Office of Air and Radiation (OAR) FY 2020-2021 National Program Guidance: External Comments and Responses
June 7,2019
Issue Area
Comment
Commenter(s)
Location
Response
National
Ambient
Air Quality
Standards
(NAAQS)
States expend significant resources developing
plans to meet national ambient air quality
standards (NAAQS). AAPCA members agree
that early engagement with U.S. EPA Regional
Offices during the development of state
implementation plans (SIPs) is a key
component of improving the SIP process. A
collaborative approach that recognizes state
expertise on localized issues could lead to a
streamlined process resulting in SIPs being
approved in a timelier manner.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 2
A.1 National
Ambient Air
Quality
Standards
(NAAQS)
EPA recognizes the resources states expend to
attain the NAAQS and agree that early engagement
is critical during the development of SIPs,
especially complex draft SIPs. For example, EPA
will engage with air agencies early on to allow for
revisions to SIP packages prior to the comment
periods at the state and local level.
NAAQS
U.S. EPA Regional Office assistance and
technical support is important to SIP
development and should recognize the primary
role of states in developing these plans.
Working to reduce the current SIP backlog and
improve the approval process should be a
priority for U.S. EPA and U.S. EPA Regions in
order to help states in meeting attainment
deadlines.
In this draft Guidance, U.S. EPA OAR indicates
that an Expected Regional Activity will be to
"Assist air agencies in the revision of startup,
shutdown, and malfunction [SSM] regulations,
as appropriate." AAPCA members are
interested in more information from U.S. EPA
regarding expectations for revisions to SSM
regulations, and the necessary changes for
approval.
AAPCA
Page 3
A.1 NAAQS
A. 1.1 Expected
Regional
Activities
A.1.1.2 SIPs
Page 18
A.1 Continuing
Air Program
EPA has prioritized continued coordination and
engagement with states, specifically on SIPs. EPA is
focused on supporting air agencies in meeting
attainment deadlines. Regarding the SSM
regulations, the guidance identifies SSM as a
specific area where EPA would work to assist
states, as appropriate, in response to the 2015 SIP
Action that called a number of SIPs on the basis
that those SIPs contained deficient SSM provisions.
While the Agency is committed to assisting air
agencies in making the necessary revisions to
ensure their SIPs are approvable and up-to-date,
the Agency is in the process of reviewing the 2015
Action. When timely, EPA plans to provide
additional information regarding expectations for
what changes state air agencies may need to take
once EPA has completed its review.
NAAQS
Early and collaborative engagement with state
and local air agencies in the development of
guidance and regulations can bring important
AAPCA
Page 4
A.1 NAAQS
Over the past year, EPA issued several guidance
documents and other tools intended to support
streamlined implementation of the Exceptional
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Issue Area
Comment
Commenter(s)
Location
Response

on-the-ground expertise to the process as well
as provide vital information to U.S. EPA
regarding unique social factors. AAPCA
members appreciate U.S. EPA's recognition of
the need for engaging air agencies early in the
FY 2020 OAR National Program Guidance.
Exceptional events demonstrations require air
agencies to utilize significant resources to
exclude data that may have an adverse
regulatory impact Agencies have commented
in the past that demonstrations are often not
acted on by U.S. EPA. OAR prioritization of
improving the process for exceptional events
demonstrations, including acknowledgement
and timely review by EPA, is appreciated.

A. 1.1 Expected
Regional
Activities
A.l.1.3 Other
Events Rule. All of those documents were available
for air agency review prior to finalization, and EPA
appreciates the importance of that engagement.
EPA recommends that air agencies consult as early
as possible with Regional Offices before preparing
any exceptional events demonstrations.
NAAQS
So long as EPA provides documentation and
methodology well in advance of due dates, N.C.
DEQ-DAQ is prepared to submit data to EPA for
the nonpoint emissions for the 2020 NEI.
North Carolina
Department of
Environmental
Quality, Division
of Air Quality
(N.C. DEQ-DAQ)
Section A.l.2.3 -
number 5
In response to this comment, EPA has revised item
5 under section A.l.2.3 to reflect that comments in
2021 will only be expected for those nonpoint
methods that the EPA publishes during that time.
Likewise, only some data submissions will be
expected during 2021 and EPA indicates that those
submissions would be in accordance with the NEI
schedule. EPA notes that there are expected
activities for nonpoint source that continue into
2022, though this guidance does not cover that
period. EPA intends to publish the 2020 NEI
development plan by late winter of 2020.
NAAQS
So long as EPA provides documentation and
methodology well in advance of due dates, N.C.
DEQ-DAQ is prepared to submit data to EPA for
the point emissions for the 2020 NEI.
N.C. DEQ-DAQ
Section A.l.2.3 -
number 6
In response to this comment, EPA has clarified that
item 6 is intended to reflect the 2019 submission
requirement and item 7 is included to apply to the
2020 submission requirement. No guidance is
provided for the 2019 point source submissions,
though EPA staff are available to answer questions.
For the 2020 point emissions and other required
data such as mobile source activity data, EPA
intends to publish the 2020 NEI development plan
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Issue Area
Comment
Commenter(s)
Location
Response




