Publication #440B22002
Office of Air and Radiation (OAR) FY 2023-2024 National Program Guidance:
External Comments and Responses
August 26, 2022
*PIease note: OAR's Final FY2023-2024 National Program Guidance and response to comments do not address new activities under the recently passed
Inflation Reduction Act. The Agency will communicate further information about that separately.
Issue Area
Comment
Commenter
Location
Response
General
EPA appropriately acknowledges that there
will not be sufficient resources for all activities
and that priorities may vary throughout the
nation. NACAA supports EPA's plan to work
with state and local air agencies "to adjust
resources to meet changing priorities," to work
collaboratively with state and local air agencies
to resolve planning issues and to provide
flexibility in developing workplans.
National
Association of
Clean Air
Agencies
(NACAA)
Page 3
(Introduction)
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment EPA will continue to
actively engage states and local air agencies to
resolve planning issues and provide necessary and
allowable flexibilities where needed in order to
meet changing priorities and is prepared to work
with air agencies to adjust priorities, as necessaiy
and appropriate. No change to the document.
General
EPA appropriately acknowledges that there
will not be sufficient resources for all activities
and that priorities may vary throughout the
nation. ECOS supports EPA's plan to work with
state and local air agencies "to adjust resources
to meet changing priorities," to work
collaboratively with state and local air agencies
to resolve planning issues and to provide
flexibility in developing work plans.
Environmental
Council of the
States (ECOS)
Page 3
(Introduction)
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment EPA will continue to
actively engage state and local air agencies to
resolve planning issues and provide necessary and
allowable flexibilities where needed in order to
meet changing priorities and constraints due to
resource availability. No change to the document
General
State and local agencies and the jurisdictions
that they serve are unique and differ socially,
geographically, and economically. AAPCA
members appreciate EPA's encouragement of
flexibilities and tailored expectations in the
work and grant planning processes.
Association of
Air Pollution
Control
Agencies
(AAPCA)
Page 3
(Introduction)
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment EPA will continue to
actively work with the various external
stakeholders to meet their unique and differing
needs, providing necessary and allowable
flexibilities where needed. No change to the
document
General
EPA appropriately acknowledges that there
will not be sufficient resources for all activities
and that priorities may vary throughout the
nation or per court decisions. The NSC
supports EPA's plan to work with state and
local air agencies "to adjust resources to meet
National
Steering
Committee
(NSC) of the
Small Business
Environmental
Page 3
(Introduction)
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment EPA will actively
engage state and local air agencies to resolve
planning issues and provide necessary and
allowable flexibilities where needed to meet
changing priorities and constraints due to resource
availability. No change to the document.
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Issue Area
Comment
Commenter
Location
Response
changing priorities," to work collaboratively
with state and local air agencies to resolve
planning issues and to provide flexibility in
developing work plans.
Assistance
Programs
General
ECOS supports EPA's encouragement to use
established work-planning processes to
provide flexibility and tailor work expectations
to meet local circumstances, as appropriate.
Including use of the information in the ECOS
Field Guide intended to increase flexibility and
efficiency.
ECOS
Page 3
(Introduction)
Thank you for your comment EPA will continue to
support the use of established work-planning
processes, providing necessary and allowable
flexibilities where needed. No change to the
document
General
The document begins to mention ECOS without
defining it as the Environmental Council of the
States. This should be defined.
Mille Lacs Band
of Ojibwe
Page 3
(Introduction)
Thank you for your comment The document has
been revised.
General
ECOS encourages EPA headquarters to
maintain a close working relationship with
state agencies in addition to maintaining the
regional relationship.
ECOS
Page 4
(Introduction)
Thank you for your comment EPA intends to
maintain close relationships with external
stakeholders to meet Agency goals and priorities.
No change to the document
General
NSC encourages EPA headquarters to maintain
a close working relationship with states
agencies in addition to maintaining the
Regional relationship. The NSC has appreciated
the renewed and strengthened connection with
OAR through some of its subordinate offices
(OAQPS) in recent years as a demonstration of
this close working relationship. The NSC
encourages EPA to continue this connection,
especially regarding any regulations that may
impact small businesses.
NSC
Page 4
(Introduction)
Thank you for your comment OAR, including the
Office of Air Quality Planning and Standards
(OAQPS), will continue to provide necessary
support and assistance to small businesses
impacted by our rules. No change to the document.
General
ECOS supports EPA's ongoing commitment to
participate actively in and advance the efforts
of E-Enterprise for the Environment,
specifically the Combined Air Emissions
Reporting Team and the State Plan Electronic
Collaboration Team, as well as work with ECOS
in the state-led effort to illustrate the outcomes
ECOS
Page 4
(Introduction)
Thank you for your comment EPA will continue to
actively participate in and advance E-Enterprise
efforts for the Environment. No change to the
document
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Issue Area
Comment
Commenter
Location
Response
of states' efforts to improve public health and
the environment
General
NSC supports EPA's ongoing commitment to
participate actively in and advance the efforts
of E-Enterprise for the Environment,
specifically the Combined Air Emissions
Reporting Team and the State Plan Electronic
Collaboration Team. The NSC does caution that
electronic reporting should not be a
requirement but an option as internet access
and internet capability is not uniform across
the U.S.A. and may prove a hardship for smaller
businesses.
NSC
Page 4
(Introduction)
Thank you for your comment EPA will continue to
actively participate in and advance E-Enterprise
efforts for the Environment. No change to the
document
General
ECOS supports EPA's commitment to promote
flexibility through the use of Performance
Partnership Grants(PPGs).
ECOS
Page 4
(Introduction)
Thank you for your comment EPA will continue to
encourage PPG usage to increase necessary and
allowable flexibilities. No change to the document
General
NACAA's Tanuarv 15. 2021 transition letter
urged the Federal Government to take action to
address the climate crisis, calling for "The new
Administration [to] make a strong and urgent
effort to lead the nation and global community
towards comprehensive, inclusive and
economically sound climate change mitigation
and adaptation policies and regulations. In the
last four years, state and local agencies in
NACAA have implemented programs that made
meaningful progress towards reducing GHGs,
but a strong comprehensive federal approach
is essential for providing lasting nationwide
reductions, regulatory certainty and a more
protective baseline for all states to meet"
As NACAA stated in that letter, "EPA should
work closely with state and local agencies as it
develops federal rules responsive to the 2009
Endangerment Finding to limit emissions of the
six identified GHGs. As a part of the federal
government's leadership on climate mitigation,
NACAA
Page 4
(Implementing
Goal 1, Objective
1)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on developing federal rules to address the
climate crisis. No change to the document.
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Issue Area
Comment
Commenter
Location
Response
adaptation and justice, EPA and other relevant
federal agencies should also encourage,
support (and, when necessary, require) state
and local actions to reduce GHG emissions."
