MEMORANDUM 

Subject: Summary of Stakeholder Meeting 

From: Martha Keating 

To: Docket EPA-HQ-OAR-2008-0699 

Date: May 6, 2015 

On May 5, 2015, representatives from EPA’s Office of Air Quality Planning and Standards 

(OAQPS) attended a meeting with representatives of two environmental advocacy groups. The 

stakeholders presented the attached presentation. 

The following is a list of attendees. 

Name Company 

David Baron Earthjustice (by phone) 

Josh Stebbins Sierra Club 

Josh Berman Sierra Club (by phone) 

Mike Koerber EPA - OAQPS 

Scott Mathias EPA – OAQPS - AQPD 

Chet Wayland EPA – OAQPS - AQAD 

James Hemby EPA – OAQPS - AQAD 

Kimber Scavo EPA-OAQPS-HEID 

Susan Stone EPA-OAQPS-HEID 

Martha Keating EPA-OAQPS-HEID 
Children and Enviro

Justice Communitie

60 ppb Smog Sta
EPA’s Must Finalize A 60 pp

Standard to Protect Public He
Level of the Standard

The primary NAAQS at a level that is

• “requisite to protect public health”—in

sensitive populations—

• with an “adequate margin of safety.”

– 42 U.S.C. § 7409(b)(1)
Level of the Standard

• EPA proposes 65 – 70 ppb

• EPA eliminates 60 ppb
CASAC Advice

• 70 ppb:

– A “significant concern, especially for childr

asthmatics, the elderly and other at risk

populations.”
CASAC Advice

• 70 ppb:

– A “significant concern, especially for childr

asthmatics, the elderly and other at risk

populations.”

– “substantial scientific evidence of adverse 
CASAC Advice

• 70 ppb:

– A “significant concern, especially for childr

asthmatics, the elderly and other at risk

populations.”

– “substantial scientific evidence of adverse 

– “offers only modest incremental reduction

term mortality risk . . . .”
CASAC Advice

• 70 ppb:

– A “significant concern, especially for childr

asthmatics, the elderly and other at risk

populations.”

– “substantial scientific evidence of adverse 

– “offers only modest incremental reduction

term mortality risk . . . .”

• Even 60 ppb:

– “clinically significant lung function decrem

airway inflammation” 
US EPA Children’s Health Protec

Advisory Committee Advice

• “strongly re‐affirm the recommendatio

ppb based on . . . adverse childhood he

impacts”
US EPA Children’s Health Protec

Advisory Committee Advice

• “strongly re‐affirm the recommendatio

ppb based on . . . adverse childhood he

impacts”

• “The higher end of the range, 60 ppb – 

. . . will not be sufficient to protect child

health.”
The Public Health Community Br

Supports 60 ppb

• American Academy of

Pediatrics

• American Association of

Cardiovascular and Pulmonary

Rehabilitation

• American College of

Preventive Medicine

• American Heart Association• American Lung Association• American Public Health

Association

• American Thoracic Society

• Asthma and Allergy

Foundation of America

• National Association 

Medical Direction ofRespiratory Care

• National Association 

and City Health Offic

• National Environme

Association

• National Home Oxyg

Patients Association

• Physicians for Social

Responsibility

• Trust for America's H
EPA’s Proposed 65‐70 ppb Level Is 

Protective Than Many Countrie

Country 8 hour

standard

Exceedances

Allowed per Year

WHO 51

United Kingdom 51 10

European Union

(2010)

61 25 (per 3 years)

Ireland 61

Malaysia 61

Mongolia 61

Vietnam 61

Republic of Korea 61

Switzerland 61 1

Canada 65 3
The Form Weakens the Stand

Even More
A Weak Form Requires Stronger Stand

• Form:

– Ignores 3 highest ozone days each year

• 4th Highest 8‐hr daily max
A Weak Form Requires Stronger Stand

• Form:

– Ignores 3 highest ozone days each year

• 4th Highest 8‐hr daily max

– Only After 3 Years

• Averaging across multiple years allows many m

exceedances
A Weak Form

• Adds 7.2 – 8.1 ppb to the “level”• Allows for multiple exceedances

EPA’s Justification of “Administrative Stability” 

Supported by Data

0

0.5

1

1.5

2

2.5

3

3.5

1st highest based DV 2nd highest based DV 4th highest based DV

Change (ppb)

Average Year‐to‐Year Change (ppb):

1st vs. 2nd vs. 4th Highest Based Design Values

(2000‐02 through 2012‐14)

3.2

2.8

2.5

Ma

"sta

ben

at 

10%

difference

12%

difference
0

5

10152025

Days with8‐hour ozone levels at or above 75 ppb

Attainment Areas from Higher to Lower 2011‐13 Design Values, .075 ‐ .071 ppb

Many Areas That Repeatedly Have Unsafe Air are Judged in Compliance 

Will Never Have to Clean Their Air Due to EPA’s Form

Total days with 8‐hour ozone levels of 75 ppb or higher during 2011‐13 ozone seasonsOf that total, days in a single ozone season with 8‐hour ozone level of 75 ppb or higher
Children and EJ Communities 

the Greatest Risk from Smo
Children Are at Great Risk

• EPA’s Children’s Health Protection Advisory Committ

– “Children suffer a disproportionate burden of ozone‐relate

impacts due . . . that can result in permanent disability.”
Children Are at Great Risk

• EPA’s Children’s Health Protection Advisory Committ

– “Children suffer a disproportionate burden of ozone‐relate

impacts due . . . that can result in permanent disability.”