by late winter of 2020, which should provide ample
time for submission of data required at the end of
2021.
NAAQS
N.C. DEQ-DAQ requests that this goal be
removed from the funding agreement.
Participation in the EPA ozone and PM Advance
programs is voluntary and should not be
included in a funding agreement.
N.C. DEQ-DAQ
Section A.l.2.3 -
number 8
OAR's National Program Guidance communicates
the range of activities state and local air agencies
may undertake, as appropriate. The Agency
recognizes that all items in the guidance are not
appropriate for all funding agreements. Funding
agreements are subject to discussions between the
states and EPA's Regional Offices.
NAAQS-
Tribes
In Section II, A, A.1 National Ambient Air
Quality Standards, the draft states, "EPA plans
to review the current NAAQS for ozone and
particulate matter by the end of 2020." Further,
"EPA will continue to work with air agencies on
all aspects of implementing the NAAQS." This
commitment is insufficient with respect to the
interests of Tribes and Alaska Native Villages.
Tribes should be aware of, and encouraged to
participate in, EPA processes for reviewing and
potentially revising any NAAQS. Both ozone
and particulate matter standards are of
particular importance given the current and
potential non-attainment status of Tribal lands
and the potential adverse health consequences
of degraded air quality. NAAQS consultation
and coordination with Tribes is important and
beyond"...implementing the NAAQS.
National Tribal
Air Association
(NTAA)
A.1 NAAQS
Sections 108 and 109 of the Clean Air Act fCAA1
govern the establishment, review, and revision, as
appropriate, of the NAAOS for each criteria air
pollutant to provide protection for the nation's
public health and the environment. The CAA
requires periodic review of the science upon which
the standards are based and the standards
themselves. Reviewing the NAAQS is a significant
undertaking and the Agency engages in multiple
phases involving planning as well as scientific,
risk/exposure, and policy assessment. Drafts of all
documents are available for review and comment
by the public. Taking into consideration this input,
EPA develops and publishes a notice of proposed
rulemaking communicating the Administrator's
proposed decisions on the review of the NAAQS. A
public comment period, during which public
hearings are often held, follows publication of the
notice of proposed rulemaking. Taking into account
comments received on the proposed rule, EPA
issues a final rule. In addition to the public efforts
in which tribes may participate, EPA is committed
to continue to work closely with tribes, Alaska
Native Villages, and NTAA to ensure early
involvement in the NAAQS process. EPA will
continue to regularly offer consultation to those
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Issue Area
Comment
Commenter(s)
Location
Response




tribes who request consultation as well as ongoing
and regular discussion with tribes on the NAAQS
and other important air quality policy issues.
NAAQS-
Tribes
Tribes must be engaged with EPA at any time
NAAQS are revised and attainment/non-
attainment designations are contemplated.
EPA's issuance of "120-day day letters" is
insufficient NTAA recommends continuous
coordination with Tribes on potential area
designations/re-designations as essential to
the health, economic and environmental
interests of Tribes.
NTAA
A.l.1.1
Designations
EPA will engage with tribes on potential area
designations/redesignations and clean data
determinations, as appropriate. In addition to the
public efforts in which tribes can participate, EPA
has historically worked closely with tribes and
NTAA to ensure early involvement in the NAAQS
process. EPA will continue to regularly offer
consultation to those tribes who request
consultation as well as ongoing and regular
discussion with tribes on the NAAQS and other
important air quality policy issues. EPA will
continue to follow the process discussed in the
2011 "Guidance to Regions for Working with
Tribes during the National Ambient Air Oualitv
Standards CNAAOSl Designations Process."
NAAQS-
Tribes
Additionally the Draft Guidance calls for EPA
to "Issue attainment determination actions and
Clean Data Determinations for areas that are
nonattainment for the 2008 and 2015 ozone
NAAQS, the 2006 and 2012 PM2.5 NAAQS, and
the 2010 S02 NAAQS." It is imperative that
consultation and coordination with all
potentially affected Tribes occur before EPA
contemplates such an action. Non-attainment
with one or more NAAQS, and the causes and
effects of such conditions, are significant
concerns to many Tribes.
NTAA
A.l.1.3 Other
EPA will engage with tribes on attainment
determinations, as appropriate. In addition to the
public efforts in which tribes can participate, EPA
has historically worked closely with tribes and
NTAA to ensure early involvement in the NAAQS
process. EPA will continue to regularly offer
consultation to those tribes who request
consultation as well as ongoing and regular
discussion with tribes on the NAAQS and other
important air quality policy issues. EPA will
continue to follow the process discussed in the
2011 "Guidance to Regions for Working with
Tribes during the National Ambient Air Oualitv
Standards CNAA0S1 Designations Process."
NAAQS-
Tribes
NTAA has previously commented on its
interest in EPA support for collaborative efforts
between Indian Tribes, state governments, and
other local air pollution control agencies.
NTAA
A.1
Thank you for your comment. EPA has provided
information on its application of Lean tools to the
SIP process on NTAA calls and intends to continue
to share pertinent information through that forum.
4

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Issue Area
Comment
Commenter(s)
Location
Response

However, the draft guidance in A.1 related to
the more efficient processing of state
implementation plans (SIPs) does not appear
to take into consideration Tribes' interest in
working with states on the development of
SIPs. This collaboration, consultation, and
cooperation becomes more critical as EPA
seeks to push more enforcement and standard
setting back to State and Tribal air quality
programs. The draft guidance should
specifically incorporate a consultation
requirement for states with Tribes as part of
the SIP development process.



