Quality Science in the Courtroom: U.S. EPA Data Quality and Peer Review Policies and Procedures Compared to the Daubert Factors

Protection of the environment is critically dependent on the quality of data used in decision making. Whether the decisions are part of the scientific process or relate to application of the laws governing people and their living conditions, good quality data are required/needed by two disciplines with distinct differences. This paper examines some differences between science and the law, provides a brief history of science in law, discusses the effects of law on science, compares United States Environmental Protection Agency (U.S. EPA) guidance and U.S. Supreme Court credible science criteria. This paper further speculates on the future use of science data by the courts.     

Quality Assurance for the SITE Program Demonstrations

The U.S. Environmental Protection Agency has implemented a rigorous quality assurance (QA) program to ensure that the performance data generated during their Superfund Innovative Technology Evaluation (SITE) Demonstration projects are of known and adequate quality to support decisions to use such technologies for hazardous waste site characterizations or remediations. A general overview of the ways in which this QA program has been conducted and of the results it has produced is presented.     

A Reassessment of the Economic Effects of Ozone on U.S. Agriculture

The potential adverse effects of environmental change on agriculture have motivated considerable public research on this topic. Acid deposition, gaseous air pollutants, stratosphere ozone depletion and "green house" phenomena, individually and in combination, have been or are being evaluated in terms of effects on agricultural productivity. Assessments of the economic consequences of such effects have also been performed as input into the regulatory process. As with any applied bioeconomic analysis, the credibility of these economic assessments is dependent on the quality of the natural science and other data on the pollutant In question.

The ability of economists to assess the agricultural effects of one important pollutant, tropospheric ozone, has been Improved by the recently completed National Crop Loss Assessment Network (NCLAN). The structure, protocols and initial plant science findings of this U.S. Environmental Protection Agency program have been presented in this journal (see, for example, Heck et al).^1-2 In a related article,³ we reported the economic consequences of those preliminary ozone crop yield effects. Summary plant science findings have now been published.⁴

We provide here a more complete analysis of estimated benefits from reductions in troposphere ozone based on the final results of the NCLAN plant science research. In doing so, we concentrate on improvements in the modeling and underlying data which are reflected In this current assessment. While uncertainties still remain, these improvements should result in more defensible estimates of the magnitude of ozone’s effects on U.S. agriculture.     

Using prognostic model-generated meteorological output in the AERMOD dispersion model: an illustrative application in Philadelphia, PA

In this study, we introduce the prospect of using prognostic model-generated meteorological output as input to steady-state dispersion models by identifying possible advantages and disadvantages and by presenting a comparative analysis. Because output from prognostic meteorological models is now routinely available and is used for Eulerian and Lagrangian air quality modeling applications, we explore the possibility of using such data in lieu of traditional National Weather Service (NWS) data for dispersion models. We apply these data in an urban application where comparisons can be made between the two meteorological input data types. Using the U.S. Environment Protection Agency's American Meteorological Society/U.S. Environmental Protection Agency Regulatory Model (AERMOD) air quality dispersion model, hourly and annual average concentrations of benzene are estimated for the Philadelphia, PA, area using both hourly MM5 model-generated meteorological output and meteorological data taken from the NWS site at the Philadelphia International Airport. Our intent is to stimulate a discussion of the relevant issues and inspire future work that examines many of the questions raised in this paper.     

PCDDs and PCDFs in human adipose tissue from the EPA FY82 NHATS repository

Analysis for tetra- through octachloro-PCDDs and PCDFs was completed for 46 tissue samples prepared from the U.S. Environmental Protection Agency (EPA) National Human Adipose Tissue Survey (NHATS). The samples were prepared as composites from over 900 specimens to represent the nine U.S. census divisions and three age groups (0–14, 15–44, and 45 plus years). The data demonstrate that PCDDs and PCDFs are prevalent in the general U.S. population and that differences exist with age.     

Inhalable Particulate Levels in Northern Idaho from the Initial Eruptions of Mount St. Helens

ABSTRACT

This paper describes some characteristics of speciated nonmethane organic compound (NMOC) data collected in 1994 at five Photochemical Assessment Monitoring Stations (PAMS) and archived in the U.S. Environmental Protection Agency’s Aerometric Information Retrieval System (AIRS). Topics include data completeness, distribution of individual NMOCs in concentration categories relative to minimum detectable levels, percentage of total NMOC associated with the sum of the 55 PAMS target compounds, and use of scatterplots to diagnose chromatographic misidentification of compounds. This is an early examination of a database that is expanding rapidly, and the insights presented here may be useful to both the producers and future users of the data for establishing consistency and quality control.     

