PUBLICATION NUMBER 440D22001 June 1, 2022 Office of Air and Radiation Draft (OAR) FY 2023-2024 National Program Guidance Fiscal Years 2023-2024 ------- OFFICE OF AIR AND RADIATION (OAR) DRAFT FY 2023-2024 NATIONAL PROGRAM GUIDANCE OFFICE OF AIR AND RADIATION DRAFT (OAR) FY 2023-2024 NATIONAL PROGRAM GUIDANCE 1 SECTION I. INTRODUCTION 3 SECTION II. STRATEGIC PLAN IMPLEMENTATION 4 A. IMPLEMENTING GOAL 1, OBJECTIVE 1 4 A.1 Greenhouse Gas Reporting Program 5 A.2 ENERGY STAR 5 A.3 Renewable Energy Programs 6 A.4 Tribal, State, and Local Climate and Energy Programs 6 A.5 Partnerships to Reduce Methane Emissions 6 A.6 Voluntary Fluorinated Greenhouse Gas Emissions Reduction Programs 7 A. 7 SmartWay 7 B. IMPLEMENTING GOAL 4, OBJECTIVE 1 8 B.l National Ambient Air Quality Standards (NAAQS) 8 B.2 Regional Haze 11 B.3 Title V and New Source Review Permitting 12 B.4 Ambient Air Monitoring for Criteria Pollutants 13 B.5 Air Toxics Program Implementation 15 B.6 Ambient Air Monitoring for Toxics 16 B.7 Allowance Trading and Other Stationary Source Programs 17 B.8 Mobile Source Programs 18 C. IMPLEMENTING GOAL 4, OBJECTIVE 2 19 C.l Reducing Radon Risk 19 C.2 Reducing Asthma Triggers 20 C.3 Comprehensive Indoor Air Quality (IAQ) Interventions in Homes 21 C.4 Comprehensive IAQ Interventions in Schools 22 C.5 Reducing Indoor Air Risks from Emergencies, Disasters and Severe Weather Events 23 C.6 Radiation Protection 24 C. 7 Radiation Emergency Response Preparedness 25 C.8 Homeland Security: Preparedness, Response, and Recovery 26 SECTION III. IMPROVING OUTDOOR AND INDOOR AIR QUALITY IN INDIAN COUNTRY AND ALASKA NATIVE VILLAGES 26 A.1 Improving Outdoor Air Quality and Addressing Climate Change in Indian Country and Alaska Native Villages 26 A.2 Improving Indoor Environments in Indian Country and Alaska Native Villages 29 A.3 Addressing Radiation Protection in Indian Country and Alaska Native Villages 30 SECTION IV. FLEXIBILITY AND GRANT PLANNING 30 A. GRANT ASSISTANCE TO COMPLEMENTERS 30 A.1 Continuing Air Program 31 A.2 Diesel Emissions Reduction Act (DERA) Grants 33 A.3 Clean School Bus Program 34 A.4 Other Grant Programs 34 B. ALLOCATION ofCAA SECTION 105 GRANTS. 34 C. EFFECTIVE GRANTS MANAGEMENT. 34 SECTION V. FY 2023 NATIONAL PROGRAM GUIDANCE MEASURES 36 SECTION VI. KEY CONTACTS 36 APPENDIX. EXPLANATION OF KEY CHANGES FROM FY 2020-2021 37 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE OFFICE OF AIR AND RADIATION (OAR) DRAFT FY 2023-2024 NATIONAL PROGRAM GUIDANCE SECTION I. INTRODUCTION The Office of Air and Radiation's (OAR) FY 2023-2024 National Program Guidance describes the key activities expected to be undertaken by EPA regional offices, tribes, states, territories, and the District of Columbia, working together to improve the quality of the Nation's air, mitigate climate change, and protect human health and the environment. The FY 2023-2024 Guidance aligns with the FY2022-2026 EPA Strategic Plan and focuses on OAR's primary responsibility for implementing Goal 1, Objective 1 and Goal 4 while recognizing that regional, tribal, state, local, and territorial air programs may be responsible for activities in other areas of the Strategic Plan. For example, the Office of Environmental Justice and External Civil Rights Compliance Office's National Program Guidance1 provides information to support implementation of Goal 2 of the FY2022-2026 EPA Strategic Plan. The Regions will work with air agencies2, as appropriate, to address any additional expectations related to these activities. The OAR National Program Guidance also provides information and guidance on the State and Tribal Assistance Grants program (STAG), serving as the basis for negotiations between EPA headquarters (HQ) and regional offices and between regions and implementing tribal, state or local air agencies and territories regarding resource allocation and expected performance. Specific expectations and deliverables are established through workplan negotiations between EPA regions and air agencies. While the OAR National Program Guidance is a guide, there may be specific requirements that exist through applicable law, regulation or court order. There also may be other activities appropriate to include in grant agreements negotiated by an EPA region and implementing air agency not specifically listed in this guidance. The Guidance reflects the core work related to meeting statutory, regulatory, and court-ordered requirements and high leverage voluntary and partnership opportunities. EPA regions and air agencies are encouraged to use the established work-planning process to provide flexibility3 and tailor work expectations to meet local circumstances, as appropriate. EPA regions will work collaboratively with air agencies to prioritize activities and commitments and agree on the level of effort within available resource levels. During interactions with a tribe, including determinations of funding awards, EPA will reference the existing EPA-Tribal Environmental Agreement (ETEP) to inform the understanding of mutual government-to-government environmental priorities of both parties, including EPA's direct implementation priorities for the tribal land area. OAR recognizes that there will not be enough resources to do everything and not all programs and requirements apply in the same way everywhere. Also, recognizing that circumstances can change during the course of a year due to court decisions, state or federal legislative action, budget issues, or other events, EPA is prepared to work with air agencies to adjust commitments and expectations to meet changing priorities, as necessary and appropriate. EPA's air program is committed to working collaboratively with air agencies to resolve issues that may arise during the course of work 1 See: https: II www, ep a. gov / planandbudget / national-pro gram-guidances 2 Air Agencies are defined in this document as tribal, state, or local air pollution control agencies. 3 The ECOS Field Guide includes references to EPA guidance, memos, and other official documents, as well as documents from ECOS developed in conjunction with EPA, in which flexibility is offered and encouraged to help states implement federal programs in a more efficient, cost-effective, and results-focused manner. 3 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE planning. OAR also coordinates with EPA program offices, regions, states, local agencies, and territories, and engages in consultation and coordination with tribal governments as it designs, develops, implements and oversees national air programs. Regional offices will work with states, local air agencies, and territories, and consult with tribes to implement and review these programs. As part of EPA's on-going collaboration with tribes, states, local agencies, and territories, OAR will continue to participate actively in and advance the efforts of E-Enterprise for the Environment OAR will also engage with ECOS in their state-led effort to illustrate the outcomes of states' efforts to improve public health and the environment and other entities that wish to develop and refine metrics that help EPA, states, and tribes to gauge and communicate air quality improvements, and will continue to promote flexibility through the use of Performance Partnership Grants and other work planning mechanisms.4 EPA also supports continued coordination and engagement with states described in ECOS' resolutions, ECOS FY 2022-2026 Strategic Plan, ECOS' Cooperative Federalism 2.0 paper, Congressional testimony, letters to EPA, and other communications. This guidance encompasses activities envisioned to be conducted in FY 2023 and FY 2024 which may continue into future years; any out-year activities are included to inform air agencies of potential future work to assist with planning. SECTION II. STRATEGIC PLAN IMPLEMENTATION Over the next two years, OAR will prioritize activities that support implementation of the FY2022- 2026 EPA Strategic Plan, specifically Goal 1, Objective 1 and Goal 4. OAR recognizes that regional, tribal, state, local, and territorial air programs may be responsible for activities in other areas of the Strategic Plan. While OAR will play a role in implementing activities under many portions of the Strategic Plan, it bears primary responsibility for those activities described under Goal 1, Objective 1 and Goal 4, Objectives 1 and 2. The following sections of this guidance reflect the key implementation activities EPA regional offices and tribal, state, and local air agencies, and territories, will be expected to carry out under those goals and objectives in FY 2023 and FY 2024. A. IMPLEMENTING GOAL 1, OBJECTIVE 1 Reduce Emissions that Cause Climate Change—Aggressively reduce the emissions of greenhouse gases from all sectors while increasing energy and resource efficiency and the use of renewable energy. As EPA promulgates final rules to reduce greenhouse gas (GHG) emissions from light duty, medium duty, and heavy-duty vehicles; electric utility generating units; and the oil and gas industry, it will detail implementation expectations, if any, for EPA regional offices and tribal, state and local air agencies and territories (e.g., Final Rule to Revise Existing National GHG Emissions Standards for Passenger Cars and Light Trucks Through Model Year 2026, Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review, Rulemakings to facilitate the phasedown of hydrofluorocarbons (HFCs) under American Innovation and Manufacturing (AIM) Act). 4 See: https: //www.ecosresults.org/ 4 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE A.l Greenhouse Gas Reporting Program EPA implements the U.S. Greenhouse Gas (GHG) Reporting Program under its Clean Air Act (CAA) authority pursuant to Congressional direction for EPA to "require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the U.S." EPA annually collects data from over 8,000 facilities from 41 large industrial source categories in the U.S. and uses this data to improve estimates included in the Inventory of U.S. Greenhouse Gas Emissions and Sinks, to support federal and state-level policy development, and to share with industry stakeholders, tribal, state, local, and territorial governments, the research community, and the public. EPA also leverages its electronic reporting tool to support state GHG data collection efforts in, for example, Washington state and Colorado. Expected EPA Regional Office Activities 1. Assist HQ in identifying reporters that may fall under the GHG Reporting Program, as requested. 2. Work with HQ to communicate with reporters about issues related to noncompliance including non-reporting as well as correcting errors identified in annual GHG reports, as needed. 3. Work with HQ to understand regional variability in GHG emissions, when necessary. 4. Review and provide input on tools and initiatives developed at HQ to improve compliance, as requested. A.2 ENERGY STAR ENERGY STAR is the recognized symbol for energy efficiency; the program provides information that consumers and businesses rely on to make informed decisions to reduce energy use, save money, and reduce harmful air pollutants. By reducing energy use through voluntary action, ENERGY STAR programs are useful for tribal, state, local, and territorial governments as they design and implement plans to save energy, reduce GHG emissions, and stimulate local economic growth. Expected EPA Regional Office Activities 1. Encourage businesses, governments, institutions or other organizations to procure energy efficient/ENERGY STAR products and equipment 2. Encourage tribal governments and communities to partner in GHG-reducing activities by participating in and benefitting from EPA climate protection partnership programs' ongoing coordinated efforts and outreach programs. 3. Encourage organizations to benchmark the energy performance of buildings using EPA ENERGY STAR Portfolio Manager and apply each year for the ENERGY STAR label for qualifying buildings. 4. Encourage industrial facilities to participate in the ENERGY STAR program using EPA's tools and resources and apply each year for the ENERGY STAR label for qualifying industrial plants. Encourage industrial facilities to join the ENERGY STAR Industrial Challenge and promote a 10% or more reduction in energy use. 5. Support state/local mandatory and voluntary building benchmarking through ENERGY STAR. 6. Support regional implementation of the ENERGY STAR-certified New Homes programs. 7. Promote the use of the ENERGY STAR tools, such as ENERGY STAR Home Upgrade, ENERGY STAR Yard Stick, and Home Energy Advisor. 5 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 8. Support activities to recognize ENERGY STAR partners in their region, conducting compliance screens for ENERGY STAR partners being recognized or receiving a program- related award. A.3 Renewable Energy Programs EPA works with industry and other groups to encourage efficient, clean technologies and to promote leadership in addressing climate change. The EPA Green Power Partnership works with organizations and communities in the U.S. to purchase renewable electricity. The program provides information, assistance, and recognition and its partners use renewable electricity for all, or a portion, of their annual electricity consumption to reduce emissions. The Combined Heat and Power (CHP) Partnership offers tools and services5 to facilitate and promote cost-effective, highly efficient CHP projects. Expected EPA Regional Office Activities 1. Promote membership and collaboration in the Green Power Partnership and Combined Heat and Power Partnership programs. 2. Encourage businesses, governments, institutions or other organizations, and communities to procure green power products that meet Green Power Partnership requirements. 