what epa lawyer has recently made statments about ozone polution in the uninta basin

by Shanelle Daugherty PhD 7 min read

Full Answer

Is ozone regulated by the EPA?

The Clean Air Act requires EPA to set national ambient air quality standards (NAAQS) for ozone and five other pollutants considered harmful to public health and the environment (the other pollutants are particulate matter, nitrogen oxides, carbon monoxide, sulfur dioxide and lead).

What is the name of the federal agency with primary responsibility to regulate pollution in the United States?

The mission of EPA is to protect human health and the environment.

What is the EPA standard for ozone?

0.070 ppmBased on extensive scientific evidence about the effects of ozone on public health and welfare, on October 1, 2015, EPA strengthened the ground-level ozone standard to 0.070 ppm, averaged over an 8-hour period.

Who is the most vulnerable to ozone pollution?

Findings show that some populations, especially the elderly, are particularly sensitive to short-term ozone exposure. Ozone is a common air pollutant associated with adverse health outcomes, including mortality (1).

Who is in charge of the Environmental Protection Agency?

Michael S. ReganAdministrator of the Environmental Protection AgencySeal of the Environmental Protection AgencyIncumbent Michael S. Regan since March 11, 2021Member ofCabinetInaugural holderWilliam D. Ruckelshaus2 more rows

Is the Clean Air Act still in effect 2021?

On Sept. 30, 2021, EPA withdrew an October 2020 Trump administration guidance document, which allowed certain exemptions for SSM emissions from larger sources.

What is EPA doing to protect the ozone layer?

In the thirty years since Congress amended the Clean Air Act (CAA) to add Title VI: Stratospheric Ozone Protection, EPA has worked with many partners to develop and implement flexible, innovative, and effective approaches to phase out ozone-depleting substances (ODS) and heal the ozone layer.

What is acceptable ozone level?

The United States Environmental Protection Agency (US EPA) last revised the National Ambient Air Quality Standard (NAAQS) for ozone in 2008. The standard is currently set at 0.075 parts per million (ppm) averaged over 8 hours.

What is considered a high ozone level?

These ozone molecules form the ozone layer and are commonly referred to as "good ozone." At concentrations as high as 12,000 ppb (the EPA considers anything over 70 ppb to be unhealthy for human health and welfare) this ozone protects and shields people, trees, crops, property, and microorganisms from the harmful ...

How can you tell if you are being affected by ozone?

People exposed to elevated levels of ozone may experience a variety of symptoms. The most common symptom is a feeling of irritation in the eyes, nose and throat. Some people may also experience respiratory or heart symptoms such as shortness of breath, chest pain, and wheezing.

How long does it take to recover from ozone exposure?

The effects are reversible, with improvement and recovery to baseline varying from a few hours to 48 hours after an elevated ozone exposure.

Where is ozone The worst?

Cities in the West and the Southwest continue to dominate the most ozone-polluted list. California retains its historic distinction of having the most cities on the list, with 11 of the 25 most-polluted cities.

When will the EPA finalize the 2015 ozone review?

EPA is on track to finalize the 2015 ozone NAAQS review in 2020 – marking only the second time the agency has met the 5-year timeframe in its history. This is a needed departure from the previous administration’s failure to meet statutory deadlines, often taking twice as long to promulgate updated standards.

How many nonattainment areas did the EPA have in 2008?

Since the beginning of the Trump Administration, EPA has also re-designated 13 nonattainment areas for the 2008 8-hour ozone standards to attainment meaning these communities are now breathing cleaner air.

What is the Clean Air Act?

The Clean Air Act requires EPA to set NAAQS for “criteria pollutants.” Currently, ozone (and related photochemical oxidants) and five other major pollutants are listed as criteria pollutants. The law requires EPA to periodically review the relevant scientific information and the standards and revise them, if appropriate, to ensure that the standards provide the requisite protection for public health and welfare.

What is the Uinta Basin Ozone Study?

The Uinta Basin Winter Ozone Study (UBOS) began in 2011 to characterize emission sources, identify chemical pathways unique to the Basin, and develop effective mitigation measures. This collaborative study continues to bring together the best and the brightest in the fields of atmospheric research, air modeling, and emissions source testing, and analysis.

What are some examples of partnerships with stakeholders?

The Uinta Basin Ozone Study, Three-State Pilot Project, Ozone Advance, and voluntary seasonal controls are examples of the collaboration with state and local governments, federal land management agencies, state agencies, local health departments, researchers, universities, the Ute Indian tribe, and industry that are ongoing in the Uinta Basin.

What is the chemical reaction that causes ozone to form?

It is not emitted directly into the air as a gas but is formed through a chemical reaction between nitrogen oxides (NOx) and volatile organic compounds (VOCs) in the presence of sunlight. Ozone exposure causes respiratory inflammation and irritation often described as “a sunburn on the lungs” and is a trigger for increased symptoms of asthma. While the same ozone molecule protects the earth from harmful radiation in the upper atmosphere, at ground level it is considered an air pollutant, with national standards for allowable concentrations in the ambient air.