The Role of Quality Assurance in Collaborative Testing

Collaborative testing is the traditional means used to establish the precision of test methods. The role that quality assurance plays in the collaborative testing of U.S. Environmental Protection Agency stationary source test methods is presented. The applicability of the quality assurance procedures presented for routine use in compliance testing is also described.     

Age-dating Diesel Fuel Spills: Using the European Empirical Time-based Model in the U.S.A.

In 1993, a paper was published by Christensen and Larsen that offered a method for determining the age of diesel oil spills in soil (Christensen and Larsen, 1993 Ground Water Mount. R . Fall , 142-149). It presented an empirical time-based model of the degradation of diesel fuel in soils using chemical data gathered at petroleum release sites in Denmark and the Netherlands. Now, evaluation of the validity of the application of this work to subsurface petroleum releases in other countries remains. In the U.S.A., investigations assessing date(s) of release of diesel fuel in soils, e.g. age dating of subsurface petroleum contamination, have considerable interest. Litigation-driven scientific investigations with accompanying expert testimony in a court of law are underway. The number of instances where application of the Christensen and Larsen empirical time-based model to petroleum-contaminated properties is growing in the U.S.A. This paper presents two case studies which evaluate the applicability of the Christensen and Larsen empirical time-based model to petroleum-contaminated properties in general. It illustrates the approach using gas chromatographic data from two recently-completed projects evaluating the applicability of the Christensen and Larsen model to a No. 2 fuel oil/diesel fuel surface spill in the U.S.A. Results showed that the application of the model to petroleum-contaminated soils was scientifically valid, provided its applicability was evaluated using hypothesis testing for specific changes in the characteristics of the petroleum hydrocarbon distribution in a number of soil samples collected over time at one site. The paper offers observations on the application of the Christensen and Larsen model to petroleum found in the light non-aqueous phase liquid (LNAPL) phase and groundwater.     

An exploratory look at hydrocarbon data from the Photochemical Assessment Monitoring Stations network

This paper describes some characteristics of speciated nonmethane organic compound (NMOC) data collected in 1994 at five Photochemical Assessment Monitoring Stations (PAMS) and archived in the U.S. Environmental Protection Agency's Aerometric Information Retrieval System (AIRS). Topics include data completeness, distribution of individual NMOCs in concentration categories relative to minimum detectable levels, percentage of total NMOC associated with the sum of the 55 PAMS target compounds, and use of scatterplots to diagnose chromatographic misidentification of compounds. This is an early examination of a database that is expanding rapidly, and the insights presented here may be useful to both the producers and future users of the data for establishing consistency and quality control.     

An Assessment of the Economic Effects of Ozone on U.S. Agriculture

Past attempts to measure the economic consequences of ozone on agriculture have been based on limited plant science information. This paper reports on an economic assessment of ozone on U.S. agriculture using recent crop response data from the National Crop Loss Assessment Network (NCLAN). The results are derived from a U.S. agricultural sector model that includes major crop and livestock production as well as domestic consumption, livestock feeding and export uses. The economic effects of four hypothetical ambient ozone levels are investigated. The analysis Indicates that the benefits to society of moderate (25%) ozone reductions are approximately $1.7 billion. A 25% Increase in ozone pollution results in costs (negative benefits) of $2.1 billion. These estimates do not reflect compliance costs of achieving the ozone changes and hence are not net benefits.     

Mutagenicity evaluation of chemical pesticides

Abstract

Over the last few decades, the use of chemical pesticides has increased dramatically in the U.S. This relatively sudden increase greatly concerns the U.S. Environmental Protection Agency (EPA), since it has the responsibility for ensuring the safety of all pesticides used in the U.S. In response to this concern, EPA has established a review program, the Rebuttable Presumption Against Registration (RPAR), for periodically reassessing the mutagenic and carcinogenic potential of pesticide compounds.

This paper presents a review and evaluation of the data reported in the literature on six chemical pesticides suspect for mutagenic potential. The pesticide chemicals discussed are maleic hydrazide; rotenone; monuron; diallate; triallate, and benomyl.     

Vapor pressure response to denaturant and water in E10 blends

On December 16, 1993, the U.S. Environmental Protection Agency (EPA) released the final rule on reformulated gasoline (RFG). This rule will affect the composition of as much as 45% of the gasoline used in the United States by the summer of 1995. The acceptance of any gasoline component lies in its ability to contribute to the RFG program's environmental goals. This study was conducted to determine the effect of water and ethanol denaturant on gasoline Reid vapor pressure (RVP) for which little quantitative data are available. This paper addresses two new areas where environmental goals may be achieved while maintaining the use of ethanol-blended gasolines within ozone nonattainment areas.     