3. Conduct compliance screens for partners being recognized or receiving a renewable energy program-related award. A.4 Tribal, State, and Local Climate and Energy Programs EPA works with tribal, state, local, and territorial governments to identify and implement cost- effective programs that reduce GHG emissions, save energy, improve air quality, and mitigate heat island effects. EPA provides tools, data, and technical expertise to help subnational governments implement clean energy policies and programs that reduce emissions, maximize co-benefits, mitigate urban heat islands, which are exacerbated by climate change, and prioritize low-income communities with environmental justice (EJ) concerns. The program helps governments develop emissions inventories, discover best practices for emissions reductions and heat island mitigation, and analyze the emissions and health benefits of climate and clean energy strategies. The program also highlights the best examples across the country on how to deliver inclusive climate programs and provides resources to help governments deliver energy efficiency and renewable energy to low-income communities. Expected EPA Regional Office Activities 1. Promote integration of energy efficiency and renewable energy as an emissions reduction strategy in meeting CAA objectives, such as incorporating such measures into air quality plans/SIPs and into partnership programs with tribal, state, local, and territorial governments. A.5 Partnerships to Reduce Methane Emissions EPA operates several partnership programs that promote cost-effective reductions of methane by working collaboratively with industry. The AgSTAR program, which is a collaboration between the EPA and the Department of Agriculture, focuses on methane emission reductions from livestock waste management operations through biogas recovery systems. The Coalbed Methane Outreach Program promotes opportunities to profitably recover and use methane emitted from coal mining activities. The Landfill Methane Outreach Program promotes abatement and energy recovery of 5 See: https://www.epa.gov/chp/chp-documents-and-tools 6 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE methane emitted from landfills. The Natural Gas STAR and Methane Challenge programs spur the adoption of cost-effective technologies and practices that reduce methane emissions from the oil and natural gas sector through collaborative partnerships with companies. Expected EPA Regional Office Activities 1. Promote the recovery and use of methane as a clean energy source through EPA's methane partnership programs. 2. Conduct compliance screens for partners being recognized or receiving a methane program- related award. A.6 Voluntary Fluorinated Greenhouse Gas Emissions Reduction Programs Through fluorinated greenhouse gas (FGHG) partnership programs, EPA identifies cost-effective emissions reductions opportunities, recognizes industry accomplishments, and facilitates the transition toward best environmental practices and technologies that are more environmentally friendly. The Responsible Appliance Disposal (RAD) Program is a partnership that protects the ozone layer and reduces emissions of GHGs through the recovery of ozone-depleting substances (ODS) and hydrofluorocarbons (HFCs) from old refrigerators, freezers, window air conditioners, and dehumidifiers prior to disposal. The GreenChill Partnership helps supermarkets transition to environmentally friendlier refrigerants, reduce harmful refrigerant emissions, and move to advanced refrigeration technologies, strategies, and practices that lower the industry's impact on the ozone layer and climate. The SF6 Emission Reduction Partnership for Electric Power Systems (EPS) is a collaborative effort between EPA and the electric power industry to identify, recommend, and implement cost-effective solutions to reduce sulfur hexafluoride (SF6) emissions. Expected EPA Regional Office Activities 1. Assist HQ in promoting cost effective solutions to reduce sulfur hexafluoride (SF6) emissions through EPA's SF6 Emission Reduction Partnership for Electric Power Systems (EPS) program. 2. Encourage and support new member companies in both the Responsible Appliance Disposal (RAD) program and GreenChill programs and recognize high achieving partners. 3. Coordinate with Regional Land, Chemicals and Redevelopment Divisions (LCRD) if they are assisting in the RAD program. 4. Conduct compliance screens for new RAD and GreenChill members, and for any entity being recognized or receiving a program-related award. A.7 SmartWay EPA's SmartWay program helps companies advance supply chain sustainability by measuring, benchmarking, and improving freight transportation efficiency. This voluntary public-private program: • provides a comprehensive and well-recognized system for tracking, documenting and sharing information about fuel use and freight emissions across supply chains; • helps companies identify and select more efficient freight carriers, transport modes, equipment, and operational strategies to improve supply chain sustainability and lower costs from goods movement; • supports global energy security and offsets environmental risk for companies and countries; • reduces freight transportation-related emissions by accelerating the use of advanced fuel- saving technologies; and 7 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE • is supported by major transportation industry associations, environmental groups, state and local governments, international agencies, and the corporate community. Expected EPA Regional Office Activities 1. Encourage truck and rail carriers and retail and commercial shipping companies to join SmartWay and reduce emissions. 2. Promote SmartWay at regional and local transportation conferences, workshops, and events conducted to improve efficiency and environmental performance in the goods movement sector. 3. Encourage and support regional diesel collaboratives to highlight and promote SmartWay. 4. Encourage recipients of DERA grant funds targeting the reduction of diesel emissions to consider using SmartWay designated trucks and SmartWay verified technologies to achieve those reductions. B. IMPLEMENTING GOAL 4, OBJECTIVE 1 Improve Air Quality and Reduce Localized Pollution and Health Impacts—Reduce air pollution on local regional and national scales to achieve healthy air quality for people and the environment. B.l National Ambient Air Quality Standards (NAAQS) In FY 2023 and 2024, EPA will work with air agencies to achieve and maintain compliance with the NAAQS, including the ozone standards established in 2015, 2008,1997, and 1979; particulate matter (PM2.5) standards established in 2012, 2006, and 1997; the particulate matter (PM10) standard established in 1987; the lead (Pb) standard established in 2008; the nitrogen dioxide (NO2) standard established in 2010; the carbon monoxide (CO) standard established in 1971; and SO2 standards established in 2010 and 1971. EPA will continue its periodic reviews of the NAAQS as required by CAA, including the reconsideration of the 2020 decisions to retain the 2012 PM2.5 standards and the 2015 ozone standards, which EPA expects to complete by the spring of 2023 and by the end of 2023, respectively. EPA will continue to work closely with air agencies on all aspects of implementing the NAAQS. OAR will continue to work with the regions on implementing the results of a February 2018 lean effort focused on improving the efficiency of EPA's review and approvals of State Implementation Plans (SIPs). A key identified process improvement is early engagement between EPA and air agencies during the air agencies' SIP development process, as well as early coordination among EPA offices during EPA's review and action on submitted SIPs. A primary goal of this effort is timely processing of state implementation plans consistent with CAA timelines. B.l.l Expected EPA Regional Office Activities B.l.1.1 Designations 1. If the 2015 ozone and/or 2012 PM2.5 NAAQS are revised, review air agencies' recommendations for area designations and boundaries; if necessary, develop EPA's preliminary designations decisions in coordination with HQ and prepare and send "120- day letters" communicating EPA's preliminary decisions to tribes and states; and prepare supporting documents for final decisions which may include action on exceptional events demonstrations. 8 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 2. Take final rulemaking action as expeditiously as practicable, but no later than CAA timelines for redesignation requests. Also, as needed, assist air agencies in developing redesignation requests. B.l.1.2 SIPs 1. Assist states in developing attainment plans for any applicable NAAQS including the 2008 and 2015 ozone NAAQS, and 2010 SO2 NAAQS. Review and act on these SIPs within established timeframes including areas that are reclassified as Severe for the 2008 ozone NAAQS and Moderate for the 2015 ozone NAAQS. 2. If the 2015 ozone and/or 2012 PM2.5 NAAQS are revised, work with states to develop infrastructure SIPs. 3. Review and act on infrastructure SIPs (including Good Neighbor SIPs) for the 2015 ozone NAAQS consistent with established timelines and obligations. Work with HQ to meet any Federal Implementation Plan (FIP) obligations stemming from failure by states to submit infrastructure SIPs or from EPA disapproval actions of such SIPs. 4. Assist states that wish to develop SIP revisions to remove state rules requiring Stage II gasoline vapor recovery programs. 5. Continue to implement continuous improvement (i.e., "lean") principles in taking timely action on SIPs and collaborate with HQ as needed on actions. 6. Take action on pending SIPs responding to the 2015 SIP calls regarding startup, shutdown, and malfunction provisions in SIPs. Assist air agencies in the revision of startup, shutdown, and malfunction (SSM) regulations, as appropriate, including submission of SIPs not yet submitted in response to the 2015 SIP calls. Meet any FIP obligations pursuant to CAA obligations. 7. Take final rulemaking actions on any remaining SIP submittals for all NAAQS. 8. Work to reduce backlogged SIP submissions in accordance with agency performance measures and the SIP management plans negotiated with states. 9. Work with states to ensure early engagement between states and EPA. 10. Collaborate with EPA HQ to ensure early engagement on novel and unique issues of national significance. 11. Take SIP actions as described by EPA in response to June 14, 2021, Office of Inspector General Report No. 21-E-0163.6 B. 1.1.3 Other 1. 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. 2. Support emissions data collection, including supporting state point source emissions submissions for the 2021 and 2022 emissions years. 3. Assist air agencies in conducting air quality reporting and forecasting. 4. Assist air agencies in developing and/or beginning implementation of innovative and voluntary emission reduction projects, particularly local programs to help achieve attainment of the ozone NAAQS and the PM2.5 NAAQS. These programs include, but are not limited to, the Ozone and PM Advance programs, strategies to control emissions from wood smoke, and strategies to reduce emissions from in-use on-road vehicles and non-road equipment 5. Engage air agencies as early as possible in guidance and regulation development processes. 6 See: https://www.epa.gov/office-inspector-general/report-epa-has-reduced-its-backlog-state- implementation-plans-submitted 9 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 6. Lead or assist, as appropriate, with outreach and capacity building for underserved, communities of color, low-income, and indigenous communities to improve understanding of and engagement in regulatory and permitting processes. 7. Assist air agencies in implementation of the 2008 and 2015 Ozone SIP Requirements Rules, PM2.5 SIP Requirements Rule, and S02-related requirements. 8. Support state implementation of the Exceptional Events Rule including working with air agencies through the initial notification process and reviewing demonstrations that have regulatory significance consistent with the Exceptional Events Rule. 9. Work with states to create and implement smoke management strategies and plans. Study and/or communicate the latest tools, science and technology to support partners in monitoring and modeling to support decision making about burn restrictions, prescribed burning, and public health communications. Promote wildfire smoke tools and provide technical assistance (e.g., on the AirNow fire and smoke map, the Smoke Ready Toolbox for Communities, and the Guide for Public Health Officials). 10. Process General Conformity determinations for federal projects within nonattainment and maintenance areas. B.1.2 Expected Air Aaencv Activities B. 1.2.1 SIPs 1. Develop and submit Good Neighbor SIPs for the 2008 (if not yet submitted) and 2015 ozone NAAQS. 2. Submit Good Neighbor SIPs for the 2010 S02 NAAQS, if notyet submitted. 3. Develop and submit infrastructure SIPs for any NAAQS, if not yet submitted. 4. Develop and submit attainment demonstration SIPs for any applicable NAAQS, including the 2008 and 2015 ozone NAAQS, 2012 SO2 NAAQS, and areas that are reclassified to Severe for the 2008 ozone NAAQS and Moderate for the 2015 ozone NAAQS. 5. Engage early with EPA on SIP submissions with likely approvability issues. B.l.2.2 Designations 1. If the 2015 ozone and/or 2012 PM2.5 NAAQS are revised, provide state recommendations for area designations and boundaries. 2. Submit redesignation requests, including maintenance plans, for areas that attain the NAAQS. B.1.2.3 Other 1. Conduct public notification, including reporting real-time air quality data and forecasts for ozone and particle pollution. 2. Continue to implement strategies to attain and maintain NAAQS in all areas. 3. Review and comment on the latest Emissions Modeling Platform,7 including future-year emissions projections. 4. Prepare and submit 2021 point source data by December 2022 to the Emissions Inventory System (EIS) in accordance with the Air Emissions Reporting Requirements (AERR). 5. Prepare to submit 2022 emissions and activity data by December 2023 to the EIS in accordance with the AERR. 6. Collect point source emissions data during 2024 for the 2023 National Emissions Inventory (NEI). For more information on Modeling Platforms, see: https: //www.epa.gov/air-emissions-modeling. 10 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 7. In 2024, review and comment on nonpoint emissions methods and data made available by the EPA for the 2023 NEI in accordance with the 2023 NEI schedule. 8. Participate in voluntary programs such as Ozone and PM Advance, as appropriate, and continue to implement and, if necessary, supplement Ozone and PM Advance action plans. 