| Ozone and particulate matter | Transportation conformity |
| Hydrogen Sulfide | Clear skies |
| New source review | Mercury transport |
| Air permitting public notice requirement | |
Update:
Ozone non-attainment areas designations made by DAQ - Click here to view affected jurisdictions.
PM 2.5 non-attainment area designations made by EPA - subject to state comment.
There are numerous toxic air emissions that are regulated by the EPA, but none more important to municipalities than ozone and particulate matter. These emissions carry with them the weight of a "non-conformity" determination and the penalty of "transportation conformity". These two things are linked, such that if your community is in an area considered to be in non-conformity than it may be subject to a restriction of federal highway money being spent in that area – thereby delaying or scuttling long awaited transportation improvements. In order to be considered conforming – communities within this area must develop a plan that establishes steps to be taken to reduce this type of pollution. These steps include things like transportation planning that reduces the vehicle miles traveled by average commuters, land development patterns that further that goal, education campaigns to encourage the public to make personal decisions that would improve air quality, etc.
The Division of Air Quality within the Department of Environment and Natural Resources recommended to EPA what areas of the state should be considered non-conforming based on air quality measurements taken throughout the state. A great deal of controversy has taken place regarding the standard of detection that should be used in making the determination of conformity. In the past, a one hour standard has been used; i.e. out of an 24 hour period monitoring from any one hour time frame would be used to determine the ambient level of that pollutant. The new standard is an eight hour standard; i.e., out of the same 24 hour period, measurements from an eight hour period determines the level of the pollutant. Basically, the extended period of measurement is considered a stricter procedure – and therefore harder to achieve compliance with the standard.
The League will work with the Division of Air Quality and EPA to ensure that issue of non-conformity is properly communicated with affected local governments, and that common sense approaches are taken to address this issue.
Transportation conformity is required by the Clean Air Act section 176(c) (42 U.S.C. 7506(c)) to ensure that federal funding and approval are given to highway and transit projects that are consistent with ("conform to") the air quality goals established by a state air quality implementation plan (SIP). Conformity, to the purpose of the SIP, means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. DOT obviously is the source of federal funding for transportation, but EPA is the agency that determines conformity. General information can be found here.
The League will work with the Division of Air Quality, EPA, and DOT to ensure that a common-sense approach is taken for any transportation conformity determinations.
Hydrogen sulfide is a naturally occurring gas that emitted during the waste digesting process and often gives the air around WWTP's a foul rotten egg smell. The mere presence of this gas is not enough to be considered toxic. The EMC is deciding on potential changes to the Acceptable Ambient Level (AAL) of hydrogen sulfide. These changes will not effect publicly owned WWTP's. These facilities are exempt from air toxics regulations.
EPA offers a toxicological report detailing their efforts in exploring the effects of this gas.
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The "Clear Skies Act of 2003" continues to be in limbo
in Congress, introduced as H.R. 999 and S.485.
According to EPA - The Clear Skies Act would:
and it would accomplish this by:
Atmospheric Mercury transport and deposition is an issue that is problematic from water quality perspective as well as air quality. Obviously, as mercury is deposited on impervious areas it can quickly enter surface water sources. As mercury standards in wastewater discharges become more stringent – the atmospheric component of waterborne mercury becomes more of a concern. TMDL's for mercury are also being developed for water bodies across the state and may result in further efforts to reduce mercury inputs – putting further strain on wastewater discharges. To get further information about mercury in North Carolina from the Division of Air Quality click here .
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