General
With respect to "Reduce Emissions That Cause
Climate Change," NACAA urges EPA to take
note of recommendations embodied in the
January 15, 2021 Transition Letter and on
comments the association has offered in
response to proposed EPA rules related to
these implementation steps:
Final Rule for Light Duty Vehicles through MY
2026:
https://www.4cleanair.org/news/nacaa-
comments-on-epas-proposed-revisions-to-ldv-
ghg-emission-standards/
NSPS for the Oil and Gas Sector:
https://www.4cleanair.org/wp-
content/uploads /NACAA- Oil-and- Gas- NSP S-
Comment-Letter-01 28 2022.pdf
HFC Phasedown Implementing the 2021 AIM
Act: https://www.4cleanair.org/wp-
content/uploads/Final-
NACAA 7 2 21 Comments HFC AIM ACT-
l.odf
NACAA
Page 4
(Implementing
Goal 1, Objective
1)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal agencies
on developing federal rules to address the climate
crisis; in particular, rules related to the oil and gas
sector and light-duty vehicles. In addition, EPA
appreciates the feedback on ways to effectively
coordinate with state and local governments on
implementation of the AIM Act The Agency will
continue to consult with state and local
governments on issues of shared interest as we
phase down HFCs, in particular on rules where
states have existing regulations. No change to the
document
General
If "ozone" is defined as 03 on page 7 at its first
presentation, then other than in the title of
"Ozone Advanced", this chemical symbol can be
used in subsequent instances, and then on page
13 for the various NAAQS, all 6 criteria
pollutants would be listed by their respective
abbreviations.
Mille Lacs Band
of Ojibwe
Throughout
Thank you for your comment The term "ozone" is
used in different contexts throughout the guidance
for clarity (e.g., ozone layer). No change to the
document
Partnership
Programs
It is important that EPA consider that as older,
higher emitting coal units retire, the utilization
of other units in the fleet may change to meet
demand requirements. Therefore, EPA should
take into account anticipated generation
Wisconsin
Department of
Natural
Resources
(DNR)
Pages 4-7
(Partnership
Programs)
Thank you for your comment EPA intends to
continue our collaborative effort with the electric
power industiy to identify, recommend, and
implement cost-effective solutions to reduce SF6
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Issue Area
Comment
Commenter
Location
Response
shifting in their activities related to supporting
renewable energy programs and voluntary
fluorinated greenhouse gas reduction
programs.
emissions and will also do so in the case of
generation shifting. No change to the document
Partnership
Programs
GHG is already defined as "greenhouse gas" on
page 4. Redefining this is redundant
Mille Lacs Band
of Ojibwe
Page 5
(GHG Reporting
Program]
Thank you for your comment The document has
been revised.
Partnership
Programs
Under A.2 Energy Star, "Expected EPA Regional
Office Activities" all explain how Energy Star is
involved as an activity, with the exception of
point 2. where there is no mention of Energy
Star and how it can be part of Tribal activity.
Mille Lacs Band
of Ojibwe
Page 5
(Energy Star)
Thank you for your comment The document has
been revised.
Partnership
Programs
The NSC supports EPA's plan to support
activities to recognize Energy Star partners to
help make this program more visible. When it
was initially launched, it was a very visible
program, but it feels as if it has become more in
the background recently. Recognition of
successes and steps at how other businesses
can implement energy cost savings as well as
clear outlines of energy reduction incentives
can help increase shifts to a more energy
efficient business.
NSC
Page 6
(Energy Star)
Thank you for your comment and support for
activities to recognize Energy Star partners to help
make this program more visible. No change to the
document
Partnership
Programs
The NSC supports the Green Power
Partnership and the cooperative nature of the
partnership. The NSC would also comment that
more widespread implementation of net-
metering as a Federal standard may further
help drive a residential or small business shift
to renewable energy, especially in those areas
where net-metering is not currently available.
NSC
Page 6
(Renewable
Energy
Program)
Thank you for your comment and support for the
Green Power Partnership and the cooperative
nature of the partnership. No change to the
document
Partnership
Programs
The description paragraph of "A.6 Voluntary
Fluorinated Greenhouse Gas Emissions
Reduction Programs" defines RAD, EPS, and
SF6. But in the "Expected EPA Regional Office
Activities" those terms are again defined, and
shouldn't be.
Mille Lacs Band
of Ojibwe
Page 7
(Voluntary
Fluorinated GHG
Emissions
Reduction
Programs)
Thank you for your comment The document has
been revised.
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Issue Area
Comment
Commenter
Location
Response
Partnership
Programs
Instead of as SF6, this should be presented as
SF6, with a subscripted number 6.
Mille Lacs Band
of Ojibwe
Page 7
(Voluntary
Fluorinated GHG
Emissions
Reduction
Programs]
Thank you for your comment The document has
been revised.
Partnership
Programs
DERA is not defined as "Diesel Emissions
Reduction Act" until page 18, and again on
pages 28 and 33 when DERA are the main
topics on those two pages. DERA, at least on
page 8, should be defined as it is the first
instance of this acronym.
Mille Lacs Band
of Ojibwe
Page 8
(SmartWay)
Thank you for your comment The document has
been revised.
National
Ambient Air
Quality
Standards
(NAAQS)
NACAA supports the stated intent that, "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..." and
also urges EPA to begin now to substantially
increase its engagement with NACAA on this.
With respect to stationary sources, EPA,
working with its state and local partners,
should reimagine and recreate its role in and
approach to nationwide attainment and
maintenance of the NAAQS. The State
Implementation Plan process is something of
an "all-or-nothing" tactic that should be
augmented with a stationary-source strategy
similar to EPA's strategy for its mobile source
program, built on long-term visions of reducing
emissions from each source category;
innovative and collaborative technology testing
and development; and successively more
stringent standards and requirements.
Further, NACAA must emphasize that key to
state and local air agencies' success in
NACAA
Page 8
(National
Ambient Air
Quality
Standards or
NAAQS)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on the development of clean air plans to
meet National Ambient Air Quality Standards
(NAAQS), including promulgation of appropriate
federal rules. No change to the document.
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Issue Area
Comment
Commenter
Location
Response
achieving and maintaining the ozone and PM
NAAQS will be timely EPA development and
adoption, in collaboration with air agencies and
NACAA, of stringent regulations for "federal"
sources of air pollution, including for mobile
sources, particularly locomotives, aircraft and
oceangoing vessels.
NAAQS
NACAA supports the stated intent that, "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" and urges EPA to
ramp up such efforts and take advantage of the
ability of NACAA to bring together its large
membership of state and local air agencies to
engage with EPA.
NACAA
Page 8
(NAAQS)
Thank you for your comment and support for EPA's
periodic reviews of the NAAQS as required by the
Clean Air Act (CAA). No change to the document.
NAAQS
In the May 2022 Final Policy Assessment for the
Reconsideration of the National Ambient Air
Quality Standards for Particulate Matter (Final
PM PA), EPA staff report that the risk
assessment for PM2.5 revealed that Black
populations experience significantly higher
mortality risk when compared to other racial
groups, even at the recommended lower
standard. With respect to this finding, NACAA
urges EPA to engage in the next critical steps of
examining the root of this disparity, evaluating
opportunities to resolve it and taking
meaningful action to close the gap.