– “Children have increased susceptibility due to . . . increased 

physical activity compared with adults.”
Children Are at Great Risk

• EPA’s Children’s Health Protection Advisory Committ

– “Children suffer a disproportionate burden of ozone‐relate

impacts due . . . that can result in permanent disability.”

– “Children have increased susceptibility due to . . . increased 

physical activity compared with adults.”

– “The 6.8 million children suffering from asthma . . . are som

most vulnerable.”
Children Are at Great Risk

• EPA’s Children’s Health Protection Advisory Committ

– “Children suffer a disproportionate burden of ozone‐relate

impacts due . . . that can result in permanent disability.”

– “Children have increased susceptibility due to . . . increased 

physical activity compared with adults.”

– “The 6.8 million children suffering from asthma . . . are som

most vulnerable.”

– “strongly re‐affirm the recommendation of 60 ppb . . . the h

of the range . . . will not . . . protect children’s health.”
Environmental Justice Communities 

Great Risk

• Nationwide, people of color are signific

over‐represented in areas with unsafe a

• As air quality decreases, over‐represent

of people of color increases
People of Color Are Over‐Represented in Areas with Bad Air in t
And in the Midwest
And in the Northeast
Increased Air Pollution = Increased Representation of People o

Decreased White Representation
This Trend Is Observed Throughout the Nation
A Weak NAAQS Adversely Imp

EJ Communities
0

5

10152025

81 76 76 75 75 75 75 75 74 73 73 72 72 72 71 69 69 67 

Monitors in Houston Nonattainment Area (2012‐14 Calculated Design Value)

Number of Days Ozone Monitors in the Houston Nonattainment Area Exceed

the NAAQS (2012‐14)

Total Days with 8‐hour ozone levels of 75 ppb or higher during 2011‐2013 ozone seasons

Highest Of that total, days in a single ozone season with 8‐hour levels of 75 ppb or higherlevel:136

104 114

113

102

104

100

103

96

95

99

85 91

94

84

85 88 

88

‐15%‐10%

‐5%

0%5%

10%15%

% Black % Asian % Hispanic or

Latino

% White

Racial Over and Under Representation in

the Houston Nonattainment Area
0

2468

101214161820

Bucks ‐ (75 ppb) Delaware ‐ (74

ppb)

Philadelphia ‐ (75

ppb)

Chester ‐ (73

ppb)

Montgomery ‐

(72 ppb)

Philadelphia ‐ (5

ppb)

Monitors in Philadelphia, PA Area ‐ (2012‐14 Calculated Design Value)

Number of Days Ozone Monitors in the Philadelphia, PA Area

Exceeded the NAAQS (2012‐14)

Total Days with 8‐hour ozone levels of 75 ppb or higher during 2011‐13 ozone seasonsOf that total, days in a single ozone season with 8‐hour levels of 75 ppb or higher

Highestlevel: 94

86

87

78

77

87

‐20%‐15%‐10%

‐5%

0%5%

10%15%20%

% Black % Asian % Hispanic or

Latino

% White

Racial Over and Under Representation in

Philadelphia, PA
0

5

1015202530

79 78 76 74 72 70 70 70 70 70 70 68 67 

Monitors in the Chicago, IL Area (2012‐14 Calculated Design Value)

Number of Days Ozone Monitors in the Chicago, IL Area Exceeded

the NAAQS (2012‐14)

Total Days with 8‐hour ozone levels of 75 ppb or higher during 2011‐2013 ozone seasonsOf that total, days in a single ozone season with 8‐hour levels of 75 ppb or higher

Highest level:103

100 94

96

100

96

93

103 89

86

87

85 81

‐20%‐15%‐10%

‐5%

0%5%

10%15%20%

% Black % Asian % Hispanic or

Latino

% White

Racial Over and Under Representation in

Chicago, IL
EPA Cannot Rely On People St

Indoors To Justify 70 ppb
The Clean Air Act Mandates Air that Is S

All People to Breathe at All Times

– “the Clean Air Act . . . provid[es] citizens the oppo

pursue their normal activities in a healthy environ

(44 Fed. R
The Clean Air Act Mandates Air that Is S

All People to Breathe at All Times

– “the Clean Air Act . . . provid[es] citizens the oppo

pursue their normal activities in a healthy environ

(44 Fed. R

– “[The Clean Air Act] states that all Americans in a

the Nation should have clean air to breathe, air thhave no adverse effects on their health.”

