MEMORANDUM OF AGREEMENT
BETWEEN REGION 5
OFFICE OF AIR AND RADIATION
Annually, the Office of Air and Radiation (OAR) develops a combination of program goals, performance measures and environmental indicators to help set priorities for Headquarters, Regions, States, local air agencies, and tribes for the coming year. OAR recognizes that due to specific needs and objectives, a Region, a State, a local or a tribe may need to reorder national priorities or substitute priorities that provide greater benefit to a given community. This Memorandum of Agreement (MOA) between OAR and Region 5 identifies both national and regional priorities and commitments to be accomplished in FY 1998. To define national priorities this agreement incorporates by reference Mary Nichols’ April 24, 1997 memo entitled “FY 1998 Consolidated National Guidance”. The Region's strategic priorities are contained in its FY 1998 Agenda for Action (Appendix A). The Agenda for Action identifies five major environmental priorities, seven principal places and ten critical approaches to be used to protect the environment in Region 5.
OVERVIEW OF THE REGION'S AIR, RADIATION AND INDOOR AIR QUALITY PROGRAM PRIORITIES
Region 5's Air and Radiation Division (ARD) has identified seven environmental priorities which are linked to both OAR’s priorities and to the Region's Agenda for Action. They are: 1) attain and maintain ambient air quality standards, 2) prevent deterioration of the Region’s clean air, 3) reduce air toxics emissions to protect public health and to reduce deposition to the Great Lakes, 4) reduce the emissions of acid rain precursors, 5) reduce the emissions of stratospheric ozone depletors, 6) reduce the emissions of global climate change precursors, and 7) reduce exposure to indoor air pollution. In addition, the following program priorities have been set for FY 1998: create a joint effort with our State partners which blends compliance assistance with aggressive enforcement to achieve our environmental goals, continue timely State rule and redesignation processing, develop and maintain a comprehensive and quality assured air monitoring network with emphasis on ozone and fine particulates, insure the issuance of high quality operating permits, fulfill our trust responsibilities to the Region's Native Americans, consider environmental justice and children’s health in our day to day activities, carry out a Great Lakes air toxics/water quality management approach with an emphasis on the early control of mercury, address indoor air quality issues especially as they relate to children’s health (e.g., environmental tobacco smoke), educate the public on the potential effects of climate change and how to slow it, give priority to the use of pollution prevention techniques, and employ to the fullest emerging information technology to achieve our program goals.
The Region's FY 1998 Section 105 grant guidance to its six States and the Agency's guidance for developing performance partnerships with States and tribes is incorporated into this MOA by reference.
MOA STRATEGIC VISION
There are four key areas (ground level ozone, air toxics, operating permit programs, and protecting Native Americans) which will be addressed in FY 1998 that warrant the highest attention of the senior managers of Region 5 and OAR. The Strategic Vision portion of the MOA contained in Appendix B describes these areas of special concern and details the commitments of each office to assure their accomplishment. Appendix C contains Region 5's plan to implement the fine particulate monitoring regulations, and Appendix D outlines the Region’s commitment to implement the national haze reduction effort. In addition, Region 5 commits to report on all of the core performance measures for national priorities contained in the FY 1998 Consolidated National Guidance, and on all the grant activities outlined in John Seitz’ memo of January 31, 1997 entitled Reporting on FY 1997 105 Grant Activities.
The activities and commitments described in this document encompass the principal set of air, radiation, and indoor air quality program activities that Region 5 will be involved in FY 1998. This agreement should not require revision during the coming fiscal year. However, should circumstances arise that do necessitate that this agreement be revised, it shall be done by mutual consent of both parties.