Final PM PA:
https://www.epa.gov/svstem/files/documents
/2022-
NACAA
Page 8
(NAAQS)
Thank you for your comment If the particulate
matter (PM) NAAQS is revised, then EPA would
conduct robust and appropriate actions as part of
implementation to ensure that sensitive
populations receive the protection intended by a
revised standard. No change to the document.
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Issue Area
Comment
Commenter
Location
Response
0 5 /Final% 2 0 Policv% 2 0 Assessment% 2 0 for%2
0the%20Reconsideration%20of%20the%20P
M%20NAAOS Mav2022 O.pdf fsee pp. 3-150 to
3-164 and, especially, p. 3-162)
NAAQS
ECOS supports the stated intent that, "In FY
2023 and 2024, EPA will work with air
agencies to achieve and maintain compliance
with the NAAQS and urges EPA to begin now to
substantially increase its engagement with
states in this area early and often.
ECOS
Page 8
(NAAQS)
Thank you for your comment and support for
compliance with the NAAQS. No change to the
document
NAAQS
ECOS appreciates EPA's commitment to work
with regions on implementing the results of the
February 2018 lean effort to improve the
timeliness of EPA's review and approval of
State Implementation Plans (SIPs). EPA should
participate in early engagement with states and
be able to process SIPs in a timely manner
consistent with Clean Air Act (CAA)timelines.
ECOS
Page 8
(NAAQS)
Thank you for your comment and appreciation for
EPA's work to implement the 2018 lean effort No
change to the document.
NAAQS
ECOS is surprised that EPA did not address
exceptional events demonstration review
activities more directly in the draft FY23-24
NPG. With the increased frequency of wildfires
resulting in an unprecedented amount of
wildfire smoke events with regulatory
significance in 2021 alone, exceptional events
workload for EPA and state, local, and tribal air
agencies will increase. EPA should also work
with states to identify process improvements
allowing greater efficiency to ensure reduced
workload strain at the state, local, tribal and
federal level. EPA should work with states,
local air agencies, and tribes to identify ways to
streamline exceptional events demonstrations,
especially for wildfire smoke, and internal EPA
review.
ECOS
Page 8
(NAAQS)
Thank you for your comment OAR will continue to
work closely with state, local and tribal air agencies
on the process for preparing exceptional event
demonstrations. The document has been revised.
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Issue Area
Comment
Commenter
Location
Response
NAAQS
The draft Guidance states that a key identified
process improvement for improving EPA's
review and approvals of State Implementation
Plans (SIPs) 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."
AAPCA members agree that deep coordination
with air agencies is critical to successful
implementation of the NAAQS and underscore
the Agency's primary goal to efficiently and
timely process SIPs in this effort
AAPCA
Page 8
(NAAQS)
Thank you for your comment and support for early
engagement on SIP development. No change to the
document
NAAQS
EPA should ensure that the 2015 Ozone
Transport Federal Implementation Plan
provides a full remedy to nonattainment areas
that are heavily influenced by interstate
transport such that areas are capable of
meeting future attainment dates. In addition to
stationary source NOx reductions, EPA should
consider potential VOC reductions or
reductions in emissions from other source
categories such as mobile sources which are
best addressed at the national level.
Wisconsin DNR
Pages 8-10
Thank you for your comment Specific comments
on a specific rulemaking will be considered
through that rulemaking process. No change to the
document
NAAQS
EPA should reduce the length of time between
draft and final report submission (i.e., State
Review Framework, Technical Systems Audits)
to the states. While the review and reporting
process is currently working well to identify
and resolve issues, delays in receiving written
feedback often leads to resolutions prior to
final reports being issued.
Wisconsin DNR
Pages 8-10
Thank you for your comment and for bringing this
to our attention. OAR will share this comment with
EPA's Regional offices that are the lead in working
with state monitoring agencies on various report
submissions. Note, the OAR/OAQPS and the
National QA Workgroup developed a Technical
Systems Audit Guidance Document in 20171 to
assist in streamlining the audit process as well as
developing timely reports. Final reports take more
time to develop; however, the draft report is
1 See: https: //nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P100W5NN.TXT
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Issue Area
Comment
Commenter
Location
Response
designed to allow the monitoring organization to
begin addressing audit findings and begin
improvements immediately rather than waiting for
a final report. No change to the document
NAAQS
Under section "B.l.1.2 SIPs" on point 6, the
phrase "startup, shutdown, and malfunction"
defines "SSM" at the second instance of this
phrase instead of at the first instance of this
phrase, which it should, and then the
abbreviation can be used directly at the second
instance.
Mille Lacs Band
of Ojibwe
Page 9
(NAAQS)
Thank you for your comment The document has
been revised.
NAAQS
NACAA supports these stated EPA efforts and,
with respect to B.1.1.3.5 ("Engage air agencies
as early as possible in guidance and regulation
development processes."), we emphasize the
critical importance of beginning engagement at
the very start of the process and continuing it
throughout.
NACAA
Pages 9-10
(NAAQS)
Thank you for your comment and support for EPA's
early engagement efforts. No change to the
document
NAAQS
EPA OAR has outlined expected Regional Office
activities under the 2015 Startup, Shutdown,
and Malfunction (SSM) SIP Call.
This rule is still in litigation in the U.S. Court of
Appeals for the D.C. Circuit, and EPA should
withhold any actions under the 2015 SSM SIP
Call until the D.C. Circuit issues an opinion.
AAPCA
Page 9
(NAAQS —
B.l.l Expected
EPA Regional
Office Activities
B.l.1.2 SIPs)
Thank you for your comment Specific comments
on a specific rulemaking will be considered
through that rulemaking process. No change to the
document
NAAQS
The NSC supports the removal of Stage II
gasoline vapor recovery programs as a cost
saving to GDFs and because in most cases
currently, Stage II would cause an increase in
gasoline vapor emissions from GDFs. Some
state SBEAPs have been involved in their state
removal of Stage II requirements and can be a
resource within the states to help with their
NSC
Page 9
(NAAQS —
Bl.1.2 SIPs)
Thank you for your comment In 2012, EPA
adopted a final rule that waives Stage II
requirements and allows states to remove these
requirements. Guidance was provided at that time
on removal of Stage II requirements from state
implementation plans.2 EPA acknowledges that
state SBEAPs have been involved in their state
removal of Stage II requirements and can be a
resource within the states to help with their SIP
2 See: https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807 page stage2 removal guidance.pdf
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Issue Area
Comment
Commenter
Location
Response
SIP development to remove Stage II
requirements
development to remove Stage II requirements. No
change to the document.
NAAQS
EPA has proposed to deny 23 state
implementation plans (SIPs) addressing
interstate transport for the 2015 ozone NAAQS.
Prior to finalizing these actions, AAPCA
recommends that EPA prioritize and seriously
consider state comments on their proposed SIP
denials.
Concurrently with taking comment on the
proposed SIP denials, EPA accepted comment
on a proposed interstate transport federal
implementation plan (FIP) for 26 states that
would significantly increase the scope of the
Cross-State Air Pollution Rule (CSAPR). Here,
too, AAPCA recommends priority consideration
of comments from impacted air agencies.
