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Fact Sheet - Revised Exceptional Event Data Flagging Submittal and Documentation Schedule Schedule Final Rule
ACTION
- On May 13, 2009, the Environmental Protection Agency (EPA) amended the March 2007 Exceptional Events Rule to include specific dates by which states must submit to EPA exceptional event claims that may affect the status of an area under the ozone standards revised in March 2008.
- Exceptional events are events that can affect air quality, are not reasonably controllable or preventable using techniques that tribal, state or local air agencies may implement in order to attain and maintain the National Ambient Air Quality Standards, and are either human caused events that are unlikely to recur in a particular location or naturally occurring events.
- The purpose of this rule is to provide states with as much lead time as practical to identify and submit supporting documentation for exceptional events that may affect ozone designations.
- The rule amends the existing Exceptional Events rule by providing a revised schedule. The new schedule provides that 2005-2007 data must be flagged in the Agency's AQS database not later than 30 days after this final rule is published in the Federal Register, and that all technical documentation to support exceptional event data status between the years of 2005 and 2007 must be provided to the Agency not later than 30 days after this final rule is published in the Federal Register. The Agency expects for this final rule to be published on or before May 29, 2009.
- Also, if a state intends for 2008 exceptional event data to be considered in ozone designations, 2008 data must be flagged with initial event descriptions and the state must submit detailed event documentation not later than 30 days after this final rule is published in the Federal Register. The Agency expects for this final rule to be published on or before May 29, 2009.
- If data from 2009 is to be considered, the data must be flagged with initial event descriptions and the state must submit detailed event documentation not later than 60 days after the end of the calendar quarter in which the event occurred or February 5, 2010, whichever date occurs first.
BACKGROUND
- The Exceptional Events Rule (Treatment of Data Influenced by Exceptional Events, March 22, 2007) provides a general schedule for flagging monitored data in the AQS database affected by exceptional events and submitting final documentation to support the claim.
- The Agency is authorized to revise the schedules by both the CAA section 319(b)(2) and the authority reserved in the Exceptional Events rule.
- EPA revised the ozone standard on March 12, 2008. The new standard of 0.075 ppm replaces the prior standard of 0.08. The Clean Air Act requires EPA to designate areas as attainment (meeting the standards), nonattainment (not meeting the standards), or unclassifiable (insufficient data to classify) after the Agency sets a new standard, or revises an existing standard. States must make recommendations to EPA no later than March 2009 for areas to be designated attainment, nonattainment and unclassifiable. EPA will issue final designations of attainment, nonattainment and unclassifiable areas no later than March 2010 unless there is insufficient information to make these designation decisions. In that case, EPA will issue designations no later than March 2011.
- This action was originally signed in January 2009 by the previous Administrator. The new EPA leadership reviewed it as part of a regulatory review initiated by the White House
FOR MORE INFORMATION
- To download a copy of the notice, go to EPA’s web site at: http://www.epa.gov/air/ozonepollution/actions.html
- Today’s final rule and other background information are also available either electronically at http://www.regulations.gov, EPA’s electronic public docket and comment system, or in hardcopy at the EPA Docket Center’s Public Reading Room.
- The Public Reading Room is located at EPA Headquarters, room number 3334 in the EPA West Building, 1301 Constitution Avenue, NW, Washington, DC. Hours of operation are 8:30 a.m. to 4:30 p.m. eastern standard time, Monday through Friday, excluding Federal holidays.
- Visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor materials will be processed through an X-ray machine as well. Visitors will be provided a badge that must be visible at all times.
- Materials for this action can be accessed using Docket ID No. EPA-HQOAR-2005-0159.
- For more information, call Thomas E. Link at EPA’s Office of Air Quality Planning and Standards, (919) 541-5456 or send an email to link.tom@epa.gov.