Regional
Haze
AAPCA members recognize U.S. EPA's recent
work with states to replace regional haze
federal implementation plans (FIPs) with state
implementation plans (SIPs) and look forward
to continued collaboration to improve the
development and approval process under the
Regional Haze Rule.
AAPCA
Page 5
A.2 Regional
Haze
A.2.1 Expected
Regional
Activities
Thank you for your comment. EPA is committed to
working collaboratively with states to replace
regional haze FIPs from the first planning period
with state submitted approvable SIPs.
Regional
Haze
N.C. DEQ-DAQ strongly urges EPA to release its
final Regional Haze guidance by the Spring of
2019.
N.C. DEQ-DAQ
Section A.2 -
Regional Haze
EPA is committed to issuing this guidance in a
timely manner to help states develop their regional
haze plans.
Regional
Haze
NTAA is pleased to see Regional Haze (RH)
included as one measure of Expected Air
Agency Activities. Tribes were very active in
the first round of RH State Implementation
Plan (SIP) preparations. However, that
participation was largely due to money
provided to the Regional Planning
Organizations that led this work effort. That
funding has not been renewed, and RH SIP
work is now mostly being done through Multi-
Jurisdictional Organizations, many of which
have a pay-to-play structure that precludes
Tribes from participating fully due to lack of
NTAA
A.2 Regional
Haze
EPA is aware of the importance of tribes' past and
current role in Regional Haze and Regional
Planning Organizations activities. While the
referenced funding is not included in the FY 2020
President's Budget, EPA has previously discussed
with and encouraged NTAA to participate in
Regional Haze/Multi-Jurisdictional Organizations
meetings or other related air quality forums using
the NTAA grant directly, as appropriate and
allowable. Tribes may also work with their EPA
Regional Office to decide if General Assistance
Program (GAP) or other grant funding is available
for this important work.
5

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Issue Area
Comment
Commenter(s)
Location
Response

travel funds to attend meetings. Restoring
funding for this important work would help
Tribes contribute to the final products.



Title V and
New Source
Review
Permitting
- Tribes
With respect to Title V and New Source Review
Permitting (A.3), the EPA wants to "recognize
the primacy of SIP-approved PSD permitting
programs." This statement represents the
EPA's changed positions on its overview
responsibilities under the Title V permitting
program. While the draft guidance includes
some activities related to supporting Tribes,
and others, to participate in state permitting
processes, the EPA should - due to its trust
responsibilities to Tribes and Tribal
environments - develop and promote efforts to
pilot collaborative approaches between states
and Tribes in Title V permitting. The guidance
should include specific actions that require
both EPA and air agency consultation with
Tribes if directly affected by Title V, NSR and
PSD permitting.
NTAA
A.3 Title V and
New Source
Review
Permitting
EPA agrees that the relationship among tribes, the
federal government, and states is important when
developing air quality control programs. EPA will
continue to follow existing guidance regarding
consultations on air permits such as the October
2012 memorandum regarding timelv processing of
PSD permits when EPA or PSD delegated air agencv
issues the permit
Ambient
Monitoring
/Grant
Funding
The draft guidance notes the phasing out the
use of section 103 funding authority for PM2.5
monitoring and transitioning to section 105
funding. If the PM2.5 network is transitioned
into the 105 grant, which requires a minimum
match of 40%, the WI DNR would not have
adequate state funding to provide the
additional match on the 105 grant and be
forced to reduce the monitoring network and
likely not meet EPA requirements.
Wisconsin
Department of
Natural
Resources
(WDNR)
Ambient
Monitoring
appendix, pages
3,8
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for a potential transition of the PM2.5
network.
6

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Issue Area
Comment
Commenter(s)
Location
Response
Ambient
Monitoring
/Grant
Funding
EPA is proposing to begin shifting funding for
the fine particulate matter (PM2.5) monitoring
network from Section 103 to Section 105
authority, which would require state and local
agencies to provide matching funds. The PM2.5
monitoring program has been funded under
Section 103 and this arrangement has worked
very well. NACAA recommends that it continue
and, therefore, we oppose the transition of the
program to Section 105 authority. The
proposed shift would require state and local
agencies to provide a 40-percent match, which
not all agencies can afford. Those agencies that
are unable to provide matching funds would
not be able to accept the grants for these
important monitoring programs. As a result,
these agencies could be forced to discontinue
required monitoring at existing sites. Since
these are nationwide monitoring efforts,
NACAA believes the funding should be
provided under Section 103 authority so it is
accessible to all, regardless of their ability to
match the grants.
National
Association of
Clean Air
Agencies
(NACAA)
Page 18
Continuing Air
Program,
Ambient
Monitoring
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for a potential transition of the PM2.5
network.
Ambient
Monitoring
EPA is considering establishing a small
network of daily filter-based PM2.5 speciated
measurements in the most populated cities in
the country. EPA should do a cost-benefit
analysis of sampling utilizing the current
speciated PM2.5 method, considering the
practicality of employing a daily discrete
sampling method while encouraging states to
move towards continuous methods for PM2.5.
NACAA
Page 18
Ambient
Monitoring
appendix, page 5
EPA and states have dedicated significant
resources towards investigating opportunities in
continuous speciation both in the mid-2000s and
more recently with the sunset carbon analyzer
("see: https://www.epa.gov/sites/production/
files/2019-05 /documents/sunset epa-454r-19-
005 l.pdf). Such investments have notvielded
solutions for daily speciation that are practical or
cost-effective such that the Agency can move away
from filter-based speciation methods. While EPA
has not committed to a small network of daily
speciation using filter-based methods, EPA does
think utilizing filter-based methods at this point is
7