AAPCA
Pages 9-10
(NAAQS —
B.l.l Expected
EPA Regional
Office Activities,
B.l.l.2 SIPs
B.1.2 Expected
Air Agency
Activities,
B.1.2.1 SIPs)
Thank you for your comment Specific comments
on a specific rulemaking will be considered
through that rulemaking process. No change to the
document
NAAQS
AAPCA members support the Expected EPA
Regional Office Activities to:
•Take final rulemaking actions on any
remaining SIP submittals for all NAAQS
•Work to reduce backlogged SIP submissions
in accordance with agency performance
measures and the SIP management plans
negotiated with states.
•Work with states to ensure early engagement
between states and EPA.
•Collaborate with EPA HQ to ensure early
engagement on novel and unique issues of
national significance.
Key examples of novel and unique issues
include: wildfires; ethylene oxide (EtO);
exceptional events; air quality impacts of per-
and polyfluoroalkyl substances (PFAS); and,
monitoring challenges.
AAPCA
Page 9
(NAAQS —
B.l.l Expected
EPA Regional
Office Activities,
B.l.l.2 SIPs)
Thank you for your comment and support for EPA
Regional Office activities. No change to the
document
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Issue Area
Comment
Commenter
Location
Response
NAAQS
Early and collaborative engagement with state
and local air agencies in the development of
guidance and regulations can bring important
on-the-ground expertise to the process, as EPA
OAR recognizes in this draft NPG.
AAPCA reasserts that receiving and
incorporating input from stakeholders is a core
component of rulemaking, and sufficient time
should be provided for state and local agencies
charged with Clean Air Act implementation.
AAPCA
Page 9
(NAAQS —
B.l.l Expected
EPA Regional
Office Activities,
B.l.1.3 Other)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on the development of clean air plans to
meet NAAQS and is committed to early and
collaborative engagement No change to the
document
NAAQS
Under section "B.l.1.3 Other" on point 9., three
tools are mentioned as examples. The website
URL for each of those three examples should be
provided as footnotes.
Mille Lacs Band
of Ojibwe
Page 10
(NAAQS)
Thank you for your comment The document has
been revised.
NAAQS
Developing exceptional events demonstrations
are time-and resource-intensive activities for
air agencies, which can cost an estimated
$20,000 to $40,000 to produce and sometimes
exceed 200 pages in length.
This is an important Clean Air Act provision for
addressing air quality impacts outside of
regulatory control. With a lengthened wildfire
season and likely more stringent NAAQS for
PM2.5 and ozone, agencies will need to develop
demonstrations more often. EPA OAR should
work with state and local agencies to improve
the process for drafting and reviewing
exceptional event demonstrations.
AAPCA
Page 10
(NAAQS —
B.l.l Expected
EPA Regional
Office Activities
B.l.1.3 Other
B.1.2 Expected
Air Agency
Activities,
B.1.2.2
Designations)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on the process for preparing exceptional
event demonstrations. No change to the document.
Regional
Haze
Generally, states continue to work toward
submittal of Regional Haze SIPs for the second
planning period ahead of EPA's updated
deadline of August 15, 2022, to avoid findings
of failure to submit.
AAPCA
Page 11
(Regional Haze -
B.2.1 Expected
EPA Regional
Office Activities,
Thank you for your comment OAR will continue to
work closely with state, local, and tribal agencies
on the regional haze program. No change to the
document
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EPA OAR indicates that the Agency will
"continue to address any relevant legal
challenges" regarding the Regional Haze
program. EPA should ensure appropriate state
consultation on Regional Haze SIPs, including
on any potential consent decrees.
B.2.2 Expected
Air Agency
Activities)
Permitting
EPA does not explain "meaningful public
involvement" in the context of incorporating EJ
concerns into permits. All permit reviews
include public participation requirements
under existing rules. Many states, including
WDNR, do not have statutory authority to
unilaterally change the public comment
process or to grant extensions in public
comment timelines or final decision timelines.
If EPA wishes permitting authorities to have
meaningful public involvement beyond what a
state or local agency may legally require, EPA
should propose requirements to this effect.
Wisconsin DNR
Page 12
(Title V and New
Source Review
Permitting)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on permitting issues, including how to
best address environmental justice concerns. EPA
expects to communicate more specific information
on this topic in the near future. No change to the
document
Permitting
EPA should clarify and define expectations
related to Environmental Justice (EJ)
considerations in permitting. EPA should either
propose requirements to implement EJ to the
extent allowed in rule and statute or identify
flexibilities in existing regulations where EJ
could be an additional consideration, for
example in case-by-case determinations or
compliance demonstration methods.
Wisconsin DNR
Pages 12-13
(Title V and New
Source Review
Permitting)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on permitting issues, including how to
best address environmental justice concerns. EPA
expects to communicate more specific information
on this topic in the near future. No change to the
document
Permitting
The draft OAR NPG states, "EPA will emphasize
environmental justice considerations in all
aspects of implementing permit programs,"
including setting as a Regional Office activity to
"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" and "Provide training and technical
AAPCA
Pages 12-13
(Title V and New
Source Review
Permitting —
B.3.1 Expected
EPA Regional
Office Activities,
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on permitting issues, including how to
best address environmental justice concerns. EPA
expects to communicate more specific information
on this topic in the near future. No change to the
document
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guidance and support to permitting authorities
and the public."
AAPCA welcomes clear communication from
EPA HQ and OAR regarding expectations for
permitting and community outreach involving
defined environmental justice communities.
Training and technical support may be
appropriate. AAPCA also stresses the need for
EPA to effectively partner with state and local
agencies when engaging communities on
environmental issues.
B.3.2 Expected
Air Agency
Activities)
Permitting
As EPA advances environmental justice (EJ)
and Title VI civil rights considerations in EPA
permitting actions and incorporates EJ
considerations into permits issued by EPA
regional offices, ECOS request that the process
and tools used by EPA be shared with states.
ECOS also request that sample language EPA
intends to use be shared with states and other
interested parties.
ECOS
Pages 12-13
(Title V and New
Source Review
Permitting)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on permitting issues, including how to
best address environmental justice concerns. EPA
expects to communicate more specific information
on this topic in the near future. No change to the
document
Permitting
As EPA advances environmental justice (EJ)
and Title VI civil rights considerations in EPA
permitting actions and incorporates EJ
considerations into permits issued by EPA
regional offices after conducting analysis and
using available tools and guidance. The NSC
requests that the process and tools used by
EPA be shared with states. The NSC also
requests that sample language EPA intends to
use also be shared with states and other
interested parties. The NSC would like to
further note that EPA should involve the state
SBEAPs in relation to minor sources. Within an
EJ community, minor sources would be the
type of sources most commonly operated by
members within the community. The SBEAPs
NSC
Page 12 and 13
(Title V and New
Source Review
Permitting)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on permitting issues, including how to
best address environmental justice concerns. EPA
expects to communicate more specific information
on this topic in the near future. No change to the
document
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are specifically tasked with providing
assistance to small businesses/minor sources
by the Clean Air Act and can be a great
resource in relation to determining language
and tools that may be most beneficial within EJ
communities.