Regional Administrator, Region 5 Date
Assistant Administrator, Date
Office of Air and Radiation
FY 1998 AGENDA FOR ACTION
Priority Environmental Problems
Reducing Toxics, especially Mercury
Slowing Urban Sprawl, especially by Promoting Brownfields Redevelopment
Cleaning Up Sediments
Protecting and Restoring Critical Ecosystems
Protecting People at Risk, especially Children
and Environmental Justice Communities
Enforcement & Compliance Assurance
Community-Based Environmental Protection
Partnerships with States, Local Governments, Other Federal Agencies, and Other Nations
Trust Responsibility for Tribes
Risk and Science-based Decision-making
Measuring & Managing for Environmental Results
Human Resource Investment for Change
MOA STRATEGIC VISION
ACTION PLAN FOR OZONE
REGIONAL GOAL: To attain the national ambient air quality standard for ozone everywhere in Region 5.
PROBLEM STATEMENT: Twenty million people live in the eight urban areas in or bordering on Region 5 (Chicago, SE Wisconsin, NW Indiana, SE Michigan, Dayton, Cincinnati, St. Louis, and Louisville) that do not meet the 120 part per billion (ppb) health related air quality standard for ozone and millions more live in areas that exceed the new 80 ppb standard. Ozone is caused by volatile organic compounds (VOC) and nitrogen oxides (NOX) reacting in the presence of sunlight.
1. By 2009, the 80 ppb national ambient air quality standard for ozone will be attained everywhere in Region 5.
Monitored ambient ozone levels compared to the standard.
2. VOC emissions will meet each area’s targets on schedule.
A. VOC emissions for each area compared to the area’s attainment strategy.
B. Compliance status of major VOC sources in each area.
3. Regional NOX emissions will meet the requirements of the SIP call strategy on schedule.
A. Regional NOX emissions compared to the SIP call strategy.
B. Compliance status of major NOX sources in Region 5.
KEY ACTION STEPS FOR FY 1998 AND BEYOND:
Step Linkage Organization
USEPA SIP call proposed 3 OAR 9/97
Assess 1995, 1996 and 1 Region and 10/97
1997 ozone data States
Initiate ozone outreach 1 Region 10/97
strategy with particular
emphasis on transitional
VOC compliance strategy 2 Region and 10/97
National Ozone Implementation 1 OAR 12/97
USEPA SIP call finalized 3 OAR 9/98
Assess 1996, 1997, and 1 Region and 10/98
1998 ozone data States
States submit revised 3 States 9/99
USEPA approves SIP’s 3 Region 3/01
MOA STRATEGIC VISION
ACTION PLAN FOR PERMITS
REGIONAL GOAL: Continue Interim Approval Issue Resolution for Full Program Approvals and/or Address Part 70 Revisions as Warranted
PROGRAM ACTIVITY: All six Region 5 States now have received either final (Ohio) or interim (Illinois, Indiana, Michigan, Minnesota and Wisconsin) permit program approval. At this point, most States are no longer considering consolidated program revisions because the date for finalizing Part 70 has slipped. The Region will work with its States to ensure understanding of the revisions and their program implications as appropriate. In the mean time, however, the Region will work with its States to address interim approval issues and pending interim approval deadlines. Indiana, for example, has submitted a revision to its Title V program which our review has determined resolves its one interim approval issue. We believe we have resolved Indiana’s concerns regarding their inability to issues all Title V permits within three years and have provided a letter noting the State’s five year schedule appears reasonable. With this issue resolved, the Region should be in a position to act on the State’s submittal and provide full approval to Indiana’s program.
It is important to note, however, that Illinois, Indiana, Ohio and Minnesota all have audit privilege laws which are under review by the Region which may impact future actions on Title V submittals (Michigan’s audit law is identified as a Part 70 interim approval issue and negotiations are underway to resolve those concerns). The Region has received 9 Petitions to withdraw Ohio programs, including Title V and one Petition to withdraw Michigan’s Title V program. Letters have been sent to the States asking them to address Regional concerns regarding these laws. Of particular concern, however, are those States whose interim approvals will shortly expire. Without an extension of the interim approval or resolution of the audit privilege issues, the Region’s ability to give States full approval, even if interim approval issues have been addressed, is in question, leading to possible Regional implementation of the Title V programs. The first State in which we face this deadline is Illinois, whose interim approval expires January 7, 1998. Region 5 is committed to working with the ORC, OGC and its States to address this critical problem in a manner that reflects the seriousness of audit privilege concerns but does not jeopardize Title V program implementation. Any extension of the interim approval deadlines to accommodate Part 70 revisions will be addressed accordingly, and the Region will work with its States to understand the requirements of any revisions.