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Issue Area
Comment
Commenter(s)
Location
Response




the best option, both in terms of the quality of the
data and as there is an economy of scale in EPA's
laboratory contracts (i.e., the more samples that
are ordered, the better price EPA will receive).
As part of EPA's longstanding monitoring strategy,
EPA continues to encourage states to move
towards continuous methods for PM2.5; this is also
noted in the National Program Guidance
Monitoring Aooendix.
Ambient
Monitoring
EPA is considering establishing a small
network of daily filter-based PM2.5 speciated
measurements in the most populated cities in
the country. The National Program Guidance
proposal includes PM2.5 monitoring funds
shifting away from section 103 authorization.
EPA should do a cost benefit analysis of
sampling utilizing the current speciated PM2.5
method, considering the practicality of
employing a daily discrete sampling method
while encouraging states to move towards
continuous methods for PM2.5.
WDNR
Ambient
Monitoring
appendix, page 5
EPA and states have dedicated significant
resources towards investigating opportunities in
continuous speciation both in the mid-2000s and
more recently with the sunset carbon analyzer
(see: https://www.epa.gov/sites/production/
files/2019-05 /documents/sunset epa-454r-19-
005 l.pdfl. Such investments have notvielded
solutions for daily speciation that are practical or
cost-effective such that the agency can move away
from filter-based speciation methods. While EPA
has not committed to a small network of daily
speciation using filter-based methods, EPA does
think utilizing filter-based methods at this point is
the best option, both in terms of the quality of the
data and as there is an economy of scale in EPA's
laboratory contracts (i.e., the more samples that
are ordered, the better price EPA will receive).
As part of EPA's longstanding monitoring strategy,
EPA continues to encourage states to move
towards continuous methods for PM2.5; this is also
noted in the National Program Guidance
Monitoring Aooendix.
Ambient
Monitoring
U.S. EPA OAR indicates that an Expected
Regional Activity is to "Review states' annual
network plans and act on requests for changes
AAPCA
Page 8
A. 4 Ambient Air
Monitoring for
EPA will continue to work towards timely approval
of state and local monitoring plans.
8

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Issue Area
Comment
Commenter(s)
Location
Response

in state and local monitoring plans within 120
days." Appropriately timed approval of these
plans, and related changes, will help air
agencies fulfill Clean Air Act obligations.

Criteria
Pollutants
A.4.1 Expected
Regional
Activities

Air Toxics
The timing of U.S. EPA's release of the 2014
National Air Toxics Assessment (NATA)
created communication difficulties for several
state and local air agencies. U.S. EPA should
continue to coordinate with air agencies on the
2017 NATA data review and development
AAPCA
Page 9
A.5 Air Toxics
Program
Implementation
A.5.1 Expected
Air Agency
Activities
EPA acknowledges the communication challenges
associated with the 2014 NATA and will work to
better coordinate with air agencies on the 2017
NATA data review and development.
Air Toxics
EPA emphasizes activities to "support and
assist air agencies in addressing air toxics" and
calls upon the regional offices to "delegate and
assist air agencies with Section 111, 112, and
129 standards." This assistance is certainly
necessary, but if EPA intends to rely on state
and local air agencies to implement the air
toxics program it is equally important that the
agency provide adequate resources in the form
of increased federal grants.
NACAA
Page 9 Aii-
Toxics Program
Implementation
EPA recognizes that there are not enough federal
resources to fully support state air program needs
and, as a result, EPA is prepared to work with
states using established work-planning processes
to provide flexibility and tailor work expectations
and resource allocations to meet local
circumstances, while ensuring that legal
requirements are met.
Mobile
Sources
Emissions from mobile sources, both heavy
duty and light duty, continue to be a significant
contributor to ozone concentrations in ozone
nonattainment areas. Since states are very
limited in their ability to address emissions
from this sector, EPA needs to include agency
commitments to continue to undertake actions
to reduce mobile source emissions.
WDNR
Pages 11-12
EPA takes seriously states' interest in making
progress toward ozone attainment goals through
reduction in emissions from mobile sources. EPA is
committed to and working toward proposing new
NOx standards for heavy duty trucks through the
Cleaner Trucks Initiative, which has already
benefitted from direct state input and through
organizations including the Lake Michigan Air
Directors Consortium (LADCO), AAPCA, and
NACAA. EPA will also continue to facilitate state
efforts to make progress toward attainment goals
through mobile source partnership programs that
9

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Issue Area
Comment
Commenter(s)
Location
Response




include the DERA Clean Diesel Grant Program and
the EPA Ports Initiative.
Mobile
Sources
Emissions from mobile sources, both heavy
duty and light duty, continue to be a significant
contributor to ozone concentrations in ozone
nonattainment areas. Since some states are
very limited in their ability to address
emissions from this sector, EPA needs to
include agency commitments to continue to
undertake actions to reduce mobile source
emissions.
NACAA
Page 11-12
Mobile Source
Programs
EPA takes seriously states' interest in making
progress toward ozone attainment goals through
reduction in emissions from mobile sources. EPA is
committed to and working toward proposing new
NOx standards for heavy duty trucks through the
Cleaner Trucks Initiative, which has already
benefitted from direct state input and through
organizations including LADCO, AAPCA, and
NACAA. EPA will also continue to facilitate state
efforts to make progress toward attainment goals
through mobile source partnership programs that
include the DERA Clean Diesel Grant Program and
the EPA Ports Initiative.
Mobile
Sources
AAPCA members remain concerned that heavy
and light-duty diesel vehicle emission control
systems tampering significantly impacts air
quality. U.S. EPA OAR should work with air
agencies to prioritize curtailing the
manufacture and installation of these devices,
particularly in areas that do not currently meet
the NAAQS for fine particulate matter and
ozone.
AAPCA
Page 11
A. 8
EPA will continue to work with the Office of
Enforcement and Compliance Assurance (OECA) as
well as air agencies on these priorities.
Allowance
Trading
and Other
Stationary
Source
Programs
The draft guidance fails to include how EPA
intends to address interstate ozone transport
issues beyond continued implementation of the
Cross State Air Pollution Rule (CSAPR). EPA's
modeling among others, shows that
Sheboygan, Wisconsin will not attain the 2015
ozone NAAQS without significant emissions
reductions from upwind states. EPA actions to
address this issue need to be specifically added
to the NPG.
WDNR
Pages 10-11
The CAA's "good neighbor" policy requires states
and EPA to address interstate transport of air
pollution that affects downwind states' ability to
attain and maintain the NAAQS. EPA is committed
to a "SIP-first" approach with states to provide the
technical tools and information to facilitate "good
neighbor" state plans addressing interstate
transport for ozone. In addition, EPA is currently
reviewing transport SIPs regarding the 2015 ozone
NAAQS. After review, EPA will determine if further
action is needed.
10