Air
Monitoring
Agencies have recently expressed concerns
that there is not consistency across EPA
Regional Offices during technical reviews,
including reviews of annual network plans. To
ensure standard review of technical systems
associated with the ambient network, EPA OAR
may consider adding direction for Regional
Offices.
AAPCA
Pages 13 -14
(Ambient Air
Monitoring for
Criteria
Pollutants —
B.4.1 Expected
EPA Regional
Office Activities]
Thank you for your comment and for bringing this
to our attention. OAR will work with EPA Regional
offices to address consistency in technical reviews,
including annual monitoring network plans. No
change to the document
Air
Monitoring
EPA should prioritize funding to support
existing monitoring infrastructure through 105
and 103 grants. As highlighted in the
Government Accountability Office (GAO)
report, consistent with national trends,
Wisconsin's aging air monitoring infrastructure
requires modernization and increases in
funding of the 105 and 103 grants to allow for
the purchase of equipment to support the
"mission critical" monitoring network.
Wisconsin DNR
Pages 13 -16
(Ambient Air
Monitoring for
Criteria
Pollutants)
Page 31
(Continuing Air
Program)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on air monitoring issues, including how to
best utilize available resources. No change to the
document
Air
Monitoring
EPA OAR, in consultation with state and local
agencies, has recognized that continuous
PM2.5 or Federal Equivalent Method (FEM)
monitors tend to show higher concentrations
than filter-based or Federal Reference Method
(FRM) monitors. EPA OAR is considering
technical improvements, including working to
develop FEM method calibrations, but this
could impact area designations under current
or future NAAQS.
EPA's ambient air monitoring modernization
plan should take into account potential
AAPCA
Pages 14 -15
(Ambient Air
Monitoring for
Criteria
Pollutants —
B.4.2 Expected
Air Agency
Activities)
Thank you for your comment and for sharing these
concerns. OAR is working both (1) technically in
advance of a proposed rulemaking and (2) as part
of the PM NAAQS review, to address improvements
in data produced from PM Federal Equivalent
Methods (FEMs). OAR will continue to share and
communicate with state and local agencies on this
issue should there be any changes to the
calibration of any PM FEMs and the use of data
from these monitors. No change to the document.
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challenges and discrepancies that
incorporating new technology could pose to
this infrastructure. In modernization plans,
EPA might also consider improvements to the
method designation process.
Air Toxics
Ethylene oxide (EtO) continues to pose
technical challenges for EPA OAR and air
agencies, in particular monitoring and
modeling at the risk level. Air agencies have
asked for early and close collaboration ahead
of public data releases, including support with
risk communication efforts.
AAPCA
Page 15
(Air T oxics
Program
Implementation
)
Thank you for your comment OAR will continue to
work closely with state, local, and tribal air
agencies on air toxics issues, especially ethylene
oxide (EtO). EPA has been actively engaging with
air agencies on EtO and will continue to do so. No
change to the document.
Air Toxics
EPA emphasizes activities to "support and
assist air agencies in addressing air toxics" and
calls upon the regional offices to "delegate and
assist air agencies with Section 111, 112, and
129 standards." Additionally, the draft
includes activities related to the National Air
Toxics Monitoring Network. These activities
are certainly necessary, but if EPA intends to
rely on state and local air agencies to
implement the air toxics program it is equally
important that the agency provide adequate
resources in the form of increased federal
grants.
NACAA
Page 15
(Air T oxics
Program
Implementation
)
Page 16-17
(Ambient Air
Monitoring for
Toxics)
Thank you for your comment EPA Regions will
work collaboratively with air agencies to prioritize
activities and commitments and agree on the level
of effort within available resource levels. Please
also note that Congress determines through the
appropriations process how funds are provided,
not EPA. No change to the document
Air Toxics
ECOS request that EPA provide adequate
resources to implement requirements
associated with the National Air Toxics
Network. EPA emphasizes activities to
"support and assist air agencies in addressing
air toxics" and calls upon the regional offices to
"delegate and assist air agencies with Section
111, 112, and 129 standards." Additionally, the
draft includes activities related to the National
Air Toxics Monitoring Network. If EPA intends
to rely on state and local air agencies to
implement the air toxics program, it is equally
ECOS
Page 15
(Air T oxics
Program
Implementation
)
Page 16-17
(Ambient Air
Monitoring for
Toxics)
Thank you for your comment EPA Regions will
work collaboratively with air agencies to prioritize
activities and commitments and agree on the level
of effort within available resource levels. Please
also note that Congress determines through the
appropriations process how funds are provided,
not EPA. No change to the document
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important that the agency provide adequate
resources in the form of increased federal
grants.
Air Toxics
ECOS encourages EPA to ensure that the
Quality Management Plan (QMP) and Quality
Assurance Project Plan (QAPP) review and
approval process is not further slowed down
by the influx of QAPPs from federally-funded
community monitoring projects that require
QAPPs. EPA should ensure that all QMPs and
QAPPs are reviewed and approved in an
efficient and timely manner. Timely approval of
QAPPs from state agencies and community
groups will be essential to achieving EPA's goal
to "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."
ECOS
Page 16 and 17
(Ambient Air
Monitoring for
Toxics)
Thank you for your comment and for raising this
issue. OAR will alert EPA Regional offices to expect
and plan for this additional workload. No change to
the document.
Mobile
Sources
NACAA is concerned that the draft NPG does
not include specific OTAQ regulatory initiatives
for FY 2023-2024 and urges OAR and OTAQ to
engage with NACAA prior to finalizing the NPG
to discuss EPA's plans for federal regulatory
initiatives for mobile sources during FY 2023-
2024.
NACAA
Pages 18-19
(Mobile Sources
Program)
Thank you for your comment EPA appreciates
NACAA's engagement in OAR's Office of
Transportation and Air Quality's (OTAQ) mobile
source regulatory activities, and EPA looks forward
to continuing our close communication and
coordination on our regulatory initiatives.3 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. No change to the document.
Mobile
Sources
See comment above, related to NPG NAAQS
discussion on p. 8, regarding the need for
NACAA
Pages 18-19
Thank you for your comment EPA appreciates
NACAA's engagement in OTAQ's mobile source
3 See: https: //www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans
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stringent federal regulations for additional
heavy-duty mobile source categories, including
locomotives, aircraft and oceangoing vessels.
(Mobile Sources
Program)
regulatory activities, and EPA looks forward to
continuing our close communication and
coordination on our regulatory initiatives.4 No
change to the document.
Mobile
Sources
In addition to Regional Office activities on
DERA and Clean School Bus Grants, NACAA
urges EPA OAR and headquarters to work with
the Departments of Energy and Transportation
to gain a meaningful role in the development of
rules, policies and guidance on grants and
grant eligibility for EV infrastructure, to ensure
the achieving meaningful air quality benefits is
among the highest priorities.
NACAA
Pages 18-19
(Mobile Sources
Program)
Thank you for your comment EPA will continue to
work with our federal agency partners, including
with the Department of Energy and the
Department of Transportation, to address the
climate crisis, including on electric vehicle (EV)
infrastructure policy, projects, and funding. No
change to the document.