Patterns and concentrations of PM10 in a mountainous basin region

In this study, continuous data of PM10 (particles with aerodynamic diameter < 10 microns) concentration measurements for a 4-yr period were analyzed. These measurements have been carried out in the Eordea Basin, an industrial area in the northwestern mountainous region of Greece. The annual, monthly, and diurnal patterns are presented and investigated regarding the prevailing meteorological conditions and atmospheric processes that affect the ambient concentrations of PM10. The effect of wind on controlling PM10 concentration is also discussed. Based on the data analysis, an attempt is made to provide useful information about air quality levels, taking into account U.S. Environmental Protection Agency air quality standards.     

Using Continuous PM2.5 Monitoring Data to Report an Air Quality Index

Abstract

As stated in 40 CFR 58, Appendix G (2000), statistical linear regression models can be applied to relate PM_2.5 continuous monitoring (CM) measurements with federal reference method (FRM) measurements, collocated or otherwise, for the purpose of reporting the air quality index (AQI). The CM measurements can then be transformed via the model to remove any bias relative to FRM measurements. The resulting FRM-like modeled measurements may be used to provide more timely reporting of a metropolitan statistical area’s (MSA’s) AQI.¹ Of considerable importance is the quality of the model used to relate the CM and FRM measurements. The use of a poor model could result in misleading AQI reporting in the form of incorrectly claiming either good or bad air quality.

This paper describes a measure of adequacy for deciding whether a statistical linear regression model that relates FRM and continuous PM_2.5 measurements is sufficient for use in AQI reporting. The approach is the U.S. Environmental Protection Agency’s (EPA’s) data quality objectives (DQO) process, a seven-step strategic planning approach to determine the most appropriate data type, quality, quantity, and synthesis for a given activity.² The chosen measure of model adequacy is r², the square of the correlation coefficient between FRM measurements and their modeled counterparts. The paper concludes by developing regression models that meet this desired level of adequacy for the MSAs of Greensboro/Winston-Salem/High Point, NC; and Davenport/Moline/Rock Island, IA/IL. In both cases, a log transformation of the data appeared most appropriate. For the data from the Greens-boro/Winston-Salem/High Point MSA, a simple linear regression model of the FRM and CM measurements had an r² of 0.96, based on 227 paired observations. For the data from the Davenport/Moline/Rock Island MSA, due to seasonal differences between CM and FRM measurements, the simple linear regression model had to be expanded to include a temperature dependency, resulting in an r² of 0.86, based on 214 paired observations.     

Stationary Combustion NOX Control A Summary of the 1989 Symposium

This paper summarizes information and results presented at the 1989 Symposium on Stationary Combustion NOX Control, held March 6-9, 1989 in San Francisco. Cosponsored by the Electric Power Research Institute (EPRI) and the U.S. Environmental Protection Agency, (EPA) the symposium was the fifth in a biennial series.     

The Emissions and Dispersion Modeling System (EDMS): Its Development and Application at Airports and Airbases

A new complex source microcomputer model has been developed for use at civil airports and Air Force bases. This paper describes both the key features of this model and its application in evaluating the air quality impact of new construction projects at three airports: one in the United States and two in Canada.

The single EDMS model replaces the numerous models previously required to assess the air quality impact of pollution sources at airports. EDMS also employs a commercial data base to reduce the time and manpower required to accurately assess and document the air quality impact of airfield operations.

On July 20, 1993, the U.S. Environmental Protection Agency (EPA) issued the final rule (Federal Register, 7/20/93, page 38816) to add new models to the Guideline on Air Quality Models. At that time EDMS was incorporated into the Guideline as an Appendix A model.     

Will the circle be unbroken: a history of the U.S. National Ambient Air Quality Standards

In celebration of the 100th anniversary of the Air & Waste Management Association, this review examines the history of air quality management (AQM) in the United States over the last century, with an emphasis on the ambient standards programs established by the landmark 1970 Clean Air Act (CAA) Amendments. The current CAA system is a hybrid of several distinct air pollution control philosophies, including the recursive or circular system driven by ambient standards. Although this evolving system has resulted in tremendous improvements in air quality, it has been far from perfect in terms of timeliness and effectiveness. The paper looks at several periods in the history of the U.S. program, including: (1) 1900-1970, spanning the early smoke abatement and smog control programs, the first federal involvement, and the development of a hybrid AQM approach in the 1970 CAA; (2) 1971-1976, when the first National Ambient Air Quality Standards (NAAQS) were set and implemented; (3) 1977-1993, a period of the first revisions to the standards, new CAA Amendments, delays in implementation and decision-making, and key science/policy/legislative developments that would alter both the focus and scale of air pollution programs and how they are implemented; and (4) 1993-2006, the second and third wave of NAAQS revisions and their implementation in the context of the 1990 CAA. This discussion examines where NAAQS have helped drive implementation programs and how improvements in both effects and air quality/control sciences influenced policy and legislation to enhance the effectiveness of the system over time. The review concludes with a look toward the future of AQM, emphasizing challenges and ways to meet them. The most significant of these is the need to make more efficient progress toward air quality goals, while adjusting the system to address the growing intersections between air quality management and climate change.     