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Issue Area
Comment
Commenter(s)
Location
Response
Allowance
Training
and other
Stationary
Source
Programs
The draft guidance fails to include how EPA
intends to address interstate ozone transport
issues beyond continued implementation of the
Cross State Air Pollution Rule (CSAPR). EPA's
modeling shows that numerous areas will not
attain the 2015 ozone NAAQS without
significant emissions reductions from upwind
states. EPA actions to address this issue need to
be specifically added to the guidance.
NACAA
Page 10-11
Allowance
T rading and
Other Stationary
Source
Programs
The CAA's "good neighbor" policy requires states
and EPA to address interstate transport of air
pollution that affects downwind states' ability to
attain and maintain the NAAQS. EPA is committed
to a "SIP-first" approach with states to provide the
technical tools and information to facilitate "good
neighbor" state plans addressing interstate
transport for ozone. In addition, EPA is currently
reviewing transport SIPs regarding the 2015 ozone
NAAQS. After review, EPA will determine if further
action is needed.
Allowance
Trading
and Other
Stationary
Source
Programs
N.C. DEQ-DAQ notes that the NPM language
"CSAPR requires 27 states in the eastern half of
the US..." is incorrect. Rather there are 22
states listed in this rulemaking. Please provide
your list of 27 states in the response,
http s: / /www. gpo. gov /fdsvs /pkg /FR- 2016-10-
26/pdf/2016-22240.pdf
N.C. DEQ-DAQ
Section A.7 -
Allowance
Trading and
Other Stationary
Source
Programs
The language in the National Program Guidance
refers to the 27 states covered under the final
Cross-State Air Pollution Rule (CSAPR] and the
CSAPR Update Rule. Of those states, 17 are covered
by both rules, five are covered by CSAPR only, and
five are covered by the CSAPR Update only. For a
map of the states affected by the CSAPR rules, see:
https://www.epa.gov/airmarkets/map-states-
covered-csapr.
Allowance
Trading
and Other
Stationary
Source
Programs
N.C. DEQ-DAQ provides technical assistance
with regard to monitor certifications,
emissions monitoring and non-electronic
reporting. Any requirements for electronic
reporting to EPA needs to be supported by
EPA.
N.C. DEQ-DAQ
Section A.7.1 -
number 2
The statement in the National Program Guidance
covers both electronic and non-electronic
reporting.
Allowance
Trading
and Other
Stationary
Source
Programs
N.C. DEQ-DAQ requests that this goal be
modified to say: "Perform electronic review of
monitor audits using ECMPS or CDX for
certifications of Part 75 continuous emissions
monitoring systems (CEMS). Perform
compliance evaluation of periodic emissions
and audits reported by sources." Remove the
obligation to do Part 75 field audits unless
additional funding is provided.
N.C. DEQ-DAQ
Section A.7.1 -
number 3
Accurate emission data are essential to ensure
sources are complying with the emission limits of
CSAPR. EPA has asked affected states to conduct
Part 75 field audits, which are intended to assess a
monitoring system's performance and a source's
compliance with monitoring requirements. EPA is
prepared to work with air agencies to adjust
priorities, as necessary and appropriate. Also, EPA
provides training and makes tools and data
available to help states prepare for and conduct
11

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Issue Area
Comment
Commenter(s)
Location
Response




field audits.
Allowance
Trading
and Other
Stationary
Source
Programs
Recommend removal of the language, unless
additional funding is provided.
N.C. DEQ-DAQ
Section A.7.1 -
number 4
Providing audit and corrective action reports to
EPA is an important existing and ongoing state and
local agency activity. EPA is prepared to work with
air agencies to adjust priorities, as necessary and
appropriate.
Tribal
Programs
Restore continuation of funding and support
for Voluntary and Non-Regulatory Programs
such as IAQ, Radon, and Climate Change. This
guidance shows no support for important air
quality program guidance for voluntary and
non-regulatory programs such as radon, indoor
air quality, asthma and climate change. Tribes
will continue to be adversely impacted by the
elimination of grants and programs that
provide immediate and long-term support
needed to improve the health of Tribal
communities. Tribes and Alaskan Native
Villages and the United States will continue to
be affected by warming temperatures due to
climate change.
NTAA
Section II and
Section III
Programs proposed for elimination in the
President's FY 2020 Budget are not included in
OAR's National Program Guidance for FY 2020-
2021.
Tribal
Programs
Furthermore, the NTAA seeks further
clarification of the EPA item A. 1.1.3.8 and
A.l.2.3.9 regarding "clarifying air quality
management authority for non-reservation
tribal lands." These statements seem to imply
that there are different jurisdictional
authorities over Tribal lands. From a state law
and jurisdiction perspective, there is no
difference between reservation lands and trust
lands. The term "non reservation tribal lands"
needs to be more specifically defined in this
guidance to ensure continued clarity of state
versus federal and tribal jurisdiction.
NTAA
A.l.1.3.8 and
A.l.2.3.9 Other
EPA recognizes that this language was confusing
and has removed both activities.
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Issue Area
Comment
Commenter(s)
Location
Response
Tribal
Programs
Restore and increase funding to Tribal Air
Programs above FY 2018 levels
Tribes are important co-regulators of air
quality, working with federal, state, and local
agencies to assess, monitor, and manage
regional air quality. While Tribal Air Quality
Programs have been growing in number,
annual federal funding has been reduced.
NTAA recognizes FY2020-2021 Guidance is
based on the FY 2018-2022 EPA Strategic Plan
and the FY 2020 President's Budget Request, a
budget which proposes dramatic cuts to the
EPA. As a result, the proposed budget reduces
funding to several important air grant and air
programs including the Tribal Air Program,
EPA, and OAR. While funding for air quality
programs has been stagnant for several years,
NTAA consistently recommends increasing
funding in order for Tribal Air Quality
Programs to restore funding for existing
established Tribal Air Quality Programs to the
highest historical funding levels, provide
additional funding for Tribes seeking to
establish an air program of their own, and
create new funding streams to address IAQ,
climate change, and wildfire smoke.
NTAA
General
Please note that Congress ultimately determines
the EPA's funding level through the appropriations
process.
Tribal
Programs
Under the heading of "Improving Air Quality in
Indian Country and Alaska Native Villages" the
first sentence of the first paragraph includes a
reference to ETEPs that should be deleted, so
that the sentence reads "EPA Regions working
with tribal and Alaska Native Village air
agencies are encouraged to use the work-
planning process to provide flexibility and
tailor work expectations and resource
allocations to meet local circumstances."
Tribal Co-Chair,
Region 9
Regional Tribal
Operations
Committee
(RTOC)
OAR
Section II.A.9,
page 12
Please refer to the Office of International and Tribal
Affairs' (OITA) response to comments document
which includes the agency's response to this issue.
13