With regard to program implementation, a system of State oversight that ensures a level of State to State consistency will be in place. Permit staff are working with all States to develop Implementation Agreements and related documents consistent with Title V and Environmental Performance Partnership Agreement goals. We expect to have signed Implementation Agreements in all Region 5 States by the end of FY 97, but will ensure this area is again given priority in FY 98 if any problems remain. Key in these agreements is the resolution of issues related to individual permit review. Region 5 is implementing in all its States an approach which focuses on early USEPA involvement in the permit issuance process, and the resolution of most permit issues prior to USEPA's formal 45 day review period. This early stage, where a greater number of individual draft permits are reviewed and informal comments are exchanged, will eventually be replaced by a differential oversight system which focuses on permits of concern based either on their type (i.e. incinerators), location (proximity to Tribal lands) or other such factors. To facilitate information exchange, the Region will continue quarterly permit calls with the Region 5 States to discuss issues and policies, and share experiences. Monthly calls with each State to discuss State specific issues and permits under review are also on-going.
The Region's ability to work informally with its States to communicate issues, including those related to permit drafting, is dependent on our ability to review State documents electronically. We have established a level of electronic connection with all six States. Region 5 will continue its efforts to establish comprehensive electronic communications with its States, make improvements in connectivity, and to resolve issues related to confidentiality and timing of data input.
EXPECTED RESULTS: The goal of approving all six States permit programs has been achieved in FY97 and work on resolving interim approval issues is underway with a goal of having 5 States with fully approved programs in FY 98, unless Part 70 revisions and interim approval extensions impact this priority. Continued coordination will occur on issues relating to audit privilege laws and their impacts on Title V full approvals. Implementation Agreements will be in place documenting State/Federal relationships related to permit management and coordination. In addition, work will continue on program implementation, particularly focusing on early cooperative efforts in permit drafting and review. A system of State oversight that ensures a level of State to State consistency will be in place and electronic communications will be established that provide efficient interactions.
MOA STRATEGIC VISION
ACTION PLAN FOR NATIVE AMERICANS
REGIONAL GOAL: Fulfill USEPA'S Trust responsibilities to Protect Native Americans from Air Pollution and Radiation
PROGRAM ACTIVITY: Region 5 will continue to utilize grants to build Tribal capacity to deal with ambient and indoor air quality and radiation issues. In FY 1997, Region 5's multi year effort to inventory all regulated air sources on Native American lands will be concluded. Utilizing this information, Region 5 will work with the Tribes to characterize air pollution problems on Tribal lands. In 1997, Tribes will initially
decide which, if any, Clean Air Act programs they wish to administer under the “Tribal Rule”. Region 5 will provide the Tribes with information to assist them in making this decision and will work with the Tribes to get requested authorities granted and implemented. For those Tribes which decide to not request such authorities, Region 5 will continue to administer Clean Air Act mandated programs (e.g., Prevention of Significant Deterioration (PSD) permits and National Emission Standards for Hazardous Air Pollutants) on Tribal lands. The Forest County Potawatomi (WI) Community will continue to pursue redesignation to PSD Class I with the Region's help. The Region's air program will continue to participate in the multimedia effort to provide support to the four Tribes which are located near the proposed Crandon Mine in north central Wisconsin.
EXPECTED RESULTS: Significant progress will be made in characterizing air quality problems and inventorying air emission sources on Indian lands. The ability of the larger Tribes to deal with their own problems will be materially strengthened. The Tribes will view Region 5's air and radiation program as a leader in implementing the Agency's trust responsibilities to Native Americans.