9. Implement strategies8 for controlling emissions from wood smoke where it is a significant contributor to air quality problems, including regulatory and non-regulatory measures. B.1.3 Measures: SIP, SIP2, SIP3 B.2 Regional Haze In FY 2023 and FY 2024, EPA will continue to implement the Regional Haze program with states and in Indian country. EPA will focus on the implementation of the second planning period based on the Regional Haze Rule revisions completed in 2017 and supporting information released since 2017 including a July 8, 2021 Memorandum.9 EPA is reviewing SIPs submitted for the second planning period (which were due on July 31, 2021) and continuing to work with states that have not yet submitted second planning period SIPs. EPA will also continue to work with states that have remaining and unmet first planning period obligations. EPA will work to process any relevant first planning period SIP submissions and/or FIP actions according to the CAA and Regional Haze Rule requirements and continue to address any relevant legal challenges. B.2.1 Expected EPA Regional Office Activities 1. Review and take timely action on submitted second planning period regional haze SIPs. 2. Work with air agencies, multijurisdictional organizations, and Federal Land Managers on the development of regional haze SIP revisions for the second planning period. 3. Work, as needed, with air agencies, multijurisdictional organizations, and Federal Land Managers on the development of regional haze SIP revisions for existing first planning period SIPs and FIPs. 4. Process SIP revisions to ensure that final rulemaking actions on regional haze SIPs are consistent with CAA requirements and legal deadlines. 5. Assist states with developing progress reports as required under 51.308(g) and 51.309(d) (10). 6. Act on submitted progress report SIP revisions as required under 51.308(g) and 51.309(d)(10) in accordance with CAA timelines. 7. Consult with air agencies and HQ to inform SIP development for the second Regional Haze planning period and on guidance/rulemaking. 8. Where requested and desired by states, support state activity to replace regional haze FIPs with SIPs, that are consistent with CAA and Regional Haze rule requirements. 9. Work with HQ on the development of any guidance or rulemaking for the third Regional Haze planning period. B.2.2 Expected Air Aaencv Activities 1. Implement existing Best Available Retrofit Technology (BART), reasonable progress, and other SIP requirements, as applicable. 2. Submit progress reports, as applicable. 3. Submit approvable SIPs for the second planning period by July 31, 2021, in accordance with the 2017 Regional Haze Rule revisions and related updated guidance, if not yet submitted. 8 For examples ofwoodsmoke reduction strategies, see: https: IIwww.epa.go v /b ur n wi s e. 9 For more information on Regional Haze information, see: https://www.epa.gov/visibility/visibility- guidance-documents. 11 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE B.3 Title V and New Source Review Permitting In FY 2023 and FY 2024, EPA will continue to support the timely issuance of permits by tribal, state and local permitting authorities and respond to citizen petitions under the Title V operating permits program. In addition, HQ and the Regions will consult on how to ensure sufficient oversight of tribal, state and local permits. EPA will continue to address compliance monitoring issues when reviewing Title V, New Source Review (NSR) and Prevention of Significant Deterioration (PSD) permits issued by tribal, state, and local permitting authorities, and will continue to include monitoring as an element in program reviews, where appropriate. EPA will work with air agencies to implement any revisions to the Title V, PSD and NSR programs, including updates to delegation agreements for delegated states and review of implementation plan and program revisions for SIP- approved states. EPA will conduct timely review of permit applications for areas of the country where EPA is the permit authority, including on the outer continental shelf. EPA will emphasize environmental justice considerations in all aspects of implementing permit programs. B.3.1 Expected EPA Regional Office Activities 1. Review proposed initial, significant modifications and renewal operating permits, as necessary, to ensure consistent implementation of the Title V program. 2. Regularly update Title V Operating Permits System (TOPS), by working with states to obtain the data and then regions enter the state data into TOPS (or successor systems that may be developed such as the Electronic Permitting System). 3. Provide appropriate oversight of tribal, state, and local permitting programs including conducting Title V program reviews consistent with the August 2016 document "Promoting Environmental Program Health and Integrity: Principles and Best Practices for Oversight of State Permitting Programs"10 and the March 2018 guidance document "Program and Fee Evaluation Strategy and Guidance for 40 CFR Part 70."n. 4. Issue PSD, Nonattainment NSR, Part 55 Outer continental Shelf, Synthetic Minor, Minor Source and Part 71 permits in Indian country and in states that do not have an approved or delegated program in a timely manner (e.g., consistent with applicable statutory deadlines).12 5. Review draft PSD and Nonattainment NSR permits for new major stationary sources and major modifications to ensure consistent implementation of the NSR program. 6. Advance environmental justice and Title VI civil rights considerations in air agency permitting for major stationary sources and major modifications, as well as for minor sources. 7. Incorporate environmental justice considerations into permits issued by EPA regional offices by conducting appropriate analyses using available tools and guidance (and assisting in evaluating and refining draft tools), and by providing opportunities for meaningful public involvement 8. Assist air agencies in developing the technical capacity to address GHG emissions in the permitting of "anyway" sources, consistent with the Supreme Court decision13 and in coordination with HQ. 10 See: https: //www.epa.gov/sites/production/files/2016- 10/documents/principles and best practices for oversight of state permitting programs.pdf 11 See: https://www.epa.gov/sites/default/files/2018-03/documents/fee eval 2018.pdf 12 The October 2012 memorandum regarding timely processing of PSD permits when EPA or PSD delegated air agency issues the permit is available at https://www.epa.gov/sites/production/files/2015- 07 / documents / timelv.pdf. 13 See: Utility Air Regulatory Group, v. EPA June 23,2014 12 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 9. Provide training and technical guidance and support to permitting authorities and the public. 10. Lead or support, as appropriate, efforts to build community capacity to engage in the permitting process. 11. Assist permitting authorities with interpreting and implementing Title V and NSR regulatory provisions. 12. Assist HQ with program rule and guidance development 13. Conduct outreach to tribes and sources in Indian country to implement Tribal NSR. 14. Work with HQ in responding to Title V petitions. B.3.2 Expected Air Aaencv Activities 1. Provide data in a timely manner on Title V permits to EPA for entry into TOPS or its successor systems (such as the Electronic Permitting System). 2. Issue initial permits, significant permit modifications, and renewal Title V permits in a timely manner and reduce backlog of renewal permits. 3. Participate with EPA in Title V permit program reviews, set targets to respond to EPA's evaluation report, and implement recommendations. 4. Issue major NSR PSD permits within one year of making the determination of completeness. 5. Issue NSR permits consistent with CAA requirements and enter best available control technology (BACT)/lowest achievable emission rate (LAER) determinations in the reasonably available control technology (RACT)/BACT/LAER Clearinghouse (RBLC) or its successor systems. 6. Advance environmental justice and Title VI civil rights considerations in air agency permitting for major stationary sources and major modifications, as well as for minor sources. 7. Provide data in a timely manner on PSD permits issued for new major sources and major modifications by entering data including "the application accepted date" and "the permit issuance date" into the RBLC or successor systems. 8. Issue minor NSR and synthetic minor permits consistent with SIP-approved program and relevant EPA guidance or rules. B.4 Ambient Air Monitoring for Criteria Pollutants In FY 2023 and FY 2024, EPA will continue working with air agencies to conduct air monitoring activities consistent with statutory and regulatory requirements, with an emphasis on sufficient quality assurance programs and consideration of multiple pollutant measurements. This approach includes changes, as necessary, to effectively and efficiently implement revised NAAQS monitoring requirements for ozone, Pb, SO2, NO2, CO, and/or PM. Detailed draft Ambient Monitoring Guidance will be posted on EPA's Ambient Monitoring Technology Information Center website at https://www.epa.gov/amtic/national-program-manager-npm-guidance-monitoring-appendix. In FY 2023 and FY 2024, EPA will also continue to support and oversee air monitoring projects funded under the American Rescue Plan of 2021. B.4.1 Expected EPA Regional Office Activities 1. Review Air Quality System (AQS) data quarterly and resolve any timeliness and completeness issues with the reporting organization. Evaluate submitters' annual data certification requests and documentation and set appropriate flags in AQS. 2. Review the evidence that monitoring programs meet 40 CFR Part 58 appendices A, C, D, and E, as applicable (evidence is a required element in annual monitoring plans due each July 1, unless another schedule has been approved), and seek corrective action by monitoring agencies, where needed. 13 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 3. Manage contracts for/ or conduct independent performance audits of state/local monitor networks (Performance Evaluation Program and National Performance Audit Program) for air agencies choosing that approach to independent audits. 4. Ensure that monitoring sites operated by air agencies for NCore, PM2.5 Speciation Trends Sites, and Photochemical Assessment Monitoring Stations (PAMS) meet applicable regulations and/or guidance, and coordinate with HQ as necessary per CFR that requires Administrator level approval for changes. 5. Review states' annual network plans and act on requests for changes in state and local monitoring plans within 120 days. 6. Perform Technical Systems Audits on one third of reporting organizations, or as required to achieve an audit of each monitoring agency within a three-year period and ensure all necessary corrective actions are addressed by monitoring agency. 7. Transfer grant funds to HQ for any additional Interagency Monitoring of Protected Visual Environments (IMPROVE)-protocol sites requested by air agencies annually by March for monitoring to begin/continue for the next year beginning each July. 8. Act on second and subsequent requests to approve regional monitoring methods, per HQ guidance (Approved methods are referred to as Approved Regional Methods, ARMs). 9. Support enhanced air quality monitoring activities and award air monitoring grants under the American Rescue Plan. B.4.2 Expected Air Aaencv Activities 1. Operate required monitors including State and Local Air Monitoring Stations (SLAMS), NCore, PM2.5 speciation, S02 Data Requirements Rule and PAMS according to 40 CFR Part 58, EPA's technical guidance, approved monitoring plans, and/or grant agreements including Quality Management Plans (QMPs) and Quality Assurance Project Plans (QAPPs). 2. Ensure that independent Quality Assurance (QA) audits (Lead Performance Evaluation Program, National Performance Audit Program (NPAP)) of SLAMS and other applicable monitoring systems take place according to criteria and schedule outlined in 40 CFR Part 58, App. A. 3. Conduct monthly QA flow checks/verifications and semi-annual flow audits of PM2.5, PM10, PM10-2.5, PM2.5 speciation, and lead (Pb) samplers and monitors. Submit semi-annual flow audit results to the AQS in accordance with 40 CFR 58.16. Submittal of monthly flow checks/verifications to AQS is required for PM2.5, PM10, and lead (Pb). Submittal of PM10-2.5 and PM2.5 speciation sampler flow verifications is also required. 4. Submit annual network plan required by 40 CFR 58.10, by July 1 of each year, unless another schedule has been approved. 5. Submit five-year network assessments required by 40 CFR 58.10(d), by July 1 of each five- year cycle year. 6. Submit SLAMS data, PAMS, NCore, and QA data to AQS according to schedule in 40 CFR Part 58. 7. Certify annual SLAMS data in AQS and provide supporting documentation per 40 CFR 58.15, including exceptional event flags, by May 1 of each year, unless another schedule has been approved. 8. Report real time data to AirNow for cities that are required to report the Air Quality Index (AQI). 9. Ensure network information technology and data security follow best practices (e.g., strong passwords, routine updates/patches on devices, routine reviews of diagnostic data) and immediately report any cyber attacks or incidents on air monitoring networks to your organizations responsible IT Director and then EPA. 14 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 10. Participate in EPA's Technical System Audits and address audit findings by completing corrective actions. 11. In response to U.S. Government Accountability Office findings14, support EPA in developing an asset management framework for consistently sustaining the national ambient air quality monitoring system and developing an ambient air monitoring modernization plan. 12. Ensure data collected from federally funded community monitoring projects using American Rescue Plan funds are useable, accessible to the public, and shared with appropriate stakeholders in a practicable amount of time. B.5 Air Toxics Program Implementation The CAA requires EPA to regulate emissions of toxic air pollutants from a published list of source categories. EPA is required to develop regulations for all industries that emit one or more toxic air pollutants in significant quantities. The CAA also requires EPA to develop regulations for categories of sources which cause or significantly contribute to air pollution that may endanger public health or welfare. Under this section of the CAA, EPA must review and approve the plans for existing sources of non-criteria pollutants that states develop whenever EPA promulgates a standard for a new source. In FY 2023 and FY 2024, EPA will promulgate, revise, and amend regulations, as resources allow, on deadlines as mandated by the CAA and as required by court orders or other binding directives or agreements. Underscoring EPA's work will be an emphasis on activities to support and assist air agencies in addressing air toxics, taking into consideration the most current recommendations from the Clean Air Act Advisory Committee. B.5.1 Expected EPA Regional Office Activities 1. Delegate and assist air agencies with Sections 111, 112, and 129 standards. Examples of authorities that may be delegated to air agencies include the ability to issue or approve certain applicability determinations, compliance schedule extensions, or minor or intermediate alternatives to testing or monitoring requirements. 