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Issue Area
Comment
Commenter(s)
Location
Response

As provided in the 2013 GAP Guidance, ETEPs
are intended to inform GAP workplans and to
reference in measuring performance under
GAP. "Established" ETEPs contain provisions
specifically to serve this purpose and were not
intended by the Tribes that have approved
ETEPs to inform any other aspect of the
relationship between Tribes and EPA.




If the Agency wants to consider and propose a
regulation or policy to more broadly rely on
ETEPs to define the relationship between
various EPA offices including OW and Tribes, it
should do this in an action separate from the
NPMG development process, after thorough
and meaningful government-to-government
consultation as required by EPA's 2011 Policy
on Consultation and Coordination with Indian
Tribes.



Tribal
Programs
Restore continuation of funding and support
for Voluntary and Non-Regulatory Programs
such as IAQ, Radon, and Climate Change. This
guidance shows no support for important air
quality program guidance for voluntary and
non-regulatory programs such as radon, indoor
air quality, asthma and climate change. Tribes
will continue to be adversely impacted by the
elimination of grants and programs that
provide immediate and long-term support
needed to improve the health of Tribal
communities.
Tribal Co-Chair,
Region 9 RTOC
Section II and
Section III
Programs proposed for elimination in the
President's FY 2020 Budget are not included in
OAR's National Program Guidance for FY 2020-
2021.
Tribal
Programs -
SIP
The draft guidance should specifically
incorporate a consultation requirement for
states with Tribes as part of the SIP
development process.
Tribal Co-Chair,
Region 9 RTOC
A.1
EPA agrees that the relationship among tribes, the
federal government, and states is important when
developing air quality control programs. EPA has
been encouraged by the partnering over the last
14

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Issue Area
Comment
Commenter(s)
Location
Response




several years specifically between the NTAA and
their state counterparts. EPA expects to continue
working with the NTAA, as desired and requested,
to further facilitate partnerships among state and
tribal air quality programs.
Tribes -
General
Include funding and support for Wildfire
Threats. The United States has seen increases
in fire activity, including area burned, number
of large fires, and fire-seasons length. Tribes
are actively engaged in planning and
responding for increasing and interacting risks
of catastrophic wildfire and warm drought,
leading to ambient and indoor air pollution and
emergency management issues. Tribes now
need to address periods of degraded air
quality, additional carbon emissions, health
care issues from smoke exposure, and
emergency management due to increased
wildfire activity and smoke.
NTAA