Age-dating Diesel Fuel Spills: Using the European Empirical Time-based Model in the U.S.A.

In 1993, a paper was published by Christensen and Larsen that offered a method for determining the age of diesel oil spills in soil (7Ground Water Mount.R . Fall, 142–149). It presented an empirical time-based model of the degradation of diesel fuel in soils using chemical data gathered at petroleum release sites in Denmark and the Netherlands. Now, evaluation of the validity of the application of this work to subsurface petroleum releases in other countries remains.In the U.S.A., investigations assessing date(s) of release of diesel fuel in soils, e.g. age dating of subsurface petroleum contamination, have considerable interest. Litigation-driven scientific investigations with accompanying expert testimony in a court of law are underway. The number of instances where application of the Christensen and Larsen empirical time-based model to petroleum-contaminated properties is growing in the U.S.A.This paper presents two case studies which evaluate the applicability of the Christensen and Larsen empirical time-based model to petroleum-contaminated properties in general. It illustrates the approach using gas chromatographic data from two recently-completed projects evaluating the applicability of the Christensen and Larsen model to a No. 2 fuel oil/diesel fuel surface spill in the U.S.A. Results showed that the application of the model to petroleum-contaminated soils was scientifically valid, provided its applicability was evaluated using hypothesis testing for specific changes in the characteristics of the petroleum hydrocarbon distribution in a number of soil samples collected over time at one site. The paper offers observations on the application of the Christensen and Larsen model to petroleum found in the light non-aqueous phase liquid (LNAPL) phase and groundwater.     

Increasing the Use of Earth Science Data and Models in Air Quality Management

In 2010, the U.S. National Aeronautics and Space Administration (NASA) initiated the Air Quality Applied Science Team (AQAST) as a 5-year, $17.5-million award with 19 principal investigators. AQAST aims to increase the use of Earth science products in air quality-related research and to help meet air quality managers’ information needs. We conducted a Web-based survey and a limited number of follow-up interviews to investigate federal, state, tribal, and local air quality managers’ perspectives on usefulness of Earth science data and models, and on the impact AQAST has had. The air quality managers we surveyed identified meeting the National Ambient Air Quality Standards for ozone and particulate matter, emissions from mobile sources, and interstate air pollution transport as top challenges in need of improved information. Most survey respondents viewed inadequate coverage or frequency of satellite observations, data uncertainty, and lack of staff time or resources as barriers to increased use of satellite data by their organizations. Managers who have been involved with AQAST indicated that the program has helped build awareness of NASA Earth science products, and assisted their organizations with retrieval and interpretation of satellite data and with application of global chemistry and climate models. AQAST has also helped build a network between researchers and air quality managers with potential for further collaborations.

Implications: NASA’s Air Quality Applied Science Team (AQAST) aims to increase the use of satellite data and global chemistry and climate models for air quality management purposes, by supporting research and tool development projects of interest to both groups. Our survey and interviews of air quality managers indicate they found value in many AQAST projects and particularly appreciated the connections to the research community that the program facilitated. Managers expressed interest in receiving continued support for their organizations’ use of satellite data, including assistance in retrieving and interpreting data from future geostationary platforms meant to provide more frequent coverage for air quality and other applications.     

The New England Air Quality Forecasting Pilot Program: development of an evaluation protocol and performance benchmark

The National Oceanic and Atmospheric Administration recently sponsored the New England Forecasting Pilot Program to serve as a "test bed" for chemical forecasting by providing all of the elements of a National Air Quality Forecasting System, including the development and implementation of an evaluation protocol. This Pilot Program enlisted three regional-scale air quality models, serving as prototypes, to forecast ozone (O3) concentrations across the northeastern United States during the summer of 2002. A suite of statistical metrics was identified as part of the protocol that facilitated evaluation of both discrete forecasts (observed versus modeled concentrations) and categorical forecasts (observed versus modeled exceedances/nonexceedances) for both the maximum 1-hr (125 ppb) and 8-hr (85 ppb) forecasts produced by each of the models. Implementation of the evaluation protocol took place during a 25-day period (August 5-29), utilizing hourly O3 concentration data obtained from over 450 monitors from the U.S. Environment Protection Agency's Air Quality System network.