2. Implement Sections 111, 112 and 129 standards, including Federal lll(d)/129 plans, in areas where air agencies do not have programs. 3. Work with HQ on applicability determinations related to Sections 111, 112, and 129 standards. 4. Support the Emissions Inventory System (EIS) for the 2021 NEI (due December 2022) and for the 2022 NEI (due December 2023). 5. Assist air agencies in conducting data analysis and assessment of air toxics monitoring data. 6. Coordinate with regional and state solid waste offices in implementing non-hazardous secondary material standards through Section 112 and 129. 7. Continue to support the 2020, 2021 and 2022 AirToxScreen development with data review and coordination with air agencies as part of the NEI process. 8. Participate in cross-Agency efforts to assess and reduce toxics on a local level by developing and implementing strategies 9. Work with communities, particularly in urban areas and areas with disproportionate impacts or environmental justice concerns, to reduce air toxics from indoor and outdoor sources. Conduct/support outreach activities, including those associated with upcoming stationary source rulemaking (e.g., commercial sterilization facilities). 10. Provide technical and programmatic support for community-based air toxics studies and reduction strategies. 14 See: https: IIwww.gao. go v /pr o ducts / gao -21 - 3 8 15 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE B.5.2 Expected Air Aaencv Activities 1. Implement delegated or approved air toxic standards, as appropriate, for major sources and area sources. 2. Implement delegated residual risk standards. 3. Conduct data analysis and assessment of air toxics monitoring data. 4. Assess and address local air toxics issues, including the combined impact of multiple sources of air toxics, and support efforts to reduce emissions encouraging voluntary reductions of air toxics. 5. Voluntarily submit air toxics data to the EIS for the 2021 NEI (due December 2022) and for the 2022 NEI (due December 2023). B.6 Ambient Air Monitoring for Toxics EPA will continue to offer technical support to air agencies as they implement the National Air Toxics Monitoring Network. The network has two main parts: National Air Toxics Trends Sites (NATTS) and Local Scale Monitoring (LSM) projects. The NATTS, designed to capture the impacts of widespread pollutants include permanent monitoring sites, and the LSMs comprise long-term air toxics monitoring sites as well as scores of short-term monitoring projects, each designed to address specific local issues.15 B.6.1 Expected EPA Regional Office Activities 1. Ensure NATTS sites, including study sites, are operating according to EPA's technical guidance and the quality-assurance project plan (QAPP) and quality management plan (QMP). 2. Track status and coordinate needed follow-up actions between HQ and air agencies in support of the NATTS QA program (e.g., attending Technical Systems Audits (TSAs) and reviewing Proficiency Test (PT) data). 3. Review AQS data quarterly and resolve any timeliness or completeness issues with the reporting organization. 4. Ensure NATTS workplans are consistent with HQ template guidance. 5. Ensure NATTS QAPP is adequate to provide quality data for submission to AQS. 6. As appropriate, participate in NATTS TSAs and field site audits and balance on-site/in-lab visits with remote participation. 7. Review QA programs for community-scale air toxics projects. 8. Assess and review air toxics networks and assist air agencies with siting, installing and operating new and upgraded monitoring equipment 9. Support enhanced air quality monitoring activities and award air monitoring grants under the American Rescue Plan. 10. Ensure data collected from federally-funded community monitoring projects using American Rescue Plan funds are useable, accessible to the public, and shared with appropriate stakeholders in a practicable amount of time. 11. If applicable, manage ongoing community-scale air toxics ambient monitoring grants. B.6.2 Expected Air Aaencv Activities 1. Operate NATTS sites and other air toxics study sites, according to EPA's technical guidance and the QAPP and QMP. 2. Participate in inter-laboratory Proficiency Testing and Technical System Audit programs according to national guidance and the approved QAPP and QMP. 3. Submit NATTS data to AQS quarterly within 180 days of end of each quarter. 15 See: https: //www3.epa.gov/ttn/amtic/airtoxpg.html. 16 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 4. As federal funding is available, conduct community-scale assessment projects consistent with grant terms (including schedule), technical guidance, and applicable QAPPs and QMPs 5. Ensure data collected from federally-funded community monitoring projects are useable, accessible to the public, and shared with appropriate stakeholders in a practicable amount of time. B.7 Allowance Trading and Other Stationary Source Programs The following section includes the regional Cross-State Air Pollution Rule (CSAPR), the national Acid Rain SO2, and NOx emission reduction programs, and the Mercury and Air Toxics Standards (MATS) Rule.16 CSAPR (inclusive of the CSAPR Update) requires 27 states in the eastern half of the U.S. to significantly improve air quality by reducing emissions that cross state lines and contribute to ground-level ozone and/or fine particle pollution in other states. EPA will continue to work with states to develop plans that fully address transport for all NAAQS. EPA is also assisting states with the implementation of the MATS Rule, which requires electronic reporting of hour-by-hour emissions of mercury (Hg), hydrogen chloride (HC1), hydrogen fluoride (HF), and SO2 (for units with S02 scrubbers that opt to monitor S02 as a surrogate for HC1) and associated quality assurance of data for sources that use continuous emission monitoring systems and sorbent trap monitoring systems. EPA will continue its integrated assessment program that includes enhanced ambient, deposition, and rural ozone monitoring through the Clean Air Status and Trends Network (CASTNET) and surface water chemistry and aquatic ecosystem response monitoring through the Long-Term Monitoring (LTM) programs.17 Ozone measurements from CASTNET's rural ozone monitoring sites are used to determine if an area meets, or exceeds, the NAAQS. Expected Air Aaencv Activities 1. Submit any state-promulgated allowance allocations decisions to EPA for incorporation into unit accounts. 2. Assist sources with monitor certifications and recertifications, emissions monitoring, and reporting. 3. Perform electronic and field audits of monitor certifications, Part 75 continuous emissions monitoring systems (CEMS), and emissions reporting by sources. States and locals should perform Part 75 CEMS field audits in accordance with the field audit manual.18 4. Provide reports of the audits and any corrective actions needed to the appropriate EPA regional office and HQ. Expected Tribal Activities 1. Continue supporting four tribal CASTNET small-footprint monitoring sites operated by the Confederated Tribes of the Umatilla Indian Reservation; Nez Perce Tribe; Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; and Red Lake Band of Chippewa Indians, Minnesota; and three full tribal CASTNET sites operated by the Alabama-Coushatta Tribe of Texas; Cherokee Nation; and Santee Sioux Nation, Nebraska. 16 For updates on CSAPR, see: https: //www.epa.gov/csapr. 17 For additional information on CASTNET and LTM, see: https: IIwww.epa.gov/castnet and https://www.epa.gov/airmarkets/monitoring-surface-water-chemistry. respectively. 18 See: https: //www.epa.gov/airmarkets /field-audit-manual. 17 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 2. Build tribal monitoring capacity by establishing a CASTNET small-footprint site in partnership with the La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California. B.8 Mobile Source Programs Mobile source programs include the development, implementation, and evaluation of regulatory and voluntary programs to reduce emissions from mobile sources and the fuels that power them. Types of mobile sources addressed include: light-duty vehicles/engines (cars, light-duty trucks, sport utility vehicles); heavy-duty vehicles/engines (buses, large trucks); nonroad vehicles/engines (construction, farm equipment, locomotives, marine); and fuels (diesel, gasoline, renewables). In FY 2023 and FY 2024, EPA will also continue to support and oversee projects for the replacement of existing school buses with low- or zero-emission school buses funded under the Infrastructure Investment and Jobs Act (IIJA), also referred to as the Bipartisan Infrastructure Law (BIL). B.8.1 Expected EPA Regional Office Activities 1. Make timely adequacy/inadequacy determinations for identified motor vehicle emissions budgets included in control strategy SIPs or maintenance plans for transportation-related criteria pollutants (e.g., ozone, CO, PM2.5, PM10) submitted by states. 2. Review/comment on transportation conformity determinations submitted by U.S. Department of Transportation (DOT) or a Metropolitan Planning Organization (MPO) for ozone, PM2.5, PM10, and CO nonattainment and maintenance areas. 3. Review/comment on project-level transportation conformity determinations that include a PM2.5, PM10, or CO hot-spot analysis in PM2.5, PM10, and CO nonattainment and maintenance areas, and generally participate in issues related to the hot-spot conformity provisions for assessing near-source impacts in adjacent communities. 4. Take final rulemaking actions on Transportation Conformity-related SIP revisions consistent with the annual SIP processing goal. 5. Review inspection and maintenance (I/M) annual summary reports submitted by states for existing I/M programs (including On-Board Diagnostics (OBD)) within four months of submittal and send findings of these reviews to HQ in a timely manner. 6. Ensure that all enhanced I/M programs under a region's jurisdiction submit the required biennial I/M program evaluation no later than January of each even-numbered year, review such reports within four months of submittal, and send findings of these reviews to HQ in a timely manner. 7. Assist air agencies in implementing transportation conformity, I/M, and fuel programs. 8. Conduct meaningful activities that support emission reductions at ports and/or railyards, including conducting education and outreach on funding opportunities and providing technical assistance to stakeholders such as port operators, air agencies, and communities with environmental justice concerns. 9. Conduct meaningful activities that support emission reductions in goods movement, in collaboration with the EPA SmartWay and Ports Initiative programs. 10. Coordinate with HQ to review, select, award, and manage Diesel Emissions Reduction Act (DERA) grants and rebates. 11. Coordinate with HQ to conduct education and outreach, review, select, award and manage Clean School Bus Program funding under the Bipartisan Infrastructure Law. 12. Coordinate with HQ and assist air agencies in addressing mobile source measures that are necessary due to the reclassification of areas to Severe for the 2008 ozone NAAQS (i.e., reformulated gasoline and vehicle miles traveled offset demonstrations) and to Moderate 18 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE for the 2015 ozone NAAQS (i.e., I/M) and any other mobile source measures needed to attain the 2008 and 2015 ozone NAAQS and the 2006 and 2012 PM2.5 NAAQS. B.8.2 Expected Air Aaencv Activities 1. Implement mobile source control strategies on time and consistent with SIP commitments including measures required due to the reclassification of areas to Severe for the 2008 ozone NAAQS and Moderate for the 2015 ozone NAAQS. 2. Implement grants to accomplish needed reductions (e.g., DERA grants and BIL grants). 3. Work with transportation agencies, as appropriate, when new or revised motor vehicle emissions SIP budgets are developed and when transportation projects are analyzed for hot-spot conformity impacts. 4. As appropriate, use flexibilities provided in the Transportation Conformity Rule Restructuring Amendments from March 201219 to update out-of-date conformity SIPs. 5. Continue to support I/M programs that focus on in-use vehicles and engines and submit required I/M SIPs, reports, and program evaluations. 6. Work with a broad range of stakeholders to focus efforts on reducing mobile source emissions in and around ports and railyards. 7. Continue coordination efforts between states and EPA regarding vehicle/engine emissions standards. C. IMPLEMENTING GOAL 4, OBJECTIVE 2 Reduce Exposure to Radiation and Improve Indoor Air—Limit unnecessary radiation exposure and achieve healthier indoor air qualityespecially for vulnerable populations. C.l Reducing Radon Risk EPA will sustain efforts to promote radon risk reduction through multiple non-regulatory strategies in collaboration with other federal agencies, tribes, states and entities in the private, public health, healthy housing, and other sectors. Such efforts are a strategic focus of the National Radon Action Plan, co-led by EPA and the American Lung Association, with participation from Centers for Disease Control and Prevention, U.S. Department of Housing and Urban Development (HUD), industry, states, tribes, and non-governmental organization (NGOs). C.l.l Expected EPA Regional Office Activities C.l. 1.1 Promote increased radon awareness and action at the regional level 1. Lead administration of the State Indoor Radon Grants (SIRG) program with tribes and states in their Region. Regions should allocate funds, track progress, provide technical assistance, participate in work planning and report results. 