground-level ozone and particulate matter
in urban and nearby areas has been challenging.
Despite population growth, economic expansion and
increases in vehicle miles traveled, EPD has made
progress in controlling air pollution.
In November 1991, USEPA listed the Atlanta
area, a 13-county region, as a serious nonattainment
area for the 1-hour ozone standard1. EPD
submitted a state implementation plan revision to
bring the area into attainment by November 15, 1999.
Because air quality in Atlanta failed to attain the
standard by the 1999 deadline, Atlanta’s classification
was “bumped up” to a severe nonattainment area
level, requiring additional actions. EPD revised the
SIP to include additional control measures designed
to achieve attainment by November 15, 2005. To
enhance pollution control efforts, EPD designated
32 additional counties as “contributing counties”
and subjected areas in those counties to certain rules
(e.g., use of low sulfur fuels)2. On June 14, 2005,
USEPA redesignated Atlanta as an attainment area
for the 1-hour ozone standard based on 2002-2004
air quality data. EPD will continue to implement the
State Implementation Plan provisions to maintain
compliance with the 1-hour standard over the next
10 years.
Counties included: Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and
Rockdale.
B
Contributing counties included: Banks, Barrow, Bartow, Butts, Carroll,
Chattooga, Clarke, Dawson, Floyd, Gordon, Hall, Haralson, Heard,
Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe,
Morgan, Newton, Oconee, Pickens, Pike, Polk, Putnam, Spalding,
Troup, Upson and Walton.
A
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Following extensive litigation, USEPA published
its final 8-hour ozone standard (the 1997 ozone
standard) designations in the Federal Register in 2004,
including 20 counties in metropolitan Atlanta. Figure
1 shows those counties currently in nonattainment for
the 1997 8-hour ozone and fine particle standards. As
a marginal nonattainment area, Atlanta was required
to achieve the 8-hour ozone standard before June
15, 2007. Because it failed to do so, the Atlanta area
was bumped up to the moderate nonattainment
classification in 2008 and must now reach the standard
before June 15, 2010, or face further actions or
potential sanctions. As implementation to achieve
the 1997 ozone standards was underway, USEPA
strengthened the standard in 2008. In September
2009, USEPA announced its intent to reconsider the
2008 standard and on January 6, 2010, the agency
proposed to further strengthen the 8-hour primary
ozone standard to a level between 0.060 and 0.070
ppm. USEPA also proposed to change the 8-hour
secondary to provide greater protection to sensitive
vegetation when daytime ozone concentrations are
highest. A final decision on the new standards is
expected by August 31, 2010. Depending on the levels
of these new standards, additional Georgia counties
may be designated as nonattainment based on 20082010 air quality data.
Metropolitan Atlanta has also faced challenges
in meeting the particulate matter standards. USEPA
designated all or part of 22 counties in the region
as nonattainment for the fine particle (PM2.5)
standard (1997 fine particle standard) effective
April 5, 2005 (See Figure 1). Although USEPA
proposed the inclusion of Jasper County in the
Atlanta nonattainment area, the county was not
officially designated. The Clean Air Act requires that
designated areas must achieve the standards in no
more than five years, but authorizes USEPA to issue
a five-year extension. After further revising the daily
fine particle standard in 2006, the agency finalized the
new designations on October 8, 2009. No Georgia
counties were designated nonattainment for the daily
PM2.5 standard based upon 2006-2008 data. Since
the Court of Appeals for the District of Columbia
Circuit has returned the standard to USEPA for more
consideration and explanation, further actions are
uncertain.
Other areas of Georgia have also faced air
pollution control issues. In 1992, USEPA designated
a portion of Muscogee County (the area near the
GNB lead smelter) as nonattainment for the lead
NAAQS. Based upon the implementation of control
measures at the GNB facility, USEPA redesignated
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the area to attainment effective June 11, 1999. Tables
2 and 3 identify areas that have faced challenges in
meeting ozone and particulate matter standards.
In February 2009, the American Lung
Association requested the Administrator to redesignate seven areas nationally as nonattainment for
the annual fine particle standard based on 2005-2007
data. Those areas include Augusta and Columbus, as
well as Washington and Wilkinson Counties.
Conclusion
Air quality in Georgia has improved as the result of
(1) operation of new pollution controls at stationary
sources, particularly power plants; (2) use of cleaner
fuels; (3) implementation of tighter emission
standards; and (4) continued vigilance toward
reducing vehicle miles traveled, through activities
such as carpooling, HOV lane usage, etc. However,
as some areas of Georgia continue to grow more
pollution-reducing actions will likely be required
to keep pace with population increases, additional
energy demands, and tightening Federal standards.
The timeframes for implementation of effective
air pollution control programs are often lengthy.