How much did the 2012 NSPS reduce VOCs?

EPA’s 2012 rulemaking for New Source Performance Standards (NSPS) for the oil and gas industry is predicted to cut VOC emissions by nearly one-fourth across the oil and gas industry, including a nearly 95 percent reduction in VOCs emitted from new and modified hydraulically fractured gas wells.

What is the new source review in Utah?

Normally, the State uses a program called New Source Review (NSR) to regulate oil and gas emissions. NSR is effective because sources are subject to Best Available Control Technology (BACT) review, National Ambient Air Quality Standards (179 KB) and public comment before sources receive a permit. To qualify for NSR, sources must meet a minimum threshold of emissions: 5 tons per year of any criteria pollutant, less than 500 pounds per year of any single hazardous air pollutant, or less than 2,000 pounds per year of combined hazardous air pollutants. If the source emits less than the threshold, they fall outside of NSR regulations.

Where is oil and gas produced in the Uinta Basin?

Approximately two-thirds of currently producing oil and gas wells, three quarters of the gas production, and half of the oil production in the Uinta Basin is located in Indian Country (2 MB) where the tribes and the EPA have regulatory authority. A new air permitting program has been finalized for the tribal areas of the Basin that will require minor source permitting in Indian Country. The program provides a process for reviewing and permitting oil and gas production air emissions on tribal lands. On December 12, 2013, EPA proposed extending the deadline for oil and gas sources in Indian Country for an additional 1 to 1 ½ years to provide additional time to develop general permits for this source category. On July 2, 2013, the Ute Indian Tribe of the Uintah and Ouray Reservation requested to enroll in the Ozone Advance program. DAQ is currently coordinating with the Ute Tribe to improve air quality and reduce emissions from oil and gas activities on tribal land.

When was the R307-500 Series adopted?

New statewide rules ( R307-500 Series, Oil and Gas) were adopted in 2014 to ensure that existing oil and gas equipment is maintained and operated as designed, and to reduce emissions from pneumatic controllers and oil tank trucks.

How does ozone form in Utah?

Ozone is formed when vehicle emissions and industrial sources mix with sunlight and heat. Levels can rise to unhealthy levels on hot, summer days and trigger a variety of symptoms, including coughing, throat irritation, and chest pain.

What is the marginal nonattainment area for ozone?

The Wasatch Front and parts of the Uinta Basin were designated as Marginal nonattainment areas for ozone this week by the Environmental Protection Agency. A Marginal designation is the least stringent classification for a nonattainment area and doesn’t require the state to submit a formal State Implementation Plan (SIP). Areas along the Wasatch Front affected by the new designation include all or part of Salt Lake, Davis, Weber, Tooele, and Utah counties. Areas in the Uinta Basin affected include portions of Uintah and Duchesne counties below 6,250 feet.

What is the Uinta Basin lawsuit?

Environmental Protection Agency over its failure to protect the Uinta Basin from dangerously high levels of smog pollution.

What is Earthjustice?

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.

Emissions Reductions

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Ozone pollution in the Basin is being addressed through a wide range of regulatory and voluntary emission reduction strategies.
See more on deq.utah.gov

Jurisdiction

  • Jurisdictional issues complicate air pollution regulation in the Basin. Energy production areas are scattered over federal, state, and tribal lands. Each of these agencies has jurisdiction over the production areas located on their respective lands, and each have air regulations that apply depending on the amount of pollution emitted.
See more on deq.utah.gov

Ozone Basics

  • Ozoneis a colorless gas comprised of three oxygen atoms. It is not emitted directly into the air as a gas but is formed through a chemical reaction between nitrogen oxides (NOx) and volatile organic compounds (VOCs) in the presence of sunlight. Ozone exposure causes respiratory inflammation and irritation often described as “a sunburn on the lungs” and is a trigger for increa…
See more on deq.utah.gov

Partnerships

  • Partnerships with stakeholders are critical to the success of efforts to reduce emissions in the Basin. The Uinta Basin Ozone Study, Three-State Pilot Project, Ozone Advance, and voluntary seasonal controls are examples of the collaboration with state and local governments, federal land management agencies, state agencies, local health departments, researchers, universities, …
See more on deq.utah.gov

Planning

  • While the Uinta Basin is still officially in attainment for ozone, elevated ozone levels over recent years and tighter ozone standards point to a nonattainment designation by the EPA. This will require the state to prepare a State Implementation Plan (SIP) to bring state lands in the Basin into attainment. The tribe and EPA would also be required t...
See more on deq.utah.gov

Studies

  • The Division of Air Quality (DAQ) is leading a multi-year effort to bring together knowledgeable scientists to study this phenomenon. Participants include the Environmental Protection Agency (EPA), National Oceanic Atmospheric Administration (NOAA), Utah State University, University of Utah, and a number of other universities in both the United States and Canada. The Uinta Basin …
See more on deq.utah.gov