2. Lead the design and implementation of regional radon stakeholder meetings to increase radon action at the regional, tribal and state level. 3. Support residential and school building code changes at the state and local level in coordination with HQ. 4. Promote radon testing and mitigation in schools as part of overall efforts to sustain effective and comprehensive school indoor air quality management programs. 5. Participate in the development and promotion of radon measurement and mitigation consensus standards. 19 See: https://nepis.epa.gov/Exe/ZvPDF.cgi/P100E16I.PDF?Dockev=P100E16I.PDF 19 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE C.l.1.2 Provide programmatic and technical support to diverse stakeholders 1. Negotiate radon grant workplans, as resources are available, with tribes and states to reduce risks from radon. 2. Provide technical support and assistance to stakeholders, including air agencies, State Radiation Control Programs, and NGOs. C.1.2 Expected State. Local, and Tribal Activities 1. State and tribal radon programs, as resources are available, should focus on radon testing, mitigation, and radon-resistant new construction in homes, schools, and other buildings by addressing the following priority actions: o Promote public education, awareness, and action directly to consumers, homeowners, home builders, and real estate professionals; o Encourage home builders to include radon-reducing features in new homes; o Promote the adoption or revision of state and local building codes for radon- reducing features in homes and schools; and o Collaborate with State Cancer Coalitions to increase radon actions in state Cancer Control Plans. C.2 Reducing Asthma Triggers EPA has helped build capacity for health care providers to deliver guidelines-based asthma care that focuses on environmental asthma trigger management, with a particular emphasis on childhood asthma. EPA is working to address the next important gap in comprehensive asthma care - equipping health, housing, environmental and health insurance programs to effectively support delivery, infrastructure, and sustainable financing of environmental asthma interventions at home and school. This is a strategic focus of the Coordinated Federal Action Plan to Reduce Racial and Ethnic Asthma Disparities, co-led by EPA, the Department of Health and Human Services (HHS) and HUD. Investment in home environmental interventions improves health outcomes and reduce health care costs. Programs support in-home asthma education, assessment, and interventions at the tribal, state, local, regional, territory and federal level. These programs will help low-income, communities of color, and tribal communities reduce their exposure to environmental asthma triggers and improve an array of health and quality of life outcomes. The program relies on several program outreach and technical assistance assets to promote comprehensive environmental asthma management including an online network for programs to share and spread best practices (Asthma Community Network); national public awareness campaigns (Asthma Awareness Month); national awards and recognition for best practices; and guidance and information resources tailored to varied constituencies. C.2.1 Expected EPA Regional Office Activities C.2.1.1 Build capacity in community-based programs to implement comprehensive asthma programs that address and reduce exposures to environmental asthma triggers, especially in low-income, communities of color, tribal, and Alaska Native Village communities. 1. Support the use of AsthmaCommunityNetwork.org to share best practices, tools, and resources. 2. Work with tribal, regional, and state partners and coalitions to foster integration and collaboration between asthma programs and local housing school, day care, weatherization/energy efficiency or other community development initiatives. 20 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE C.2.1.2 Educate children and families on tailored environmental interventions as part of a comprehensive asthma management program with targeted action in low-income, communities o f color, tribal, and Alaska Native Village communities 1. Support tribes, states and communities in developing and implementing comprehensive environmental asthma management education, assessment and/or interventions in homes, schools, and daycare facilities. 2. Manage grants and contracts to reduce risks from indoor pollutants and asthma triggers, particularly in homes and schools. C.3 Comprehensive Indoor Air Quality (IAQ) Interventions in Homes EPA has established a suite of guidance to comprehensively promote healthy IAQ through proper and effective design, construction, renovation, operation and maintenance, and energy-upgrade practices in homes. The COVID-19 pandemic and impacts of climate change as evidenced by the increased prevalence of wildfires and other natural disasters that impact indoor air have generated unprecedented awareness and demand for healthier indoor air in homes, schools, and other buildings. In residential settings, Indoor airPLUS is a voluntary partnership and labeling program that helps home builders and contractors improve IAQ through construction practices and product specifications that minimize exposure to airborne pollutants and contaminants. Indoor airPLUS is integrated with the ENERGY STAR Residential and Department of Energy's (DOE) Zero Energy Ready Homes labeling programs. Homes that earn the Indoor airPLUS label are verified upon completion by partnering rater organizations, confirming the program specifications, developed and maintained by EPA, have been achieved. In addition, EPA's Energy Savings Plus Health: Indoor Air Quality Guidelines20 provide minimum and recommended practices for ensuring that energy retrofit activities in residential settings support indoor air quality. These guidelines, in addition to the Indoor airPLUS specifications, provide platforms that may be used by a wide range of public and private sector programs to define and advance practices that improve good IAQ in both single and multi-family homes. C.3.1 Expected EPA Regional Office Activities C.3.1.1 Promote adoption of effective IAQ practices in homes 1. Coordinate with HQ to disseminate information about Indoor airPLUS and support implementation of the program by active stakeholders in the community. 2. Manage small grants and contracts to comprehensively reduce risks from indoor pollutants in homes. C.3.1.2 Provide training on IAQ in homes 1. Work with tribal, state, regional, and local energy and healthy housing programs to educate them about the Energy Savings Plus Health: Indoor Air Quality Guidelines, and to encourage their adoption and integration into existing energy efficiency programs (e.g., weatherization and/or utility incentive programs). 20 See: https: //www.epa.gov/indoor-air-quality-iaq/energy-savings-plus-health-indoor-air-quality- guidelines 21 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE C.3.1.3 Increase awareness and demand for indoor air quality protections in homes through improved partner engagement 1. Work with national partner affiliates, tribal/state/local partners, and coalitions to implement integrated IAQ management practices to reduce risks from indoor pollutants, particularly radon and asthma triggers in homes. 2. Work with tribal, state and local healthy homes, energy efficiency, and green home programs, to promote adoption of health protections contained in the Energy Savings Plus Health: Indoor Air Quality Guidelines for existing single and multifamily homes and the Indoor airPLUS label for new homes. C.4 Comprehensive IAQ Interventions in Schools EPA has established a suite of guidance to comprehensively promote healthy IAQ through proper and effective design, construction, renovation, operation and maintenance, renovation and energy- upgrade practices in schools. The COVID-19 pandemic and impacts of climate change as evidenced by the increased prevalence of wildfires and other natural disasters that impact indoor air have generated unprecedented awareness and demand for healthier indoor air in homes, schools, and other buildings. In school settings, EPA's IAQ Tools for Schools program was created to help school communities develop and sustain effective and comprehensive IAQ management programs using simple, low- cost actions to help improve the health of children, youth and staff in schools, to save money, and to decrease student and staff absenteeism. The IAQ Tools for Schools Framework and Technical Solutions21 provide guidance to the school community to formulate and sustain effective and comprehensive indoor air quality management program. IAQ Tools for Schools materials have been implemented successfully in tens of thousands of schools nationwide to provide best practices, industry guidelines, sample policies, and a sample IAQ management plan. Comprehensive guidance, Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades22 provides detailed guidance for integrating health protections into school building energy retrofits and renovations. C.4.1 Expected EPA Regional Office Activities C.4.1.1 Promote adoption of effective IAQ practices 1. Manage small grants and contracts to comprehensively reduce risks from indoor pollutants in schools. 2. Provide targeted technical assistance, training, and resource materials on IAQ Tools for Schools to state and regional school district personnel and stakeholders and to tribal nations. C.4.1.2 Provide training on IAQ in schools 1. Work with school districts and tribal, state, regional, and local energy programs to educate them about the Energy Savings Plus Health: Indoor Air Guidelines for School Building Upgrades and encourage their adoption and integration into existing energy and school renovation projects. 2. Provide targeted technical assistance materials and support to state and regional school 21 See: https: //www.epa.gov/iaq-schools/framework-effective-school-iaq-management 22 See: https://www.epa.gov/sites/default/files/2014-10/documents/energy savings plus health guideline.pdf 22 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE district personnel and stakeholders. 3. Collaborate and form partnerships with other federal and private stakeholders to promote the implementation of action to increase ventilation and improve IAQ in schools using the IAQ Tools for Schools suite of materials. C.4.1.3 Increase awareness and demand for IAQ protections in schools through improved partner engagement 1. Work with national partner affiliates, tribal/state/local partners, and coalitions to implement integrated IAQ management practices to reduce risks from indoor pollutants, particularly radon and asthma triggers in schools. 2. Serve as a local, community-based point of contact to disseminate information about the Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades and how to use them to promote healthy indoor environments in schools. 3. Work with national partner affiliates, tribal/state/local partners, and coalitions to implement actions to improve IAQ in schools using the IAQ Tools for Schools suite of materials. C.5 Reducing Indoor Air Risks from Emergencies, Disasters and Severe Weather Events EPA has established guidance and stakeholder engagement processes to equip communities to address impacts on IAQ that result from emergencies and natural disasters such as power outages, flooding, and wildfires. The COVID-19 pandemic and impacts of climate change as evidenced by the increased prevalence of wildfires and other natural disasters have generated unprecedented awareness and urgency for IAQ protective practices in homes, schools, and other buildings. OAR builds networks within EPA and with other federal partners to support impacted communities and individuals on IAQ issues before, during, and after disasters through technical guidance, assistance and advice. C.5.1 Expected EPA Regional Office Activities: C.5.1.1 Increase awareness and promote adoption of community-based and individual actions to protect IAQ during emergencies and severe weather events. 1. Distribute pre-approved web, video and social media messages during National Preparedness Month and other opportunities. C.5.1.2 Coordinate with HQ and regional disaster recovery coordinators and public affairs directors to embed IAQ protective actions and communications into region-specific preparedness and response activities. 1. Serve as subject matter expert and provide direct technical assistance for local and community-based emergency planning and preparedness efforts to protect IAQ in homes, schools and other buildings. 2. Equip partners with technical guidance to address just-in-time emergency response and recovery needs (e.g., generator safety, establishing a clean room, flood clean up). 23 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE C.5.1.3 Team with HO to identify remaining or emerging gaps in emergency preparedness, response and recovery guidance and/or messages that need to be developed or updated: and track and discuss emerging IAO issues and technologies. 1. Participate in monthly coordinating calls to share information and identify issues (e.g., hot wash) and identify lessons learned from regional emergency events to improve support and coordination. C.6 Radiation Protection This program includes activities for radiation clean up, federal guidance, risk modeling regulatory oversight of the Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP), radiation air toxics or National Emissions Standards for Hazardous Air Pollutants (NESHAPs), technologically- enhanced naturally-occurring radioactive material (TENORM), radioactive waste management, radioactive operations and laboratory analyses. EPA works with other federal agencies, tribes, states, and other government agencies, stakeholders and the public to inform and educate people about radiation risks and promote actions that reduce human exposure. EPA provides radiation guidance and tools and develops regulations to control radiation releases. Expected EPA Regional Office Activities 1. Disseminate information on EPA's radiation protection program to the tribal, state, and local governments, including information on environmental and exposure risk associated with ongoing nuclear fuel cycle activities, permitting, and long-term cleanup activities. 2. Coordinate regional radiation issues, as appropriate. 3. Implement regulatory programs (e.g., radionuclide NESHAPs) to conduct facility inspections and ensure cross-program coordination of enforcement activities. 