MOA STRATEGIC VISION
ACTION PLAN FOR AIR TOXICS
REGIONAL GOAL: Delegate Air Toxics Activities to the States, Insure a High Level of Compliance with MACT Standards, and Develop Strategies to Address Air Toxics Deposition to the Great Lakes
PROGRAM ACTIVITY: With the increased pace of MACT standards development it is essential that FY 1998 see the completion of delegation of Title III activities to the Region 5 States and increased compliance activity. Title III MACT standard delegations give the States the authority to implement and enforce the MACT standards. States may also request delegation of other Title III programs such as accidental releases. While all Region 5 States have requested delegation, audit privilege law concerns in all States but Wisconsin are either impacting initial delegation or could eventually impact delegations already in place. The lack of authority to provide partial delegations is hampering our ability to act on delegation requests until audit privilege issues are resolved.
In FY1998, Region 5 will continue to emphasize compliance with the two MACTs, the hazardous organic NESHAP (HON) and the chrome plating MACT. Region 5 plans to inspect at least one HON facility in each State, preferably in geographic priority areas. These inspections will cover process vents, storage vessels, transfer operations, and equipment leaks. Region 5 also plans to conduct equipment leak inspections at selected polymer and resin facilities. For chrome platers, Region 5 will work with its States and conduct inspections in geographic priority areas to develop accurate source inventories and insure compliance. The wood furniture, degreaser, commercial sterilizer, and gasoline distribution MACTs have compliance dates early in FY 1998. For these, Region 5 will evaluate the need to follow up on FY 1997 activities and the effectiveness of State air programs, and will form or reactivate work groups.
The Region 5 air program will continue work to establish a scientific framework for air and water quality management by providing leadership through the Great Lakes Air Team thereby addressing the air pathway’s contribution of toxic pollutants entering the Great Lakes ecosystem. Region 5 together with OAR, the Great Lakes National Program Office, Regions 2 and 3, and the Great Lakes States has developed an air deposition/water quality management approach which will rely on a balanced effort of emission inventory development, deposition modeling, and monitoring to provide input to a multi-media mass balance model which will assess the need for toxics emission reductions beyond those mandated by technology based standards. Efforts will continue to be made to prioritize application of this approach to Lake Michigan. Region 5 and OAR agree to fully support these activities. Further, Region 5 has been influential in establishing the realistic goals that have been included in the Canada-United States Binational Toxics Strategy for the Virtual Elimination of Persistent Toxic Substances in the Great Lakes area. The Binational Strategy, signed in April, 1997, provides the framework to achieve quantifiable goals in a specified time frame (1997-2006)for targeted persistent toxic substances, especially those which bioaccumulate. Efforts are now underway to establish implementation and tracking mechanisms.
Finally, Section 129 of the Clean Air Act will result in significant reductions of mercury and dioxin emissions from municipal waste combustors (MWC’s) to the environment. Region 5 is committed to approving State Implementation Plans for large MWC units (>250 tons/day) on a schedule that will result in final compliance with Section 129 requirements by December 2000. Region 5 will also approve State Implementation Plans for small MWC’s after promulgation under Section 129 of New Source Performance Standards and Emission Guidelines; the original standards for these units were vacated by a March 1997 court decision. Region 5 is exploring other ways to reduce mercury through pollution prevention, and is leading a national outreach effort to the chlor-alkali industry, which has agreed to reduce its mercury use and emissions by 50 percent by 2005.
EXPECTED RESULTS: Region 5 is currently reviewing the audit privilege laws in each State and where appropriate will send letters requesting clarification of issues. Negotiations will continue until all issues are resolved and the Agency can move forward again on State submittals, approvals and delegation requests. The Region should know the compliance status of most chrome platers and HON sources. In FY 1998, all eight Great Lakes States will create a regional air toxics inventory of point and area sources, and a pilot mobile source air toxics inventory. The Binational Strategy includes several specific reduction goals and challenges. As the first goal specified in the Binational Strategy, in FY 1998 the United States will confirm that there is no longer use or release from sources that enter the Great Lakes Basin of an initial list of toxic substances targeted for virtual elimination.
