Environmental Regulation and Deregulation

1. Environmental Regulation and Deregulation in the trump administration: an aapca states perspective ICAC 2018 Clean air summit

2. Introduction to aapca Association of Air Pollution Control Agencies Consensus-driven organization of more than 40 state and local air quality agencies Senior officials from 20 state agencies serve on AAPCA’s Board Current leadership from Arkansas DEQ, Wyoming DEQ, Louisiana DEQ, and Kentucky DAQ Focus on technical information-sharing and serving as a primary conduit with U.S. EPA Located in Lexington, KY as an affiliate of The Council of State Governments More information: www.cleanairact.org

3. Footprint of aapca members AAPCA’s state members are responsible for air quality for a significant portion of the country, including: Nearly 45% of total U.S. population (approximately 141 million Americans) 40% of U.S. Gross Domestic Product 60% of total energy production in the U.S., including: 55% of total net electricity generation 77% of coal production 65% of crude oil production 57% of natural gas production AAPCA’s 2017 report The Greatest Story Seldom Told: Profiles and Success Stories in Air Pollution Controldetails additional member metrics.

4. AAPCA consensus comments Rulemakings AAPCA has provided consensus comments to U.S. EPA on several rulemakings, including: proposed Regional Haze Rule amendments (8/2016); proposed Revision to the Near-Road NO2 Minimum Monitoring Requirements (6/2016); and, proposed Exceptional Events Rule revisions (2/2016) Regulatory Reform Comments to U.S. EPA on regulations that may be appropriate for repeal, replacement, or modification under EO 13777 on Enforcing the Regulatory Reform Agenda. Advisory Committees Comments on the list of candidates for U.S. EPA’s Science Advisory Board (9/2017) and Clean Air Scientific Advisory Committee (9/2017) Congressional Feedback Testimony to House and Senate congressional committees on FY2018 appropriations Transmittal of consensus principles for Clean Air Act modernization to congressional subcommittees of the House and Senate

5. Comments on U.S. EPA Strategic plan In September 2017, U.S. EPA released the Draft FY 2018 – 2022 EPA Strategic Plan, which identified the following strategic goals: Core Mission, Cooperative Federalism, and Rule of Law and Process. AAPCA provided feedback on the draft plan in October 2017: “AAPCA regularly tracks state and local environmental agency comments on EPA rulemakings and Clean Air Act issues, many of which highlight the need for a state-driven air quality planning process.” “AAPCA encourages EPA to identify avenues to increase the early participation of state, local, and tribal experts through federal advisory committees.” “[G]eographically diverse state and local officials have a unique, independent perspective as a result of their on-the-ground experience carrying out the Clean Air Act and other environmental statutes.” Final plan (published February 12) strengthened these positions.

6. AAPCA Publications & Projects Reports and Fact Sheets: The Greatest Story Seldom Told: Profiles and Success Stories in Air Pollution Control(4/2017) Catalogues air quality trends through publicly available data from U.S. EPA and other agencies Highlights the tremendous progress air quality agencies have made in virtually every measure of air pollution control Where data sets allow state-to-state comparisons, show areas where states that serve on AAPCA’s Board have provided leadership Timing of U.S. EPA Nominations & Appointments in Past Presidential Transitions (1/2017) State Clean Air Act Deadlines, 2016 – 2021 (3/2017) Preparing for Personal Air Sensors: Definition, Opportunities, and Data Limitations(6/2017)

7. AAPCA Publications & Projects Reports and Fact Sheets: The Greatest Story Seldom Told: Profiles and Success Stories in Air Pollution Control (4/2017) Catalogues air quality trends through publicly available data from U.S. EPA and other agencies Highlights the tremendous progress air quality agencies have made in virtually every measure of air pollution control Where data sets allow state-to-state comparisons, show areas where states that serve on AAPCA’s Board have provided leadership Timing of U.S. EPA Nominations & Appointments in Past Presidential Transitions (1/2017) State Clean Air Act Deadlines, 2016 – 2021 (3/2017) Preparing for Personal Air Sensors: Definition, Opportunities, and Data Limitations(6/2017)

8. AAPCA Publications & Projects AAPCA surveys of state agency perspectives: The State of Regulatory Reform: Navigating State Perspectives on Clean Air Act Regulations Under Executive Order 13777 (7/2017) 24 state environmental agencies provided comments to U.S. EPA Perspectives on EPA's Clean Air Scientific Advisory Committee (4/2016) State Environmental Agency Perspectives on Timely NAAQS Implementation (9/2015) State Environmental Agency Perspectives on Background Ozone & Regulatory Relief (6/2015)

9. AAPCA Publications & Projects AAPCA surveys of state agency perspectives: The State of Regulatory Reform: Navigating State Perspectives on Clean Air Act Regulations Under Executive Order 13777 (7/2017) 24 state environmental agencies provided comment to U.S. EPA Perspectives on EPA's Clean Air Scientific Advisory Committee (4/2016) State Environmental Agency Perspectives on Timely NAAQS Implementation (9/2015) State Environmental Agency Perspectives on Background Ozone & Regulatory Relief (6/2015)

10. Opportunities for engagement AAPCA operates 11 technical committees, focused on: Public Outreach & Information; Training; Best Practices; NAAQS/SIP; Modeling; Local Government; Emissions Inventory; Ambient Monitoring; Compliance, Enforcement, & Testing; Permitting & NSR; and, Energy. Chairs or co-chairs from 12 different state and local agencies representing broad geographic diversity Best practices in air pollution control awarded annually at AAPCA’s Fall Business Meeting – nominations in the following areas: Air Quality Monitoring & Testing; Permitting; Inspections/Enforcement; Control Technology; Process Improvement; Administration of Air Quality Programs Regular opportunities to interface with U.S. EPA senior political and career leadership during committee/member calls and membership meetings.

11. AAPCA membership Meetings AAPCA holds two meetings annually, each Spring and Fall: 2018 Spring Meeting was held in Lexington, Kentucky 2018 Fall Business Meeting will be September 17 – 19 in Raleigh, North Carolina Generally sessions over the course of three days, with a full day of programming open to non-governmental attendees

12. cooperative federalism In the past year, senior officials from AAPCA agencies have testified before Senate and House Subcommittees on: Cooperative Federalism NSR Reform Proposed legislation for ozone implementation In February 2018, U.S. EPA rescinded the “Once In, Always In” policy. U.S. EPA is currently revisiting all or portions of several rules. Presidential memorandum on April 12 providing direction for U.S. EPA regarding NAAQS and state implementation plans In October 2017, Administrator Pruitt issued a new policy directive on advisory committees, seeking to: Strengthen Member Independence; Increase State, Tribal and Local Government Participation; Enhance Geographic Diversity; and, Promote Fresh Perspectives.

13. What to watch… Proposed repeal of the Clean Power Plan (and potential replacement) Clean Air Act Section 111(b) rule Regional Haze Rule revisions 2015 Ozone NAAQS Vacated SIP Requirements Rule for 2008 Ozone NAAQS Oil & Gas Rules (2016 New Source Performance Standards and Control Techniques Guidelines) New Source Review and other permitting reforms, including U.S. EPA’s recent NSR memorandums Other regulatory reform efforts

14. Contact information Jason E. Sloan Executive Director AAPCA 859.244.8043 – office jsloan@csg.org Stuart Spencer Associate Director ADEQ President AAPCA 501.682.0750 – office spencer@adeq.state.ar.us