4. Review the evidence that monitoring programs by facilities meet the requirements of the radionuclide NESHAPs at 40 CFR Part 61 Subpart B, H, I, K, R and W, as applicable (evidence is a required element in annual monitoring plans, reports and on-site inspections), and seek corrective action by monitoring those facilities, where needed. 5. Provide technical support to state radiation, solid waste, environmental and health programs and HQ radiation regulatory, policy and technical workgroups, as requested. 6. Provide technical support to other regional programs (e.g., Superfund, Formerly Utilized Sites Remedial Action Program (FUSRAP), Brownfields) and other federal and state site remediation programs. 7. Work with states on issues involving Technologically Enhanced Naturally Occurring Radioactive Material (TENORM), including issues associated with current and legacy mine waste and water treatment residue. 8. Contribute to agency review of nuclear facility (e.g., power plant licenses, DOE site changes) National Environmental Policy Act (NEPA) submissions including, for example, addressing radiological health and safety issues, environmental impacts, waste management and emergency planning and preparedness activities. 9. Review uranium extraction facility Environmental Impact Statements and NESHAP approvals under Subpart B and Subpart W. 10. Support technical WIPP oversight activities, including coordinating with DOE and New Mexico Environment Department (NMED) on permitting issues and the Biennial Environmental Compliance Report. 11. Coordinate with the Nuclear Regulatory Commission (NRC) on regulatory matters at licensed facilities and supporting state programs in preparing for new licenses and during decommissioning activities. 24 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE C.7 Radiation Emergency Response Preparedness This program includes federal preparedness activities, OAR programmatic readiness, and Radiological Emergency Response Team (RERT) personnel and equipment readiness. This includes development and participation in exercises, training and outreach, radiological emergency response guidance, and readiness of laboratory capability for radioactive analyses. Using a collaborative strategy, EPA works with other federal agencies, tribes, state, and local government agencies to ensure that the appropriate parties are fully informed and prepared to respond should an incident involving radiation occur. For example, the Region maintains knowledge of State emergency plans through work with FEMA's Radiological Emergency Preparedness (REP) Program by providing REP qualified technical evaluators during nuclear power plant exercises. Expected EPA Regional Office Activities 1. Disseminate information on EPA's radiation response and preparedness program activities and capabilities to the states and local agencies and tribal governments. 2. Provide technical support to state and local radiation control programs. 3. Support EPA's radiation emergency response operations by assigning personnel to serve in the positions of Regional Radiation Advisor and RERT Liaison. 4. Provide training opportunities for personnel identified and assigned to serve in the positions of Regional Radiation Advisor and RERT Liaison. 5. Support EPA's Radiation Task Force Leader (RTFL) program. 6. Participate in annual radiation exercises and/or drills. 7. Participate in state and national radiological response efforts. 8. Participate as members of the Regional Assistance Committee (RAC) of each Federal Emergency Management Agency (FEMA) region and perform committee functions as required in 44 CFR Part 351, Subpart B (Federal Radiological Preparedness Coordinating Committee and Regional Assistance Committees) and participate as members of the Advisory Team for Environment, Food, and Health Subcommittee of the Federal Radiological Preparedness Coordinating Committee (FRPCC). 9. Support other radiological incident response organizations such as the Weapons of Mass Destruction (WMD) Civil Support Teams, Department of Energy Radiological Assistance Program teams, National Strike Force, and other state, local, tribal, or territorial radiological response organizations. 10. Assist FEMA in developing and promulgating guidance to state and local governments for the preparation of radiological emergency plans and participate with FEMA in assisting state and local governments in developing their radiological emergency plans, evaluating exercises to test plans and evaluating the plans and preparedness. 11. Assist FEMA in the development of guidance for state and local governments on emergency instrumentation systems for radiation detection and measurement 12. Assist state and local governments on implementing Protection Action Guides (PAGs), including recommendations on protective actions which can be taken to mitigate the potential radiation dose to the population. 13. Assist FEMA with the development, implementation and presentation, to the extent that resources permit, of technical training for state and local officials regarding PAGs and protective actions, radiation dose assessment and decision-making. 14. Assist FEMA in the development, implementation and maintenance of public information and education programs. 15. Assist FEMA's Radiological Emergency Preparedness (REP) Program by providing REP qualified technical evaluators during nuclear power plant exercises. 16. Support tribes in addressing unique radiation problems, concerns, and issues. This includes providing radiation technical assistance, training guidance, and/or presentations to tribal 25 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE governments and communities. C.8 Homeland Security: Preparedness, Response, and Recovery Coordinate EPA's radiation-related homeland security activities with the U.S. Department of Homeland Security (DHS) and other federal agencies to ensure consistency with the National Response Framework. EPA's Radiation Program continues to integrate radiation data into the agency's information systems and to make radiation information accessible to the public. The program maintains RadNet to provide decision makers with information on regional and U.S. coverage of a radiation event impacting large, populated areas of the country. RadNet Fixed Monitor sites are operated by regional, state, local and territorial government environmental professionals and other trained individuals. The program also provides guidance and tools to other federal agencies, tribal, state, and local agencies, territories, stakeholders, and partners. Expected EPA Regional Office Activities 1. Serve as a liaison with RadNet system coordinators and technical experts at HQ. 2. Support EPA's RadNet Program by serving as a liaison with state and local organizations when deciding on a new location and/or volunteer to operate a fixed RadNet monitor. SECTION III. IMPROVING OUTDOOR AND INDOOR AIR QUALITY IN INDIAN COUNTRY AND ALASKA NATIVE VILLAGES This section includes information related to OAR programs on improving outdoor and indoor air quality in Indian Country and Alaska Native Villages. This work is critical to OAR's implementation of the FY2022-2026 EPA Strategic Plan. A.l Improving Outdoor Air Quality and Addressing Climate Change in Indian Country and Alaska Native Villages EPA regions work actively with tribal air and environmental programs to protect indoor and ambient air quality. EPA regions and Tribes are encouraged to collaborate on establishing and updating EPA and Tribal Environmental Plans (ETEPs) as a resource for work-planning and prioritization. The plans lay outTribally designated priorities and EPA roles in air quality work. Tribes can select from and tailor the air quality activities listed to meet their priorities, capacity, and needs. A. 1.1. Expected EPA (HQ and Regional! Activities Unique to Tribal Work A.l.1.1 Tribal Air Quality Management 1. Provide support for tribes and regions on the Treatment as State (TAS) and Tribal Implementation Plan (TIP) processes and act on TAS and TIP submittals in a timely manner. 2. Support tribes in taking delegation of CAA programs and program elements. 3. Provide air quality outreach and training to tribes and tribal organizations including Alaska Native Village staff. 4. Provide grant resources and staff support for tribes and tribal organizations to participate in regional and national level activities such as policy making, monitoring, rule or program development, and implementation workgroups. 5. Provide support for tribes on the Quality Assurance Project Plan (QAPP) process and act on QAPP submittals in a timely manner. 6. Provide informational webinars and conference calls on program and regulatory development and implementation to facilitate the opportunity for tribes to participate in the rulemaking process. 26 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE 7. Provide support to tribes through training, technical tools, and air quality analyses to facilitate tribal participation in the designations process. 8. Support the American Indian Air Quality Training Program (AIAQTP) and Tribal Air Monitoring Support (TAMS) Center operations which provides training, professional assistance and educational outreach for tribal environmental staff. 9. Support the National Tribal Air Association (NTAA) a national conduit for tribal air quality issues, programs, and policies whose mission is to advance air quality management and policies and programs, consistent with the needs, interests, and unique legal status of American Indian tribes and Alaskan Natives. 10. Support tribal participation in assessment and monitoring activities related to air pollutants of interest and atmospheric deposition of mercury on tribal lands, including monitoring projects conducted with funding under the American Rescue Plan. 11. Support the OARTribal Systems lite (OTS) by regularly inputting appropriate data and ensuring tribal activities are accurately reflected. 12. Manage and host training courses to assist tribes in implementing air quality programs on tribal lands at the TAMS Center and remote locations. Training topics include but are not limited to: Grants Management, Principles of Air Monitoring Data Collection, Quality Assurance, Data Management, Indoor Air Quality, and Indoor Air Quality Diagnostic Tools. 13. Operate an Equipment Loan Program to provide tribes with monitoring equipment for ambient and indoor air efforts. A.l.1.2 Implement Outdoor Air Programs in Indian Country and Alaska Native Villages 1. Identify areas requiring a Federal Implementation Plan (FIP) development and implementation process and conduct and support appropriate FIP and implementation efforts. 2. Use Direct Implementation, and Direct Implementation Tribal Cooperative Agreement (DITCA) authority to directly implement federal responsibilities as appropriate. 3. Implement the Part 71, PSD, and tribal NSR rules as they apply to sources located in Indian country. 4. Implement and enforce federal standards23 (NSPS, NESHAP, etc.) as they apply to sources located in Indian country. 5. Implement voluntary emission control retrofit programs for existing heavy-duty diesel engines and wood stove and hydronic heater changeout campaigns. 6. Implement voluntary programs to integrate nontraditional planning (e.g., land use, transportation, and energy) into air quality management 7. Provide Burnwise training in Indian Country and Alaska Native Villages that rely on wood for heating, including safe wood burning practices, proper wood storage and connection between wood smoke and health. A.l.1.3 Title V and New Source Review Permitting Activities 1. Expand the areas of training and general permitting to assist tribes with implementation of the Tribal New Source Review (NSR) rule. 2. Provide guidance and trainings for program development (i.e., TIP Guidance and specific training on NSR). 23 See OECA's draft FY 2023-2024 National Program Guidance: https:IIwww.ep a. go v /pi anandb udget / national-program-guidances 27 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE A.l.1.4 Diesel Emissions Reduction Act (DERA) Program 1. Issue a Tribal and Insular Area only DERA Request for Applications (RFA) that addresses the unique tribal parameters that challenge DERA eligible diesel reduction projects in Indian country. 2. Expand technical support for the DERA program including hosting tribal teleconferences and webinars on the availability of DERA funding for tribes. 3. If appropriate, provide technical visits to at least two DERA tribal recipient projects annually. A. 1.2 Expected Tribal Activities 5.1.2.1 Tribal Air Quality Management 1. Continue to implement strategies to attain and maintain the NAAQS, as appropriate. 2. Conduct public notification, including reporting air quality data and forecasts for ozone and particle pollution. 3. Provide air quality monitoring and/or assessment data to EPA and/or Air Quality System (AQS). 4. Conduct air quality monitoring pursuant to 40 CFR Part 58. 5. Complete and submit emissions inventories to the Emissions Inventory System (EIS). 6. Submit eligibility determinations under the Tribal Authority Rule (TAR). 7. Submit TIPs and/or develop ordinances to address air quality conditions for reservation areas and for non-reservation areas within the tribe's jurisdiction. 8. Assist in FIP development and implementation process for sources and areas in Indian country. 9. Participate in local, regional, and national policy developments and actions directly with tribes or through the National Tribal Air Association (NTAA). 10. Participate in regional and national meetings, conferences, and teleconferences on rule and policy development, attend outreach events, and seek training and support to build capability for effective participation. 11. Participate in training and technical support activities conducted as part of the American Indian Air Quality Training Program (AIAQTP), including participating in workshop training both as students and instructors and assisting tribes in collaborative learning and the Institute for Tribal Environmental Professionals (ITEP)/Tribal Air Monitoring Support (TAMS) Center to build capacity to address indoor and outdoor air quality concerns. 12. Participate in training on and/or implement voluntary programs to address air quality concerns. 13. Continue discussion and outreach on the use of ambient air monitoring sensor applications. 