EPA is aware of the added stress to air quality from
wildfires and recognizes the work tribes are doing
to address the issue. EPA will take this important
comment under consideration as we develop
future budgets.
Homeland
Security
The draft guidance talks specifically about
expected regional commitments of
disseminating information and providing
leadership to support the RadNet program but
fails mention state support of the required bi-
weekly, manual sample installation and
collection that is the unfunded basis for the
program.
WDNR
Page 16
The guidance includes a new sentence in the
introduction of this section on page 16 to address
this comment
Grants -
General
U.S. EPA's acknowledgement of potential
changes in budgetary circumstances, including
the impact of court decisions, and the
willingness to work with air agencies to
continue meeting air quality priorities is
appreciated by AAPCA members. Flexibility in
the planning process due to budget issues
allows state and local air agencies to be
creative and best utilize funding.
AAPCA
Page 17
Section III.
Flexibility and
Grant Planning
Thank you for your comment. EPA will work with
states using established work-planning processes
to provide flexibility and tailor work expectations
and resource allocations to meet local
circumstances, while ensuring that legal
requirements are met.
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Issue Area
Comment
Commenter(s)
Location
Response
Grants -
General
U.S. EPA OAR indicates under Future
Refinements to the Allocation of §105 Grants
that "EPA remains interested in moving toward
a more up-to-date allocation methodology. OAR
will share any proposed refinements to the
allocation methodology with interested parties
for review and public comment prior to making
any changes." U.S. EPA OAR should engage and
inform state and local air agencies early in this
review and potential revision of the allocation
methodology.
AAPCA
Page 20
B. Allocation of
§105 Grants
EPA will actively engage states and local air
agencies in any review and potential revision of the
allocation methodology that may be undertaken in
the future.
Grants -
General
ECOS opposes the shifting of PM2.5 state grant
funding from the Clean Air Act (CAA) §103
program, which does not require a state
funding match, to the CAA §105 program which
requires a 40% state match or Maintenance of
Effort (MOE). States assume significant
administrative implementation costs for many
regulatory programs, and these costs are often
not clearly or fully reflected in the funding
levels outlined by Congressional or Executive
budget materials. As a result, states often
struggle to meet this 40% or MOE match on top
of existing program implementation costs.
Thus, the shift of funding to the CAA §105
program, as proposed in recent President's
Budget Requests, would result in an added
financial burden on states and decreased
flexibility in their regulatory activities.
Environmental
Council of States
(ECOS)
Page 20
Section III-B:
Allocation of
§105 grants
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for the potential transition of the PM2.5
network.
Grants -
General
The draft guidance reflects the presidents
requested budget for air grants. A significant
decrease in funding to programs has been
proposed. If these significant cuts are realized,
it will make the core work activities noted in
the guidance difficult, if not impossible, to carry
out
WDNR
Pages 17-20
As noted on page 1 of OAR's National Program
Guidance, EPA recognizes that there will not be
enough resources to do everything. EPA is
prepared to work with air agencies to adjust
priorities, as necessary and appropriate.
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Issue Area
Comment
Commenter(s)
Location
Response
Grants -
General
The draft guidance notes an interest on EPA's
part in implementing a revised methodology
for Section 105 funds. Air agencies should be
engaged in development, discussions, and
review of proposed changes to allocation
methodology, as much of what has been
presented previously shows some parts of the
country losing funding they have been relying
on for years.
WDNR
Page 20
EPA will actively engage states and local air
agencies in any review and potential revision of the
allocation methodology that may be undertaken in
the future.
Grants -
General
The ability of state and local agencies to meet
the EPA's expectations detailed in Section III-
A.1 Continuing Air Program with respect to
ambient monitoring is, in part, contingent on
funding. Section III. Flexibility and Grant
Planning in the OAR NPM Guidance notes that
"funding of air monitoring, including a
proposed transition in funding authorities for
PM2.5 monitoring" is being proposed. More
specifically, EPA is proposing to transition the
funding authority for PM2.5 monitoring from
Clean Air Act section 103 to section 105.
The N.C. DEQ opposes the proposal to
transition funding for PM2.5 from CAA Section
103 to 105. The PM2.5 monitoring program
has been funded under Section 103 and this
arrangement has worked very well. There is
no legal or scientific basis to propose this
change. First, the law clearly provides that the
EPA Administrator is authorized to make
grants to "conduct...studies relating to the
causes [and] ..extent of air pollution." The CAA
Section 103 funding is being used precisely for
these purposes. There is nothing in the law
that requires a transition. The PM2.5 program
has been and continues to be one of the most
successful monitoring programs precisely
N.C. DEQ-DAQ
Section III.
Flexibility and
Grant Planning
A.1 Continuing
Air Program.
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for the potential transition of the PM2.5
network.
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Issue Area
Comment
Commenter(s)
Location
Response

because the EPA has funded the program in
this manner.



Grants -
General
The N.C. DEQ-DAQ strongly supports EPA
moving toward a more up-to-date Section 105
allocation methodology and data. The N.C.
DEQ-DAQ provided supportive comments on
the November 21, 2016 proposal and reiterates
those thoughts here. We applaud EPA's efforts
to develop a methodology that will result in a
fair and equitable distribution of the limited
Section 105 grant funds. In particular, N.C.
DEQ-DAQ agrees with the proposed weighting
of the monitoring program as the highest
amount. The air agencies expend the most
time and resources on the operation of the
monitoring networks, and the resulting data
provides the basis for much of the rest of the
work performed by the air programs.
N.C. DEQ-DAQ also agrees with the delineation
of 90 percent of the funding to cover the
routine, ongoing operations of the air programs
and 10 percent to cover the new and emerging
activities. This provides a stable funding basis
for the programs while recognizing other
emerging efforts also need additional funding
to help cover the costs of those activities. One
element of the "short-term factors" includes
the consideration of the implementation of the
sulfur dioxide (S02) NAAQS. We strongly
support a weighting of at least 5.5% for the
number of S02 sources on the DRR list As
states implement the S02 standard, we are
getting a better understanding of the
significant amount of time and resources
needed to address those issues. Considering
N.C. DEQ-DAQ
Section III.
Flexibility and
Grant Planning.
B. Allocation of
§105 Grants
Thank you for your comment. EPA will consider
this comment as we consider opportunities to
utilize a refreshed and refined allocation
methodology that meets the needs of state and
local air agencies. Also, EPA will actively engage
states and local air agencies in any review and
potential revision of the allocation methodology
that may be undertaken in the future.
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Issue Area
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Commenter(s)
Location
Response

that as a short-term allocation factor is
critically important in this cycle.
N.C. DEQ-DAQ encourages immediate
implementation of the new allocation
methodology. However, we understand that
EPA considered (in late 2016) a phased
implementation approach that would limit
regional losses to more than 2.5% from each
region's prior year amount If this is the
approach EPA implements, we suggest
consideration of the regional losses
experienced over that last decade as well. One
way to account for those losses is through a
separate air quality focused grant that
represents a direct equity adjustment for the
unrealized funds.