Tribal
programs
Numerous elements throughout this
subsection identify needs (and expectations]
for EPA resources to enable Tribes to develop
and implement air quality management
programs. As shown in the BNA, Tribes are
committed to protecting their air quality
resources and to addressing the threats of
climate change. As noted above, the NTAA
supports the robust consideration of climate
change and mitigation through EPA's Tribal
programs. The proposed increase in "Tribal
Assistance Grants for Air" to $23,126,000 is
woefully inadequate for reasons documented
in the BNA. Existing resources are
insufficient to sustain Tribal Air Programs.
Importantly, 79% of the BNA respondents
agreed that "insufficient air quality funding
impacts the health and welfare of their people."
And 72% of respondents said that they did not
have funding for even one full-time air
quality position. Further, the activities that
the NPG identifies in "Expected Tribal
National Tribal
Air Association
(NTAA)
Pages 26-30
(Improving
Outdoor and
Indoor Air
Quality in Indian
Country and
Alaska Native
Villages)
Thank you for your comment Please note that
Congress determines through the appropriations
process how funds are provided, not EPA. With that
said, OAR will consider information from the NTAA
STAR report and the BNA as we further implement
the Tribal air budget EPA also will continue to
actively engage Tribes to resolve planning issues
and provide necessary and allowable flexibilities
where needed in order to meet changing priorities
and constraints due to resource availability. No
change to the document.
4 See: https: //www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans
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Activities" (subsections A.1.2 andA.2.2] cannot
be adequately performed at the proposed
funding level. NTAA's BNA identifies "$76.6
million as [t]he amounts necessary to provide
minimum baseline funding of $133,484 to all
574 federally recognized Indian Tribes." and
the NTAA Climate Change Funding
document suggests an additional $19.2-24
million for the opportunity to tackle climate
change and sustain existing cc programs. In
addition, this funding levels will not allow
some Tribes to begin dedicated climate change
programs. NTAA recommends that EPA request
Tribal Air Program support in FY 2023-2024 in
the range of $55-60 million.
Tribal
programs
Air quality threats to public health and the
environment in Tribal communities, including
those associated with climate change, are
severe and growing. As we noted in our
October 2021 letter, NTAA supports the
Agency's commitment to grant resources to
Tribes and Tribal organizations to enable and
facilitate their participation in "regional and
national level activities such as policy
making, monitoring, rule or program
development, and implementation
workgroups."
NTAA
Pages 26-28
(Expected EPA
Activities
Unique to Tribal
Work
Al.1.1(4), A.1.2
Expected Tribal
Activities
§5.1.2.1(9),
(10))
Thank you for your comment OAR looks forward
to working with NTAA and Tribes to continue to
recognize and improve the potential of our
partnership with regard to Regional and national
level activities. No change to the document.
Tribal
programs
Building Tribal capacity to advance air quality
management programs is a continuous need
and has been a high priority of OAR for many
years. These NPG elements and several others
in the current draft remain a high priority of
Tribes. Among these support needs are
technical training monitoring education and
outreach, grants management, and indoor air
quality.
NTAA
Pages 26-27
(Expected EPA
Activities
Unique to Tribal
Work A.l.1.1.1 -
A.l.1.1.3)
Thank you for your comment OAR continues to
fund the American Indian Air Quality training
program that supports training, monitoring,
education and outreach, grants management, and
indoor air quality issues. No change to the
document
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Tribal
programs
NTAA has consistently supported EPA's
initiatives to reduce emissions from new and
existing diesel engines. We support the
enhancement of the Diesel Emissions
Reduction Act (DERA) as described in this
NPG element. Most recently we encouraged
strengthening the initial portion of the Clean
Trucks Program. This regulatory program will
help address important impacts on Tribal air
quality. More than three-fourths of BNA
respondents reported being "impacted by
mobile source emissions from on-and off-road
vehicles, including diesel emissions from on-
and off-road vehicles."
NTAA
Pages 27-28
(Expected EPA
Activities
Unique to Tribal
Work A.l.1.2.5 &
A.l.1.4)
Thank you for your comment and support for
DERA. No change to the document.
Tribal
Programs
This broad statement regarding "expected
tribal activity" addressing climate change is a
critical element in the OAR NPG. Based on
conversations with NTAA and consultations
with Tribal Nations, the EPA should develop
this NPG element to more fully acknowledge
and support Tribal actions to address
climate change. Many Tribes have
performed climate change vulnerability
assessments, including evaluating air pollution
effects, or participated in community-based
monitoring, and some have begun
comprehensive planning and mitigation efforts
to address climate change impacts. As noted
above, Tribal Lands and Alaska Native Villages
are impacted by climate change and
continuously pursue ways to reduce emissions
of greenhouse gases. Further Tribal
professional staff, including those in air
quality programs, necessarily are
increasingly allocating resources to address
climate change needs. Tribes must receive
additional resources to meet their air quality
management needs and expectations.
NTAA
Page 29
(Expected T ribal
Activities
5.1.2.3)
Thank you for your comment and we look forward
to continuing to work with you to address the
climate crisis in Indian Country and Alaskan Native
Villages. No change to the document
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Grant
Planning
Core work directed by the Clean Air Act,
specifically to determine and plan for
attainment of the NAAQS remains underfunded
with no updates (i.e., no 105 grant increase in
19 years), while special projects get significant
funding, they are often short term in nature
and have no long term plan to support
monetarily or functionally. EPA should ensure
core work is funded and that the infrastructure
and data being invested in via short term
projects are sustainable beyond the term of the
project agreements.
Wisconsin DNR
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment and support for core
work directed by the Clean Air Act. No change to
the document.
Grant
Planning
The FY 2023 Administration budget request
calls for $322.2 million in grants for state and
local air quality agencies under Sections 103
and 105. While NACAA appreciates the
recognition that additional funds are needed,
NACAA believes that is still not sufficient.
NACAA recommends that federal grants under
Sections 103 and 105 be increased to $500
million annually, beginning in FY 2023. This is
$178 million above the President's proposed
budget for FY 2023 and an increase of $269
million over the FY 2022 appropriation of $231
million. Such increases are necessary if state
and local air agencies are to continue to fulfill
their current responsibilities and take on new
and high-priority programs to reduce air
pollution and address climate change.
NACAA
Page 30 (Grant
Assistance to
Co-
Implementers)
Thank you for your comment As noted in OAR's
National Program Guidance Introduction, EPA
recognizes that there will not be enough resources
to do everything. EPA is prepared to work with air
agencies to adjust priorities, as necessary and
appropriate, while acknowledging that Congress
ultimately decides funding levels. No change to the
document.
Grant
Planning
AAPCA members appreciate EPA's willingness
to work with air agencies to adjust resources to
meet needs, including the commitment "to
working collaboratively with air agencies to
resolve issues that may arise during work
planning."