14. Provide recommendations and comments as necessary regarding potential preliminary EPA- issued area designations and boundaries for a potentially revised ozone NAAQS, the 2012 PM2.5 and the 2010 SO2 NAAQS, in accordance with relevant EPA guidance and regulations. 15. Work with states and EPA, as necessary, to clarify air quality management authority for non- reservation tribal lands. 5.1.2.2 Tribal Title V and New Source Review Permitting Activities 1. Work with regions to register minor sources for NSR permit planning. 2. Tribes with approved new source permitting programs should issue permits. 3. Work with regions to understand tribal role in implementing NSR and as appropriate, participate in permitting, take program delegation, permit commenting or develop TIPs. 28 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE A.l.2.3. Allowance Trading and Other Stationary Source Programs 1. Continue supporting four tribal CASTNET small-footprint monitoring sites operated by the Confederated Tribes of the Umatilla Indian Reservation; Nez Perce Tribe; Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; and Red Lake Band of Chippewa Indians, Minnesota; and three full tribal CASTNET sites operated by the Alabama-Coushatta Tribe of Texas; Cherokee Nation; and Santee Sioux Nation, Nebraska. 2. Build tribal monitoring capacity by establishing a CASTNET small-footprint site in partnership with the La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California. 5.1.2.3 Climate Change 1. Attend training, develop plans, and develop or acquire capability to understand, assess, and respond to Climate Change. A.2 Improving Indoor Environments in Indian Country and Alaska Native Villages OAR plays a unique role in protecting public health in Indian country and Alaska Native Villages by promoting healthy indoor air quality (IAQ). EPA supports addressing IAQ issues in Indian Country and Alaska Native Villages by developing and implementing voluntary outreach and partnership programs that provide information about IAQ and actions that can be taken to reduce potential risks. The agency will work to restore, leverage, and scale up programs to reduce exposures to radon through home and school testing and mitigation, promote in-home asthma management, improve air quality in homes and schools, and build capacity for tribes and communities with environmental justice concerns to comprehensively address indoor air risks. A.2.1 Expected EPA (HQ and Regional Office! Activities 1. Ensure that tribal partners are aware of IAQ-related grant opportunities - such as the State Indoor Radon Grants (SIRG) program - and have resources to help tribes understand and navigate federal application processes, including utilizing Performance Partnership Grants to enhance SIRG benefits. 2. Encourage tribal and Alaska Native Village communities to develop community partnerships along with action plans for community-based IAQ school management planning, radon reduction activities, asthma reduction activities or addressing other IAQ issues. 3. Partner with the Institute for Tribal Environmental Professionals (ITEP) to develop communication tools including websites, webinars, newsletters, and other outreach materials to share and build tribal knowledge and capacity to address IAQ issues. 4. Collaborate and form partnerships with federal and private entities involved in tribal building projects to help develop clear and consistent policy and guidance on construction of buildings integrating features to promote good IAQ in Indian country and Alaska Native Villages. A.2.2 Expected Tribal Activities 1. Attend training opportunities and webinars, develop IAQ management plans, and develop or acquire capability to understand, assess, and respond to indoor air quality concerns as well as grants training. 2. Implement indoor air programs, as appropriate. 29 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE A.3 Addressing Radiation Protection in Indian Country and Alaska Native Villages EPA works with tribes to inform and educate people about radiation risks and promote actions that reduce human exposure. EPA provides radiation guidance and tools and develops regulations to control radiation releases. EPA (HQ and Regional) Activities 1. Provide training on decommissioning and legacy site clean-up activities such as Multi- Agency Site Survey and Investigation Manual (MARSSIM) and Multi-Agency Radiation Survey and Assessment of Materials and Equipment (MARSAME). 2. Provide technical support to tribes on assessing and responding to radiation risks. SECTION IV. FLEXIBILITY AND GRANT PLANNING EPA regions and air agencies are encouraged to use the established work-planning process to provide flexibility and tailor work expectations to meet local circumstances, as appropriate. EPA regions will work collaboratively with air agencies to prioritize activities and agree on the level of effort within available resource levels. OAR recognizes that there will not be enough resources to do everything and not all programs and requirements apply in the same way everywhere. Recognizing that circumstances can change during a year due to court decisions, state or federal legislative action, budget issues, or other events, as necessary and appropriate, EPA is prepared to work with air agencies to adjust resources to meet changing priorities. The air program is committed to working collaboratively with air agencies to resolve issues that may arise during work planning. OAR also coordinates with EPA program offices, regions, states, local agencies, and territories and engages in consultation and coordination with tribal governments as it designs, develops, implements and oversees national air programs. Regional offices will work with states, local air agencies, and territories, and consult with tribes to implement and review these programs. A. GRANT ASSISTANCE TO CO-IMPLEMENTERS The President's FY 2023 Budget requests $566.8 million in State and Tribal Assistance Grant (STAG) funds for air programs. $322.2 is targeted for continuing air programs carried out by states/locals. The request for the tribal air grant program is $23.1 million and $150.0 million for Diesel Emissions Reduction Act (DERA) Grants.24 Comparison of State and Tribal Assistance Grants for Air: FY 2021, FY 2022, and FY 2023 (in $millions) Program Area FY 2021 Enacted FY 2022 Enacted FY 2023 President's Request State/Local Air Program $229,500.0 $231,391.0 $322,198.0 Tribal Air Program $13,415.0 $13,415.0 $23,126.0 Diesel Emission Reduction Program $90,000.0 $92,000.0 $150,000.0 24 See: https://www.epa.gov/sYStem/files/documents/2022-04/fV-2023-congressional-iustification-all-tabs.pdf 30 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE Program Area FY 2021 Enacted FY 2022 Enacted FY 2023 President's Request State Indoor Radon $7,795.0 $8,295.0 $12,487.0 Targeted Airshed Program $59,000.0 $61,927.0 $59,000.0 Total $399,710.0 $407,028.0 $566,811.0 A.l Continuing Air Program The $322.2 million state/local continuing air program portion of the President's request includes an increase of $90.8 million over FY 2022 enacted levels. This increase will help expand the efforts of air pollution control agencies to implement their programs and to accelerate immediate on-the- ground efforts to reduce GHGs, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce volatile organic compounds (VOC) and methane emissions; developing policies and programs to facilitate build-out of electric vehicle (EV) charging station infrastructure; increasing air quality monitoring in environment justice areas; and supporting programs to improve transportation options and reduce disproportionate exposure to traffic emissions in overburdened communities. EPA has committed to work collaboratively with air agencies during the course of work planning and to encourage flexibility through the use of Performance Partnership Agreements (PPAs) and Performance Partnership Grants (PPGs). Information on PPAs and PPGs can be found in EPA's Office of Congressional and Intergovernmental Affairs (OCIR) FY 2023-2024 National Program Guidance and at https: //www.epa.gov/ocir/national-environmental-performance-partnership- svstem-nepps. OAR-specific PPA and PPG-eligible grants include Air Pollution Control - CAA Section 105 and State Indoor Radon Grants- TSCA 306. Core Activities: In FY 2023 and FY 2024, air agencies will continue to implement NAAQS with a focus on bringing ares into attainment, monitor industry compliance with EPA stationary source regulations, develop emission inventories, characterize air toxics problems, and meet NAAQS ambient air monitoring requirements. EPA updates NAAQS according to CAA deadlines and based on the most recent science, and these updates typically require the preparation of new or updated SIPs. Due to the multi-pollutant, and often regional nature of air pollution, preparation and implementation of SIPs are complex - requiring modeling technical analysis, refined emission inventories, monitoring, and increased stakeholder involvement and coordination. EPA is committed to working with states to reduce the SIP backlog as well as improving the timeliness of SIP action. Air agencies also address hazardous air pollutants. Ambient Monitoring: The CAA requires EPA to review each NAAQS every five years and propose necessary revisions. A revision to a NAAQS may place new monitoring requirements on tribes/states/locals. Funding of air monitoring, including a proposed transition in funding authorities for PM2.5 monitoring and associated program support for ambient monitoring, is addressed in greater detail in the current National Program Guidance - Monitoring Appendix available at: https://www.epa.gov/amtic/national-program-manager-npm-guidance-monitoring- appendix. Program Contact: Tim Hanley, OAR, (919) 541-4417. Allowance Trading Programs: The Clean Air Allowance Trading Programs are nationwide and multi-state programs that address major, national, and regional air pollutants from large stationary 31 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE sources. EPA operates six trading programs on behalf of states in the eastern U.S. - two annual SO2 trading programs, an annual N0X trading program and three ozone season N0X trading programs. In addition, EPA operates a Texas intrastate SO2 trading program. Since 1998, all the affected states in each of the interstate air pollution control programs have contributed a portion of their STAG dollars each year for the implementation of EPA's centralized allowance trading and emissions tracking systems. EPA is authorized to use Section 105 grants for direct implementation (PL 105-65, 111 Statute 1344, and 40 CFR 35.116). In EPA's STAG allocation to regional offices, contributions of STAG dollars are determined based on the total annual costs divided by the number of units participating in EPA's trading programs in each state. Unit participation in EPA's trading programs can vary from year to year, based on changes in regulatory and legal requirements, as well as changes in the number of new and/or retiring units. The average annual STAG contribution to cover certain costs is estimated to be $2.4 million. These costs include systems operations and maintenance, software development and maintenance, and system security. The costs also include quality assurance and electronic auditing of emissions data, support for monitoring and reporting-related questions, and development of reporting procedures and instructions for new reporting requirements. EPA federal appropriations are also used in addition to STAG funding to cover other costs, such as staff salaries, benefits, and other costs not covered by STAG funding. Program Contact: Daniel Hopkins, OAR, (202) 564-8626 Trans-Boundarv Program - Great Lakes Air Deposition fGLADl Program: The GLAD program is part of the overall Great Lakes program, the goal of which is to restore and maintain the Great Lakes ecosystem. GLAD promotes the coordination of efforts to reduce air toxics deposition and its resulting adverse impacts by supporting scientific research, information gathering and collaboration among policy makers. The program, which also supports the Great Lakes Water Quality Agreement with Canada, shares STAG resources among the eight Great Lakes states: Illinois, Indiana, Minnesota, Michigan, New York, Ohio, Pennsylvania, and Wisconsin. In FY 2023, approximately $1.2 million is proposed to be awarded to these states under Section 105 as part of their categorical air program grant or as an air work plan element in a PPG. Program Contact: Lisa Holscher, Region 5, (312) 886-6818. Trans-Boundarv Program - US-Mexico Border Air Program: EPA and its Mexican counterpart SEMARNAT have established Border 2020, a bi-national program focused on cleaning the environment, protecting public health, and ensuring emergency preparedness for the 12 million people who live along the border. The program supports the initiatives of the affected state, local, and multi-jurisdictional agencies on both sides of the border and uses regional workgroups, task forces, and policy forums to develop and implement pollution reduction strategies. In FY 2023, approximately $2.2 million is proposed to be awarded to eligible states/locals as part of their Section 105 air grant. Program Contacts: Mariama Mitchell (214) 665-6763 and Guy Donaldson (214-665-7242), Region 6 and Idalia Perez, Region 9, (619) 235-4769. Multi-Turisdictional Organizations fMIOsl: Numerous states/locals have found it advantageous to form MJOs to help coordinate their geographically specific clean air interests at the regional level. A state or local agency wishing to fund an MJO may: a) direct the Regional Office to set aside agency's desired contribution from its prospective portion of the regional allotment (i.e., on a pre-allotment basis); or b) directly fund the MJO once the state or local agency receives its allotment A regional office may provide STAG funding to such an organization using Section 103 authority only if: the contributing agencies provide their prior consent; the MJO is eligible for the funding; and the MJO's activities are appropriate as associated program support. Funding for regional-scale MJOs is not 32 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE delineated as part of the national region-by-region allocation of STAG funds but is instead identified within the respective region's allotments to its state/local agencies. Air agencies may ask EPA to dedicate part of EPA's region-by-region allocation of STAG funds to national-level MJOs that have a grant with EPA. National-level MJOs provide associated program support to its member state/local agencies by coordinating their air quality activities at the national level and engaging in activities that enhance their effectiveness. Member agencies may support a national-level MJO with their own STAG funds by either: a) providing their prior consent to EPA to target a portion of the funds that would otherwise be allotted to them to go instead for direct award to a national level MJO; or b) directing a national level MJO to bill them directly for their membership dues. Section 105 recipients who are not members of any national-level MJO will not have their allotments affected. The awarding of funds to national level MJOs is subject to agency review and approval. Program Contact: Tim Roberts, OAR, (202) 564-6004. Clean Air Act Training: CAA Section 103(b) requires EPA to provide training for personnel of air pollution control agencies, and to make training grants related to the causes, effects, extent, prevention, and control of air pollution available to air pollution control agencies and other qualified entities. EPA provides STAG funds annually for the support of CAA training provided by MJOs to support the work of their air agency members. EPA will continue working with the Joint Training Committee which includes MJOs, national organizations of air agencies, and several individual air agencies to: 1. Continue to maintain and enhance a learning management system (LMS) to improve the administration and delivery of classroom and web-based training for air agencies; 2. Develop and update in person and virtual classroom course materials. 