Clark County Ozone

February 10, 2004

8-Hour Ozone National Ambient Air Quality Standard

Background

• 1997 NAAQS for ground-level ozone set at an 8-hour average of 0.08 ppm.

• Various industry groups and States challenged the 8-hour ozone NAAQS in the DC Circuit Court.

• May 1999, the Appeals Court remanded the 8-hour ozone NAAQS to the DC Circuit Court.

8-Hour Ozone National Ambient Air Quality Standard

February 2001, the Supreme Court held that EPA’s action in setting the NAAQS was not an unconstitutional delegation of authority.

March 2002, the DC Circuit Court rejected all remaining challenges to the 8-hour ozone standard, paving the way for EPA to begin implementing requirements.

8-Hour Ozone National Ambient Air Quality Standard

• June 2, 2002, EPA issued a proposed rule creating a “roadmap” for areas to attain the new standard.

• By consent decree EPA is required to designate attainment and nonattainment areas by April 15, 2004.

8-Hour Ozone National Ambient Air Quality Standard

The rule addresses the following:

• Classification of Areas• Attainment Deadlines• Transition from 1-hour to 8-hour NAAQS• Mandatory Control Measures• Consequences of Failure To Attain Standard• Interstate Transport of Ozone• Modeling and Attainment Demonstration• Reasonable Further Progress Reporting• Reasonably Available Control Measure/Technology

(RACM/RACT)• Conformity (Transportation)• New Source Review

8-Hour Ozone National Ambient Air Quality Standard

Classification of Areas (based on the severity

of exceedance): • Marginal• Moderate• Serious• Severe• Extreme• Determines the minimum control measures

included in a SIP and the maximum time period allowed to meet the standard.

8-Hour Ozone National Ambient Air Quality Standard

Attainment Deadlines (from date of designation):

•Marginal - 3 years •Moderate - 6 years•Serious - 9 years •Severe - 15 years •Extreme - 17 years (For areas classified under subpart 1, up to 5 years after designation; may extend up to 10 years based on specified considerations.)

Clark County’s Ozone Attainment Status

In a letter dated June 27, 2003, based on 2000-2002 ozone air quality data, Clark County submitted a recommendation to NDEP to designate Clark County as Attainment/Unclassifiable for the 8-hour Ozone NAAQS.

July 10, 2003, NDEP forwarded a letter of recommendation to EPA.

December 3, 2003, EPA wrote a letter concurring with NDEP and the County’s recommendations.

Clark County’s Ozone Attainment Status

EPA tracking 2003 ozone monitoring data and impact on the 2001-2003 attainment determination.

EPA has requested NDEP submit the 2003 ozone monitoring data as soon as possible.

DAQM performing QA/QC on 2003 data for submission in May 2004

Clark County’s Ozone Attainment Status

Preliminary data indicates:

1 sites’ 2001-2003 average is 0.086 ppm

If the average remains the same after QA/QC is complete, DAQM will notify NDEP that a value has been measured above the NAAQS

Potential SIP Timeline

EPA designates Clark County late 2004 or early 2005

Within 3 years after designation, Clark County submits a SIP for the new 8-hour NAAQS (2007-2008)

SIP approval federally mandated within 18 months after submission (2009-2010)

Clark County must attain standard within 3 years after designation (2007-2008)

Clark County’s Implementation Status

Clark County is proactively addressing SIP needs by:

Conducting emission inventories of Ozone precursors

Evaluating impacts of Ozone sources

Evaluating potential control measures

Clark County’s Implementation Status

Currently Clark County is proceeding with six studies:

Ozone characterization study Nonroad engine inventory Volatile Organic Compounds emitted

from the use of consumer products Biogenic emissions inventory Mobile source impact study Sodar to study ozone transport issues

Evaluation of Potential Control Measures

Identify control measures successfully implemented in other regions.

Estimate potential emission reductions of each control measure.

Estimate cost effectiveness of each control measure.

Select and implement control measures based on quantity of emission reductions, cost effectiveness, and results of modeling.

Potential Ozone Control Measures Used By Other Nonattainment Areas

I/M Programs

Enhanced I/M Program

Remote Sensing I/M -- On-Road Gasoline Vehicles

Remote Sensing I/M -- On-Road Diesel Vehicles

Roadside Smoke Testing for Diesel Trucks

Vehicle Repair, Retrofit or Retirement Assistance Program

Gas Cap Replacement Assistance Program

Potential Ozone Control Measures Used By Other Nonattainment Areas

Recreational Marine Equipment Programs

Recreational Marine Idling Restrictions Recreational Marine Equipment Use Restrictions Outboard Motor Program "Cash for Clunkers"Low NOx Fuel for Recreational Marine Equipment

Construction Equipment Programs

Construction Equipment Use Restrictions Construction Retrofits Ozone Season Construction Idling Restrictions Low-NOx Fuel for Construction Equipment