ACTION PLAN FOR THE PM
REGIONAL GOAL: Establish a PM
PROGRAM ACTIVITY: With the promulgation of the PM
National Ambient Air Quality Standards, the need for a new monitoring network becomes imperative primarily because data must be available for designation and other regulatory purposes. Region 5 will work with the states to ensure that PM
monitoring equipment is purchased as described in the FY-98 Section 105 Grant Allocations. This would include confirming that each state has deployed the two core monitors allotted as well as the required number of SLAMS and special purpose monitors. Also, Region 5 will guarantee that all type 2 PAMS monitoring locations will have one collocated fine particulate monitor.
In addition to the procurement of the necessary equipment, Region 5 will work with the states to ensure that core, SLAMS, and special purpose monitors are properly sited so as to sample ambient concentrations at representative high population high pollutant oriented locations. Also, proper monitoring frequencies will be maintained for each site class where core monitors are operated daily while noncore SLAMS and special purpose monitors will collect samples as prescribed in the new NAAQS.
Furthermore, for precision assessment purposes, approximately 20% of the new sites for the entire region will have a collocated PM
monitor procured from the FY-98 Section 105 fund and operated according to the procedures described in the new NAAQS. Additionally, Region 5 will confirm the initial procurement of 15 portable audit samplers used in determining the accuracy and random precision of the monitors in the network.
Additional network quality assurance activities will include proper filter conditioning, handling and weighing. This will entail the procurement and use of proper instruments such as the correct balances and room conditioning systems to ensure filters are properly prepared and managed prior to and after sampling.
Region 5 will also work with all six states in guaranteeing that chemical speciation modules are procured as prescribed in the FY-98 Section 105 Grant Allocations. States with type 2 PAMS sites will acquire additional speciation equipment allocated by FY-98 funds, and all resulting samples from all states will undergo the required analyses as prescribed by the new NAAQS or Headquarters.
In addition, Region 5 will ensure that the states continue to operate and maintain existing PM
sites regardless of the type of sampler used. This will allow for the further assessment of emerging technology in the measurement of fine particulate matter.
EXPECTED RESULTS: Because little PM
data exists, the creation of this monitoring network will work toward establishing background and urban fine particulate concentrations within Region 5. Also, the activities listed above will ensure that the data obtained is quality assured and, therefore, considered to reliably represent and characterize the chemical consistency of ambient PM
concentrations of the monitored area. Lastly, by maintaining existing fine particulate monitoring locations, emerging and existing technologies can be compared to the Federal Reference Method to determine better PM
ACTION PLAN FOR REGIONAL HAZE
REGIONAL GOAL: Improve Visibility
PROGRAM ACTIVITY: In July 1997, the USEPA proposed regulations which would vastly expand efforts to improve visibility. Although the specific target of these regulations is visibility improvements in Class I areas where visibility is important (which in Region 5 includes areas in northern Michigan and northern Minnesota), the regulations will also yield visibility improvements and may require emission reductions from all States. These proposed regulations are a vital component of USEPA’s overall approach to protecting the public welfare from visibility impairment effects associated with particulate matter.
The USEPA is expected to promulgate final regional haze regulations in early 1998. Region 5 will work closely with the States to commence regional planning activities, as needed, to assess the visibility conditions in the Region’s important natural areas, and to develop regional plans to improve the visibility in each target area. During the development of the regional plans, Region 5 expects to provide the States with guidance on the enhancement of particulate matter emission inventories and modeling capabilities, expansion of existing visibility monitoring networks, and identification of effective emission reduction strategies among others.
Region 5 will work with the States and Federal Land Managers in developing monitoring strategies that coordinate the development of the new PM2.5 network with the expanding visibility network in order to optimize resource allocation and establish representative sites for characterizing visibility trends.
EXPECTED RESULTS: The regional haze regulations, when fully implemented, should provide for a perceptible improvement in the visibility in the Nation’s important natural areas every 10 to 15 years, and should improve visibility elsewhere as well. In addition, emission reductions of visibility impairing particles (sulfates, nitrates, organic carbon, etc.) will help reduce other pollutant concentrations and thereby benefit public health and the environment.
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This Information Last Modified On:
09/18/2008 03:58 PM