3. Develop and update self-instructional courses in a web-based e-learning format; and, 4. Develop and maintain curricula describing the foundational, intermediate and advanced air quality topics within the broad functional areas that are most relevant to air agency jobs. In addition, EPA will continue to manage a grant to provide a pool of instructors to teach in person and virtual classroom courses and will offer a partnership website to provide access to the LMS content to air agencies and other audiences. Program Contact: Adam Baumgart-Getz, OAR, (919) 541-0386. Ozone Transport Commission fOTCl: EPA will support the OTC using the CAA Section 106 authority to provide grants to commissions designated by affected Governors to address ozone transport. To date, the OTC is the only such commission. The OTC represents Northeastern and Mid-Atlantic States in the Ozone Transport Region (OTR). Program Contact: Catrice Jefferson, OAR, (202) 564- 1668. A.2 Diesel Emissions Reduction Act (DERA) Grants EPA continues to support DERA grant funds for FY 2023 and FY 2024. Priority for funding will be on ports and goods movement, poor air quality areas, communities suffering from a disproportionate exposure to diesel emissions, and/or those projects with multi-pollutant benefits. EPA will continue to manage DERA grants and rebates and to monitor and close grants from prior years. EPA also will track, assess, and report the results of the DERA grants, such as numbers of engines replaced, emissions benefits, and cost-benefit information. For information, see: https://www.epa.gov/dera. Program Contact: Christine Koester, OAR, (202) 343-9689. 33 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE A.3 Clean School Bus Program EPA will provide grant, rebate, and contract funds for FY 2023 and FY 2024 for the Bipartisan Infrastructure Law's Clean School Bus Program. Priority may be given for applications that propose to replace buses that serve high need local education agencies, Tribal schools, rural or low-income areas, and applications that provide cost share. EPA will continue to manage Clean School Bus Program awards and to monitor and close grants from prior years. EPA also will track, assess, and report the results of the Clean School Bus Program funding, such as numbers of engines replaced and emissions benefits. For information, see: https://www.epa.gov/cleanschoolbus. Program Contact: Christine Koester, OAR, (202) 343-9689. A.4 Other Grant Programs Tribal Air Grants: Through CAA Section 105 grants, tribes may develop and implement programs to prevent and control air pollution or to implement NAAQS, NSR and permit programs, and delegated federal programs like 40 CFR Part 71 and MACT standards. Through CAA Section 103 grants, tribes, tribal air pollution control agencies, and multi-tribe jurisdictional air pollution control agencies may conduct and promote research, investigations, experiments, demonstrations, surveys, studies and training related to air pollution on tribal lands. For information, see: http s://www, epa. gov /tribal- air. Program Contact: Pat Childers, OAR, (202) 564-1082. B. ALLOCATION of CAA SECTION 105 GRANTS CAA Section 105 provides EPA authority to administer grants to air pollution control agencies to support implementation of CAA activities. In allocating Section 105 resources, CAA directs EPA to consider population, pollution, and financial need. With the exception of FY 2016, EPA has used the same methodology since the early 1990s for allocating CAA Section 105 resources among its ten regions for distribution by the regions to air agencies. Between 2006 and 2010, EPAled an effort to update this allocation methodology; however, Congress directed EPA's continued use of the historical allocation through FY 2015. EPA's FY 2016 appropriation provided the opportunity to move forward with implementation of the revised allocation using updated data sets. The results revealed some sensitivities in this methodology that prompted EPA to commit to further refinements. This has not yet occurred because every appropriation from FY 2017 until the publication of this National Program Guidance has directed EPA to allocate Section 105 resources using the historical allocation. Future Refinements to the Allocation of Sectionl05 Grants. 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. C. EFFECTIVE GRANTS MANAGEMENT Administrative and programmatic provisions for effective oversight and utilization of continuing program and project-specific grants awarded to tribes/states/locals and multi-jurisdictional entities are summarized below. The list is not exhaustive but includes the proper use of award authority, adherence to specific grant program requirements, effective post-award oversight, identification of performance measures and results, the funding of co-regulator organizations, and the promotion of competition. For information, see: https://www.epa.gov/grants and https://www.epa.gov/grants/epa-grants-policy-resources. 34 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE Complying with Federal Civil Rights Requirements. Including Title VI of the Civil Rights Act of 196425: EPA has a responsibility to ensure that recipients and subrecipients of federal financial assistance from EPA -- including states, municipalities, and other public and private entities -- comply with federal civil rights laws that prohibit discrimination on the basis of race, color, national origin (including limited English proficiency), disability, sex and age, including Title VI of the Civil Rights Act of 1964. EPA intends to ensure compliance with civil rights laws by recipients of EPA funding and that their programs or activities do not discriminate on the basis of race, color, national origin (including limited English proficiency), age, disability or sex. Using Proper Authorities for Award: OAR provides guidance to its program offices and the regions via the intranet that clarifies who is eligible for grant assistance given the purpose of the funded activity, the appropriation, and the grant authority associated with the funds. OAR will update the guidance to reflect any changes associated with its annual appropriation, as needed. Program Contact: Tim P. Roberts, OAR, (202) 564-6004. Ensuring Effective Oversight of Assistance Agreements: EPA Order 5700.6.2A2, Policy on Compliance, Review and Monitoring, effective January 1, 2008, updated and streamlined the post- award management of grants and cooperative agreements. The Order requires EPA offices to monitor a recipient's compliance with its programmatic terms and conditions, the correlation of the work plan and application content with actual grant progress, the use of equipment, and compliance with relevant statutory and regulatory requirements. The key internal controls to monitor these activities are Baseline and Advanced Monitoring. Offices are required to submit oversight plans and document their execution. The Order may be found at https://www.epa.gov/sites/default/files/2015-03/documents/epa order 5700 7al.pdf. Program Contact: Ned Dowdell, OAR, (202) 564-5578. Improving Grant Workplans: Tribes/states/locals seeking single media air grants or PPGs containing air elements should submit grant work plans that show clear linkages between the recipient's efforts and the agency's Strategic Plan goals and objectives. The agency's long-term goal is for EPA and the states to achieve greater consistency in work plan formats. Accordingly, the Office of Grants and Debarment (OGD) issued Grants Policy Issuance (GPI) 11-03, "State Grant Workplans and Progress Reports." Regional offices should ensure that the GPI is incorporated in workplan negotiations and provides appropriate outreach to recipients. Program Contact: Tim P. Roberts, OAR, (202) 564-6004. Achieving Programmatic and Environmental Results: Recipients have the obligation to articulate sound measures of performance and report insightful and useful results data. EPA Order 5700.7A1 - "Environmental Results under Assistance Agreements" applies to all grants, not just categorical grants to states. The Order requires EPA project officers to assure that each grant: (1) links proposed assistance agreements to the Agency's Strategic Plan; (2) ensures that outputs and outcomes are appropriately addressed in assistance agreement competitive funding announcements, work plans and performance reports; and (3) reviews the results from completed assistance agreement projects and report on how they advance the Agency's mission of protecting human health and the environment. For more information, see https: //www.epa.gov/grants/ep a- order-57007al-epas-policy-environmental-results-under-epa-assistance-agreements. Program Contact: Ned Dowdell, OAR, (202) 564-5578. 25 For more information about the federal civil rights laws enforced by EPA, including Title VI, see: https://www.epa.gov/ocr/title-vi-laws-and-regulations and https://www.epa.gov/ogc/external-civil-rights- compliance-office-title-vi. 35 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE Promotion of Competition: Agency policy is to promote competition in the award of grants and cooperative agreements where practical. EPA Order 5700.5A1 presents the Agency's competition policy. The Order exempts grants for continuing environmental programs, such as those funded under Section 105 as well as Section 103 grants for PM2.5 monitoring Section 103 national air toxics monitoring trends network grants, federally recognized tribes, and inter-tribal consortia under OAR's tribal grant program. EPA is not precluded from awarding grants through competition for a portion of the exempted programs if the Agency determines it is in the best interest of the public to do so. The Competition Policy may be found at https://www.epa. gov/grants/epa-order-57005al- epas-policv-competition-assistance-agreemerits. Program Contact: Ned Dowdell, OAR, (202) 564- 5578. Approval Process for STAG Awards to Co-Regulator Organizations: A co-regulator organization is defined by EPA as a national or regional (i.e., multi-jurisdictional) organization that represents the interests of co-regulators/co-implementers (tribal, state or local governments) in the execution of national or regional environmental programs. EPA issued a policy on December 1, 2006, that clarified that the head of the affected state agency or department (e.g., the state environmental commissioner or head of the state public health or agricultural agency) be involved in the funding process and that EPA request and obtain the prior consent of this official before taking funds off the top of a state grant allotment for direct award to a state/local co-regulator organization. On October 12, 2011, the Agency further clarified that co-regulator organizations are exempted from competition for awards made using funds appropriated by Congress under the STAG appropriation for certain co-regulator activities that clearly support, or are extensions of, core state, local or tribal agency responsibilities. The clarification also notes that awards made to co-regulators using other than STAG funds, though not exempted from competition, could qualify for an exception from competition on a case-by-case basis, if properly justified. Program Contact: Ned Dowdell, OAR, (202) 564-5578. SECTION V. FY 2023 NATIONAL PROGRAM GUIDANCE MEASURES Code Measure SIP SIPs Acted On SIP2 SIP Backlog SIP3 SIPs Acted on within 18 Months SECTION VI. KEY CONTACTS Subject/Program Area Contact Name Phone Email Office of Air Quality Planning & Standards Juan Santiago 919-541-1084 santiago.juanOepa.gov Office of Atmospheric Programs Daniel Hopkins 202-564-8626 hopkins. danielOepa. gov Office of Transportation & Air Quality Julie Henning 734-214-4442 henning.julieOepa.gov Office of Radiation & Indoor Air Shelley Costa 202-343-9889 costa. shellevOepa. gov Tribal Programs Pat Childers 202-564-1083 childers.patOepa.gov General Questions Marc Vincent Michael Wolfe 202-564-0876 202-564-1295 vincent.marcOepa.gov wolfe.michaelOeDa.sov 36 ------- OAR DRAFT FY2023-2024 NATIONAL PROGRAM GUIDANCE APPENDIX. EXPLANATION OF KEY CHANGES FROM FY 2020-2021 Office of Air and Radiation Section of Guidance Change from FY 2020-2021 NPM Guidances Reason for Change Location of New/Modified Information General New sections aligned to support implementation of the FY 2022- 2026 EPA Strategic Plan Issuance of FY 2022-2026 EPA Strategic Plan Throughout the Guidance General Activities aligned to support implementation of the FY 2022- 2026 EPA Strategic Plan Issuance of FY 2022-2026 EPA Strategic Plan Throughout the Guidance Tribal Section Developed section with activities for tribes only Clarification Section III Contact Information Updated List Staff Changes Section V 37 ------- |