Grants -
General
EPA appropriately acknowledges that there
will not be sufficient resources for all activities
and priorities may vary throughout the nation.
NACAA supports EPA's plan to work with state
and local air agencies "to adjust resources to
meet changing priorities," to work
collaboratively with state and local air agencies
to resolve planning issues and to provide
flexibility in developing workplans.
NACAA
Page 1
Introduction
Page 17
Flexibility and
Grant Planning
EPA is committed to working collaboratively with
air agencies through the work planning process.
Grants -
General
The FY 2020 Administration budget request
calls for $152 million in grants for state and
local air quality agencies under Sections 103
and 105, which is a reduction of 33 percent
from the FY 2019 level ($228.2 million). Such
cuts would be devastating to state and local air
quality programs and detrimental to public
health and welfare. NACAA recommends that
Section 103/105 grants be increased by $82
million (to $310 million), which is equal in
NACAA
Page 17 Grant
Assistance to
Co-
Implementers
As noted on page 1 of OAR's National Program
Guidance, EPA recognizes that there will not be
enough resources to do everything. EPA is
committed to working collaboratively with air
agencies through the work planning process.
19

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Issue Area
Comment
Commenter(s)
Location
Response

purchasing power to the amount provided 15
years ago when adjusted for inflation (these
grants were $228 million in FY 2004).



Grants -
General
AAPCA members are concerned with U.S. EPA's
proposal to "transition the funding authority
for PM2.5 monitoring from section 103 to
section 105" in FY 2020. This proposed
transition could adversely impact the budgets
of some air agencies due to the fact that Clean
Air Act (CAA) Section 105 requires a funding
match by air agencies, whereas CAA Section
103 does not This concern is further
compounded by the potential lowering of the
fine particulate matter NAAQS pursuant to a
current review (scheduled to be completed in
late-2020), which may initiate additional
monitoring requirements.
AAPCA
Page 18
A.1 Continuing
Air Program
Page 3
Monitoring
Appendix
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for the potential transition of the PM2.5
network.
Grants -
General
Scientifically transitioning the funding
jeopardizes the success of this program and is
unsupportable. PM2.5 is one of the most
important pollutants with respect to public
health impacts. As researchers learn more
about the impacts of PM2.5, the need to
continue to collect more - not less -data,
including speciation data, is critical. Ambient
monitoring of PM2.5 is evolving and improving
as the community moves from gravimetric
filters to continuous monitors. These
continuous monitors are improving and new
devices are being tested at the federal and state
level using 103 grant funding. These
continuous monitors provide real-time data
that is being used to help EPA and states
forecast air quality and allow citizens to make
important health decision on a real-time
N.C. DEQ-DAQ
General
The transition of the funding for the PM2.5
monitoring network to Section 105 authority
proposed in the FY 2020 President's Budget is
appropriate given the maturity of this network.
The PM2.5 monitoring network is more in line with
the intent of Section 105 to provide grants "for the
prevention and control of air pollution or
implementation of national primary and secondary
ambient air quality standards." EPA understands
the challenges posed by the match requirements.
While final congressional approval of the budget in
recent years has precluded EPA from making the
transition, EPA encourages states to continue to
plan for the potential transition of the PM2.5
network.
20

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Issue Area
Comment
Commenter(s)
Location
Response

basis. The transition to 105 funding will also
put additional stressors on state budgets as
additional match and maintenance-of-effort
funding requirements will kick in.



Grants -
DERA
The FY 2020 Administration budget request
appropriately calls for funding for the Diesel
Emission Reduction Act (DERA) program. This
is an important program to address emissions
from the large legacy fleet of diesel engines. It
is important that DERA not be funded at the
expense of the Section 103/105 grants and we
strongly urge that any future funding for DERA
not be in lieu of increases to state and local air
grants. Additionally since many of the DERA
funds are not provided to state and local
governments, we recommend that future DERA
activities not be funded through the STAG
account Instead, we suggest that the grants be
provided through one of EPA's other accounts.
NACAA
Page 17 Grant
Assistance to
Co-
Implementers
Page 20 Diesel
Emissions
Reduction Act
Grants
Congress ultimately determines EPA's funding level
and appropriation for the DERA grant program.
Grants -
Training
The draft acknowledges EPA's responsibility to
provide training however, the financial
support the agency offers is insufficient for this
important effort Adequate training is
especially critical now due to the large number
of retirements and the associated loss of
institutional knowledge that federal, state and
local air agencies are experiencing. EPA should
provide more of its own funding to this effort
NACAA
Page 19
Continuing Air
Programs, Clean
Air Act T raining
EPA provides support for the air training program
through personnel, infrastructure support, and the
development of training materials. EPA is
committed to devoting sufficient internal resources
to support training for air agencies. EPA plans to
continue working closely with air agencies to
address training needs.
General
State and local air agencies must not only
ensure that staff are provided opportunities for
continuing education at advancing levels and
kept up-to-date on technical air pollution
control developments, but plan for the growing
percentage of employees able to retire.
U.S. EPA's support and leadership through the
funding, development, and support of training
AAPCA
Page 19
A.1 Continuing
Air Program
EPA provides support for the air training program
through personnel, infrastructure support, and the
development of training materials. EPA is
committed to devoting sufficient internal resources
to support training for air agencies. EPA plans to
continue working closely with air agencies to
address training needs.
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Issue Area
Comment
Commenter(s)
Location
Response

and training materials for air agency personnel
is critical to air improvement efforts.



General
Specific targets that are relayed to us by the
regional office are not noted in the measures
portions of the guidance (i.e. 10% Title 5
renewal backlog target). Consistent targets and
measures across the regions may be
appropriate to include in a document like this.
WDNR
General
EPA will work with the Regional Offices in late
summer to establish FY 2020 targets.
General
Specific targets that are relayed to state and
local agencies by the regional offices are not
noted in the measures portions of the guidance
(e.g., 10-percent Title 5 renewal backlog
target). Consistent targets and measures across
the regions may be appropriate to include in
such a document
NACAA
General
EPA will work with the Regional Offices in late
summer to establish FY 2020 targets.
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