AAPCA
Page 30
(Flexibility and
Grant Planning)
Thank you for your comment EPA is prepared to
continue to work with air agencies to adjust
resources, where necessary and allowable, to meet
priorities and address issues that arise during
work planning. No change to the document
Grant
Planning
Budget increases are necessary if state and
local air agencies are to continue to fulfill their
ECOS
Page 30
Thank you for your comment As noted in OAR's
National Program Guidance Introduction, EPA
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current responsibilities and take on new and
high-priority programs to reduce air pollution.
ECOS recommends that federal grants under
Sections 103 and 105 be increased to $257.90
million annually above the FY22 enacted
amount, beginning in FY 2023. ECOS also
recommends that OAR review and consider
streamlining paperwork requirements such as
for SIPs, exceptional events, and other
activities to minimize burden on state
environmental agency staff.
(Grant
Assistance to
Co-
Implementers)
recognizes that there will not be enough resources
to do everything. EPA is prepared to work with air
agencies to adjust priorities, as necessary and
appropriate, while acknowledging that Congress
ultimately decides funding levels. No change to the
document
Grant
Planning
Budget increases are necessary if state and
local air agencies are to continue to fulfill their
current responsibilities and take on new and
high-priority programs to reduce air pollution.
The FY 2023 Administration budget request
calls for $322.2 million in grants for state and
local air quality agencies under Sections 103
and 105. The NSC echoes comments from ECOS
on budget increases. The NSC wishes to further
comment that grant funding may be especially
necessaiy in those states that receive a
majority of air fees based on tons of emissions
for facilities within their state. As emissions
decrease, so does the funding available from air
fees, while the workload does not decrease.
Increased funding can offset the successful
reduction of emissions (a prime goal of EPA
regulations) and not cause state fees to
increase to level that may be punitive to small
sources just to maintain an air program.
NSC
Page 30
(Grant
Assistance to
Co-
Implementers)
Thank you for your comment As noted in OAR's
National Program Guidance Introduction, EPA
recognizes that there will not be enough resources
to do everything. EPA is prepared to work with air
agencies to adjust priorities, as necessary and
appropriate, while acknowledging that Congress
ultimately decides funding levels. No change to the
document
Grant
Planning
The FY 2023 Administration budget request
appropriately calls for funding for the Diesel
Emission Reduction Act (DERA) program. This
is an important program to address emissions
from the large legacy fleet of diesel engines.
However, it is important that DERA not be
NACAA
Page 30
(Grant
Assistance to
Co-
Implementers)
Thank you for your comment Please note that
Congress determines through the appropriations
process how funds are provided, not EPA. No
change to the document.
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funded atthe expense of the Section 103/105
grants, and NACAA strongly urges that any
future funding for DERA not be in lieu of
increases to state and local air grants.
Additionally since many of the DERA funds are
not provided to state and local governments,
future DERA activities should not be funded
through the STAG account Instead, the grants
should be provided through one of EPA's other
accounts.
Page 33 (Diesel
Emissions
Reduction Act
Grants)
Grant
Planning
The draft mentions "a proposed transition in
funding authorities for PM2.5 monitoring" and
refers to the current NPG Monitoring
Appendix. The posted document is for FY
2020, so it is unclear if there is a more recent
version. Page 3 of that document indicates that
EPA plans to transition the funding authority
for PM2.5 monitoring from Section 103 to
Section 105. This would require state and local
agencies to provide matching funds. The PM2.5
monitoring program has long been funded
under Section 103 and this arrangement has
worked very well. NACAA recommends that it
continue and, therefore, opposes the transition
of the program to Section 105 authority. The
proposed shift would require state and local
agencies to provide a 40-percent match, which
not all agencies can afford. Those agencies that
are unable to provide matching funds could not
accept the grants for these important
monitoring programs. As a result, these
agencies could be forced to discontinue
required monitoring at existing sites. Since
these are nationwide monitoring efforts,
NACAA believes the funding should be
provided under Section 103 authority so it is
accessible to all, regardless of their ability to
match the grants.
NACAA
Page 31
(Continuing Air
Program,
Ambient
Monitoring)
Thank you for your comment The National
Program Guidance Monitoring Appendix will be
updated in FY 2023 and will reflect that EPA is not
requesting to move PM2.5 monitoring from Section
103 to Section 105.
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Grant
Planning
AAPCA members do not support EPA OAR's
proposal "to transition the funding authority
for PM2.5 monitoring from section 103 to
section 105." AAPCA has previously noted the
importance of maintaining the granting
authority for PM2.5 monitoring under Clean
Air Act Section 103, which does not require the
40-percent funding match of Section 105.
AAPCA
Page 31
(Continuing Air
Program -
Ambient
Monitoring)
Page 3 (FY 2020
Monitoring
Appendix)
Thank you for your comment The National
Program Guidance Monitoring Appendix will be
updated in FY 2023 and will reflect that EPA is not
requesting to move PM2.5 monitoring from Section
103 to Section 105.
Grant
Planning
EPA discusses the development of an updated
methodology for allocating Section 105 grants
among agencies. If the agency is to do this, any
reevaluation of the allocation methodology
should include early collaboration with
affected state and local agencies to inform the
proposal. Those agencies should be involved in
the process well before a refinement in the
allocation methodology is released for public
comment.
NACAA
Page 34
(Future
Refinements to
the Allocation of
Sectionl05
Grants)
Thank you for your comment EPA will actively
engage states and local air agencies in any review
and potential revision of the allocation
methodology that may be undertaken in the future.
No change to the document
Grant
Planning
ECOS opposes the transition of funding
authority for PM2.5 monitoring from Section
103 to Section 105. The draft mentions "a
proposed transition in funding authorities for
PM2.5monitoring" and refers to the current
NPG Monitoring Appendix. Page 3 of that
document indicates that EPA plans to
transition the funding authority for PM2.5
monitoring from Section 103 to Section 105.
This would require state and local agencies to
provide matching funds. The PM2.5 monitoring
program has long been funded under Section
103 and this arrangement has worked very
well. ECOS recommends that it continue to be
funded under Section 103. The proposed shift
to Section 105 would require state and local
agencies to provide a 40-percent match, which
not all agencies can afford. Those agencies that
ECOS
Page 31
(Continuing Air
Program,
Ambient
Monitoring)
Thank you for your comment The National
Program Guidance Monitoring Appendix will be
updated in FY 2023 and will reflect that EPA is not
requesting to move PM2.5 monitoring from Section
103 to Section 105.
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Location
Response
are unable to provide matching funds could not
accept the grants for these important
monitoring programs. As a result, these
agencies could be forced to discontinue
required monitoring at existing sites. Since
these are nationwide monitoring efforts, ECOS
believes the funding should be provided under
Section 103 authority so it is accessible to all,
regardless of their ability to match the grants.
Grant
Planning
EPA OAR states that the President's FY 2023
Budget requests $322.2 million for "continuing
air programs carried out by states/locals" that
"will help expand the efforts of air pollution
control agencies to implement their programs"
toward meeting the Administration's priorities.
AAPCA stresses that the President's FY 2023
Budget request is more than $90 million above
the enacted appropriations levels for both FY
2021 and FY 2022.
In early engagement comments, AAPCA
spotlighted the need for providing maximum
grant flexibilities to state and local air agencies
to best address air pollution control needs.