‐ Senator Muskie, Se
A 70 ppb Standard Betrays the Clean Air 

Promise of Safe Air for All

• EPA uses diaries to assume most people will s

most of the time indoors to justify 70 ppb ba

“exposure estimates.”
A 70 ppb Standard Betrays the Clean Air 

Promise of Safe Air for All

• EPA uses diaries to assume most people will s

most of the time indoors to justify 70 ppb ba

“exposure estimates.”

• Even still, with a 70 ppb standard, EPA estima

– over a million sensitive individuals will experience 

air

– millions of kids will endure adverse lung function

decrements.
2008 Ozone Standard:

RACT and Transport

Coal EGUs = Easy NOx Reductio
RACT Is Installation And Operation Of SC

Coal Fired EGUs

• Reasonably Available Control Technolog

– “the lowest emissions limit that a particula

source is capable of meeting by the appliccontrol technology that is reasonably avail

considering technological and economic

feasibility”

– Economic feasibility for RACT purposes, as 

clarified “is largely determined by evidenc

other sources in a source category have in 

applied the control technology in question
RACT = SCR Installation

• SCR is in wide use in the coal fired EGU fleet

• 48% of coal fired EGUs have or will have SCR

– by MW, excluding announced retirements and units below 100 MW

• 37% of coal fired EGUs have or will have SCR

– by units, excluding announced retirements and units below 100 MW

• 52% of unannounced coal fired units have or will have SCR usin

cutoff

• SCR can achieve NOx reductions of well over 90%.

• Plants with SCR routinely emit NOx at levels well below .07 lbs/

• Scores of permits for new coal fired EGUs require SCR level em

below .07 lbs/MMbtu
RACT = SCR Installation

• EPA: “likely . . . very large [EGU] emissions

reductions . . . before costs [justify] non‐EG

• SCR with LNB and OFA: Between $1,210 a

$4,550 (2015$).

– See e.g., 77 Fed. Reg. 50,936; 78 Fed. Reg. 8,273–8,294 ; 77 Fed. Reg. 76,871 (Dec. 3

Reg. 76,871 (Dec. 31, 2012); 77 Fed. Reg. 72,511 (Dec. 5, 2012); 77 Fed. Reg. 72,511 

• SCR with sorbent injection: Between $1,69

$2,060 (2015$).

– See e.g., 76 Fed. Reg. 52,388 (Aug. 22, 2011).

• SCR alone $2,835 to $3,430 (2015$).

– 735 See e.g., 75 Fed. Reg. 64,221 (Oct. 19, 2010); 77 Fed. Reg. 51,915 (Aug. 28, 2012

80,754 (Dec. 27, 2011); 75 Fed. Reg. 64,221 (Oct. 19, 2010).
Many OTR States Are Imposin

Stringent RACT Standards

• New York: 0.12 lbs/MMBtu for tangential 

wall coal‐fired boilers, 0.08 lbs/MMBtu fofluidized bed coal‐fired boilers

• New Jersey: 1.50 lb/MWh per 24 hours oz

season

• Delaware: 0.125 lbs/MMBtu on a rolling 2

average basis

• Maryland: 0.07 or 0.08 lbs/MMBtu on a r

24‐hour average basis for units with existi0.09 lbs/MMbtu as a 30‐day average begin2020 for units without SCR
RACT = Operation Of SCRs

• Many of the 42% of EGUs with SCRs are not fully operating the

– In recent years, over 50 coal units with SCRs emitted NOx at level

greater than their best demonstrated rate

– 88 units emitted NOx at levels double their best rate– 135 units emitted NOx at levels 50% higher than their best rate
Emission Reductions from Operating SC

Highly Cost‐Effective

• Simply running already installed controls on coal uni

CSAPR region would:

– Eliminate 136,534 tons of ozone season NOx emission redu

– At a total cost of $63.5 million

– And a cost/ton of only $465
MD and PA Are At Risk Of Adopt

Weak RACT Standard

• MD: Governor Hogan has blocked MD’s R

standard and announced intentions to rolthe regulations adopted under O’Malley

• PA: Governor Wolfe’s DEP is considering a 

standard that would set a level of 0.12

lbs/MMbtu for controlled plants and allow 

controlled plants to continue operating wimodern controls (“SCR”)

• These states must have their RACT approv

EPA Region 3
Modeled Benefits of Installation and Ope

of SCR Controls on Eastern Coal Flee

Installation and operation of SCR controls on the full Eastern US 

fleet would result reduce total US NOx emissions by over 3/5th

(nearly 800,000 tons/year) providing significant air quality benef