EPA has received criticism for adopting tighter
standards when programs to obtain reductions under
previous standards have often just begun. The fiveyear standards review cycle under federal law may be
too ambitious. EPA will continue its best efforts to
comply with the legal timeframes. As measurement
technologies advance to allow measurement of
smaller concentrations, and the understanding of
health effects from pollutant exposure improves, the
momentum toward tighter standards will probably
increase.
Georgia will continue to face deadlines for
meeting federal air quality requirements. As
standards are revised, it is incumbent upon local
governments to implement policies and programs,
some at little to no cost, to reduce the odds of a
nonattainment designation. While such designation
often does not produce the perceived disastrous
economic consequences, as evidenced by the
continued growth in the Atlanta metropolitan area,
it is designed to force actions to reduce air pollution
which may be better achieved voluntarily.
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Table 2. Proposed and Final Nonattainment
Designations for the 1997 8-hour Ozone Standard
(Not including the Metropolitan Atlanta Area)
Area
GA EPD Recommended
USEPA
Proposed Additions
Final Designations
Current Status
Augusta MSA
Richmond County
Chattanooga MSA
None
Catoosa County
Walker County
Catoosa County
Attainment
Macon MSA
Bibb County
Houston County
Monroe County
Bibb County
Monroe County (P)
Attainment
Attainment
Murray County
Murray County (P)
Murray County (P)
Attainment
None
(P) – designation of a partial county as nonattainment.
Table 3. Proposed and Final Nonattainment
Designations for the 1997 Fine Particle Standard
(Not including the Metropolitan Atlanta Area)
Area
GA EPD Recommended
USEPA
Proposed Additions
Final Designations
Current Status
Athens MSA
Clarke County
Madison County
Oconee County
Clarke County
Attainment
Chattanooga MSA
Walker County
Catoosa County
Dade County
Catoosa County
Walker County
Nonattainment
Nonattainment
None
Harris County
Muscogee County
Muscogee County
Attainment
Floyd County
Floyd County
Nonattainment
Bibb County
Bibb
Monroe (P)
Nonattainment
Nonattainment
Columbus MSA
Rome MSA
Macon MSA
Monroe County (P)
(P) – designation of a partial county as nonattainment.
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National Ambient Air Quality Standards
Pollutant
Primary Standards
Secondary Standards
Level
Averaging Time
9 ppm
(10 mg/m3)
8-hour (1)
35 ppm
(40 mg/m3)
1-hour (1)
0.15 µg/m3 (2)
Rolling 3-Month Average
Same as Primary
1.5 µg/m3
Quarterly Average
Same as Primary
Nitrogen
Dioxide
0.053 ppm
(100 µg/m3)
Annual
(Arithmetic Mean)
Same as Primary
Particulate
Matter (PM10)
150 µg/m3
24-hour (3)
Same as Primary
15.0 µg/m3
Annual (4)
(Arithmetic Mean)
Same as Primary
Carbon
Monoxide
Level
Averaging Time
None
Lead
Particulate
Matter (PM2.5)
Ozone
Sulfur
Dioxide
35 µg/m3
24-hour
(5)
Same as Primary
0.075 ppm (2008 std)
8-hour (6)
Same as Primary
0.08 ppm (1997 std)
8-hour (7)
Same as Primary
0.12 ppm
1-hour (8)
Same as Primary
0.03 ppm
Annual
(Arithmetic Mean)
0.14 ppm
24-hour
(1)
0.5 ppm
(1300 µg/m3)
3-hour
(1)
Source: U.S. Environmental Protection Agency
(1) Not to be exceeded more than once per year.
(2) Final rule signed October 15, 2008.
(3) Not to be exceeded more than once per year on average over 3 years.
(4) To attain this standard, the 3-year average of the weighted annual mean PM2.5 concentrations from single or multiple community-oriented
monitors must not exceed 15.0 µg/m3.
(5) To attain this standard, the 3-year average of the 98th percentile of 24-hour concentrations at each population-oriented monitor within an
area must not exceed 35 µg/m3 (effective December 17, 2006).
(6) To attain this standard, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each
monitor within an area over each year must not exceed 0.075 ppm. (effective May 27, 2008)
(7) (a) To attain this standard, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each
monitor within an area over each year must not exceed 0.08 ppm.
(b) The 1997 standard—and the implementation rules for that standard—will remain in place for implementation purposes as EPA
undertakes rulemaking to address the transition from the 1997 ozone standard to the 2008 ozone standard.
(8) (a) The standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above
0.12 ppm is < 1.
(b) As of June 15, 2005 EPA has revoked the 1-hour ozone standard in all areas except the fourteen 8-hour ozone nonattainment Early
Action Compact (EAC) Areas. For one of the 14 EAC areas (Denver, CO), the 1-hour standard was revoked on November 20, 2008. For
the other 13 EAC areas, the 1-hour standard was revoked on April 15, 2009.
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