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Exceptional Events

This article discusses the history of exceptional events policies, the lessons learned from their implementation, and the new legislation that aims to improve the process. It provides information on the current SAFETEA-LU legislation, its definition of exceptional events, exclusions, principles, and requirements. The article also covers the interim implementation of exceptional events policies and the subjects that will be covered by the proposed rule.

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Exceptional Events

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  1. Exceptional Events Larry Biland USEPA Region 9

  2. Past Policies • 1986 Exceptional Event Policy • 1990 Clean Air Act Amendments • Waivers for nonanthropogenic PM10 sources • 1996 PM-10 Natural Events Policy

  3. Exceptional Events Policy • Provided procedures for flagging data believed to be affected by exceptional events • Provided information about types of events that could be considered “exceptional” • Provided that exclusions of data is only permitted if, through public review, the State and EPA determine that the data are inapprorpriate for use

  4. PM-10 Natural Events Policy -1996 • Concept of mitigation plans (NEAPs) was first instituted under this policy • Development of NEAPs was a condition for EPA to allow States to exclude data affected by natural events • Natural Events were defined as high wind events, volcanic and seismic activity, wildland fires (unwanted fires)

  5. What We Learned from Implementation of Past Policies • Exceptional & Natural events can affect public health – need immediate action • States & EPA need more timely resolution of issues related to data affected by these events • Adequate demonstrations by States are crucial for good decisions by EPA regarding exclusion of data • A consistent process must be implemented for flagging and excluding data that is understood and accepted by the public and involved agencies.

  6. New Legislation • President signed on August 10, 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) • Amends Clean Air Act Section 319 to define exceptional events and require EPA to issue regulations

  7. What Does SAFETEA-LU Do? • Directs EPA to combine past policies on natural and exceptional events in one rule • Calls for EPA to propose a rule on exceptional events by March 1, 2006 and to promulgate the final rule no later than 1 year after the proposal • Establishes a definition of exceptional events and principles to be reflected in EPA’s rule • Provides for interim implementation of existing policies

  8. SAFETEA-LU Definition of Exeptional Events • Affects air quality • Is not reasonably controllable or preventable • Is caused by human activity unlikely to recur at a particular location or is a natural event • Is determined by EPA to be an exceptional event

  9. SAFETEA-LU Exclusions • Stagnation of air masses or meteorological inversions • Meteorological event involving high temperatures or lack of precipitation • Air pollution relating to source noncompliance

  10. SAFETEA-LU Principles • Protection of public health is the highest priority • Timely information should be provided to the public when air quality is unhealthy • Air quality data should be timely entered in a Federal database accessible to the public • States must take necessary measures to safeguard public health regardless of the source of air pollution • Air quality data and analyses must ensure that events not likely to recur are represented accurately

  11. SAFETEA-LU Requirements • The occurrence of an exceptional event must be demonstrated by reliable, accurate data • A clear causal relationship must exist between the measured exceedance and the exceptional event • There is a public process for determining whether an event is exceptional • There are criteria for States to petition EPA to exclude air quality data directly due to exceptional events from use in determining exceedances

  12. Interim Implementation of Exceptional Events • SAFETEA requires that until effective date of rulemaking on exceptional events the following shall remain in place: • 1986 Guidance on Exceptional Events • 1996 Memorandum “Areas Affected by PM-10 Natural Events” • Appendices I,K, and N to part 50 of title 40, CFR • Interim Air Quality Policy on Wildland and Prescribed Fires 1998

  13. Subjects to be Covered by the Proposed Rule • Definitions and Applicability • Procedures for flagging and notification • Criteria for determining when data should be discounted or excluded • Actions to protect public health • Options for review and comment

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