Potential Ozone Control Measures Used By Other Nonattainment Areas

Lawn & Garden Equipment Programs

Lawn & Garden Program" Cash for Clunkers"Lawn & Garden Equipment Use Restrictions Low NOx Fuel for Lawn & Garden EquipmentPortable Fuel Container Requirements"Cash for Clunkers" Gas Can Program

Agricultural Programs

Agricultural Equipment Use RestrictionsPesticide Application RestrictionsLow NOx Fuel for Agricultural Equipment

Potential Ozone Control Measures Used By Other Nonattainment Areas

Diesel Vehicle Initiatives

Control Locomotive Idling

Truck Stop Electrification

Low-NOx On-Road Diesel Fuel in Ozone Season

Diesel Retrofits -- School Buses

Diesel Retrofits -- Commercial Vehicles

Diesel Retrofits -- State & Local Diesel Vehicles

Diesel Retrofits Commercial Vehicles -- Tax Break for Retrofitting

Potential Ozone Control Measures Used By Other Nonattainment Areas

Electric Generating Units (EGU)

Reductions from Local Power Plants - Negotiate with power plants to reduce emissions Reductions from Local Power Plants -- Allowance Purchase

Consumer Product Controls

Consumer Products - Require reformulation of 80 types of consumer products (e.g. non-stick cooking spray, air freshener, anti-perspirant, windshield washer fluid)

Potential Ozone Control Measures Used By Other Nonattainment Areas

Parking Initiatives

Employer Parking Cash-OutCommuter Parking Tax -- On EmployeesCommuter Parking Tax -- On Employers Providing Subsidized ParkingCommuter Parking Tax -- On Employers With No Transit BenefitsMarket Based Parking Charge at Federal Facilities -- MOUParking Impact Fee

Potential Ozone Control Measures Used By Other Nonattainment Areas

Employer Programs

Telework Program -Telecommuting centers, including marketing activity, consultant support, commuter and employer information and assistance

Proximity Commute - Encourage employees of the same firm to swap jobs, permitting each to work at a location closer to home

Mandatory Employee Trip Reduction Plan

Airport Issues

Aircraft Gate Idling RestrictionsAirport Ground Service Equipment Airport Emissions Cap Points for Low Emissions in Airport Contract Bids

Potential Ozone Control Measures Used By Other Nonattainment Areas

Enforcement Programs

Enhanced Enforcement of Area Source Regs -- Open Burning (Agricultural)Enforce On-Road Idling Restrictions

Fuels Programs

Reformulated summertime gasoline—All gasoline powered enginesCetane-Enhancing Diesel Additive -- Highway Engines Cetane-Enhancing Diesel Additive -- Nonroad EnginesCetane-Enhancing Diesel Additive -- Local School Buses

Potential Ozone Control Measures Used By Other Nonattainment Areas

Tax Incentives

VMT-Based Car Tax -- Private Vehicles OnlyVMT-Based Car Tax -- Private and Commercial VehiclesGraduated Car Tax -- Higher Tax for Additional VehiclesGraduated Car Tax -- Higher Tax for Vehicles with Low Fuel EfficiencyGraduated Car Tax -- No Tax on Alternative Fueled VehiclesRebate for Purchase of Hybrid or Fuel Efficient Vehicles -- Voluntary Citizen or Corporate ParticipationGas Tax Increase -- On-Road Gasoline OnlyGas Tax Increase-- On-Road and Off-Road GasolineGas Tax Increase -- On-Road Gasoline and DieselGas Tax Increase -- On-Road and Off-Road Gasoline and Diesel

Potential Ozone Control Measures Used By Other Nonattainment Areas

Clean Fuel Vehicle Initiatives

Clean Fuel Vehicles -- State & Local VehiclesClean Fuel Vehicles -- Commercial Taxi and Transit FleetsPurchase hybrid vehicles for state and local fleets

Architectural, Automotive & Industrial Maintenance Coatings

Architectural & Industrial Maintenance CoatingsMobile Equipment Repair & Refinishing Solvent Cleaning

Potential Ozone Control Measures Used By Other Nonattainment Areas

Stationary Source Controls

Stage II vapor recovery for Gasoline Dispensing FacilitiesAdditional NOx ControlsExpand VOC RACT ControlsLow NOx Fuel Oil for Stationary Sources VOC Cap and Trade for Stationary Sources

Public Works Programs

Traffic Signal Optimization High Occupancy Vehicle (HOV) lanesValue Pricing (HOT lanes)

Potential Ozone Control Measures Used By Other Nonattainment Areas

Outreach Programs

Ozone Awareness Programs - for schools, drivers training and other educational venues Clean Air Partners Program Commuter Operations Center Guaranteed Ride Home Integrated Rideshare

Urban Planning Initiatives

Urban Reforestation/Rooftop Gardens

Smart Growth/Infill Development