AAPCA
Page 31
(Continuing Air
Program)
Thank you for your comment EPA acknowledges
that there will not be sufficient resources for all
activities and that priorities may vary throughout
the nation. EPA plans to work with state and local
air agencies to adjust resources to meet changing
priorities, to work collaboratively with state and
local air agencies to resolve planning issues and to
provide flexibility in developing workplans. No
change to the document.
Grant
Planning
AAPCA members do support EPA OAR's
commitment to assisting state and local
agencies meet the listed core activities for FY
2023 and FY 2024, including "working with
states to reduce the SIP backlog as well as
improving the timeliness of SIP action."
AAPCA
Page 31
(Continuing Air
Program - Core
Activities)
Thank you for your comment and support for EPA's
core SIP activities. No change to the document.
Grant
Planning
State and local agencies should be engaged
early in any EPA plans to update allocation
methodology.
AAPCA
Page 34
(Future
Refinements to
the Allocation of
Sectionl05
Grants)
Thank you for your comment EPA will actively
engage states and local air agencies in any review
and potential revision of the allocation
methodology that may be undertaken in the future.
No change to the document
25
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Publication #'
140B22002
Issue Area
Comment
Commenter
Location
Response
Training
EPA should work with state and local air
agencies through the Joint Training Steering
Committee to ensure high-quality training.
Adequate high-quality training is especially
critical now due to the large number of
retirements and the associated loss of
institutional knowledge that federal, state and
local air agencies are experiencing.
ECOS
Page 33
(Continuing Air
Program - Clean
Air Act Training)
Thank you for your comment OAR will continue to
work closely with state and local air agencies on
training through the Joint Training Steering
Committee. No change to the document.
Training
The draft acknowledges EPA's responsibility to
provide training. Adequate high-quality
training is especially critical now due to the
large number of retirements and the associated
loss of institutional knowledge that federal,
state and local air agencies are experiencing.
EPA should work with state and local air
agencies through the Joint Training Steering
Committee to ensure such training.
NACAA
Page 33
(Continuing Air
Program - Clean
Air Act Training)
Thank you for your comment OAR will continue to
work closely with state and local air agencies on
training through the Joint Training Steering
Committee. No change to the document.
Training
EPA's commitment to support air pollution
control agencies through the funding and
development of training programs and
materials for personnel is critical to air
improvement efforts. EPA's coordination with
the Joint Training Committee is important to
this work and provides EPA an important
resource for understanding the training needs
and priorities of state and local air agencies. Air
agencies recognize the importance of both
training for new personnel and continuing
education for professional development
AAPCA
Page 33
(Continuing Air
Program - Clean
Air Act Training)
Thank you for your comment OAR will continue to
work closely with state and local air agencies on
training through the Joint Training Steering
Committee. No change to the document.
Other
(Reporting
Results)
The NSC encourages the posting of
programmatic and environmental results to the
EPA website, potentially with state level
details. This helps provide transparency as well
as examples that other states can view and
follow-up on for implementation within their
own state. Methods of data collection and
NSC
Page 35
(Achieving
Programmatic
and
Environmental
results)
Thank you for your comment EPA publishes long-
term performance goals (LTPGs) in its Strategic
Plan. EPA also identifies annual performance goals
associated with LTPGs and with other core
program work in the Agency's Annual Performance
Plan (APP) and Budget, which are the focus of
results described in EPA's Annual Performance
Report (APR). This information for EPA and for
26
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Publication #'
140B22002
Issue Area
Comment
Commenter
Location
Response
results can also enhance methodology of states
in reporting results.
other federal agencies can be found on a publicly
available website: Performance.gov.5
EPA's methods of data collection and calculation of
results for the LTPGs and associated annual
performance goals are published in Data Oualitv
Records (DORs).6
State-level performance data align with many of
EPA's measures and are available on individual
state dashboards. The Environmental Council of
the States (ECOS] also developed a performance
dashboard with measure results by participating
states, which is available atECOSResults.org.7 No
change to the document.
Other
(Reporting
Results)
In addition to the priorities outlined above,
states encourage EPA to continue to focus
measures on environmental outcomes rather
than outputs such as the number of inspections
or evaluations.
NSC
Page 35
(Achieving
Programmatic
and
Environmental
results)
Thank you for your comment EPA uses a mix of
output and outcome measures to describe results
in achieving its mission of protecting human health
and the environment These measures support the
agency in effectively managing its programs,
including efficient use of its resources. No change
to the document
Other
(Wildland
Fires)
In NTAA's comment letter of October 22, 2021,
NTAA urged that the OAR NPG "recognize the
deadly immediate and long-term impact of
wildfires." More than sixty percent of our BNA
respondents reported that "wildfire smoke has
become impactful to their community".
Wildfires burden Tribes with additional costs
like increased air quality monitoring, public
outreach, damage assessment, and clean-up
operations. Once again, NTAA encourages EPA
to appreciate and prioritize this severe public
health concern, and to work with Tribes to
mitigate wildfire-caused air pollution.
NTAA
N/A
Thank you for your comment OAR will continue to
work with tribal partners regarding wildland fires
and other issues related to addressing the climate
crisis. No change to the document.
5 See: https: //www.performance.gov/agencies/epa/
6 See: https: //www.epa.gov/planandbudget/fv-2022-2026-data-quality-records
7 See: https: //www.ecosresults.org/
27
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Publication #'
140B22002
Issue Area
Comment
Commenter
Location
Response
Other
(Wildland
Fires)
With more wildfires on or near the Navajo
Nation due to climate change, tribes will need
additional air quality resources for their Tribal
environmental departments to respond to
wildfire emergencies.
Navajo Nation
N/A
Thank you for your comment OAR will continue to
work with tribal partners regarding wildland fires
and other issues related to addressing the climate
crisis. No change to the document.
Other (Road
Dust)
More than eighty percent of the participants in
NTAA's BNA report stated that road dust,
including the many associated air pollutants, is
a major concern. This insidious yet common air
pollution source persists in rural Tribal
communities, Alaska Native Villages, and many
urban Tribes. The OAR NPG should recognize
this issue and work with Tribes to develop and
implement emissions control strategies. For
example, EPA's RIO office implementation
through a 2005 FIP that addressed road dust
control strategies for Indian Country that could
be used as a template for a national FIP.
NTAA
N/A
Thank you for your comment. OAR will continue to
work with tribal partners regarding road dust
issues and looks forward to working with NTAA on
this issue in the NTAA mobile source
subcommittee. No change to the document
Other (PFAS)
As we noted in our October 2021 letter, PFAS
and other emerging issues such as airborne
microplastics will impact air quality in Indian
Country and Alaska Native Villages. The
updated NPG draft does not address PFAS or
airborne microplastics in its section about
Tribal priorities, and we reiterate our request
that EPA add it to ensure that Tribal air quality
issues from air pollutants like PFAS are an EPA
priority.
NTAA
N/A
Thank you for your comment OAR will continue to
work with our tribal partners and NTAA to develop
approaches to address this important and
emerging issue, which is also an Agency
Priority. No change to the document
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