u.s. epa region 4 air quality update -...
TRANSCRIPT
Katy R. Lusky
Senior Technical & Policy AdvisorAir Analysis and Support Branch/APTMD
U.S. Environmental Protection Agency, Region 4
NC Air Quality ForumNovember 5, 2015
U.S. EPA Region 4
Air Quality Update
Today’s Topics
Regulatory Updates
NAAQS Updates:
Ozone
SO2
NSPS e-Reporting
Boiler/RICE MACT updates
Additional Regulatory Updates
GHG in Permitting
Climate Action Plan
Enforcement Priorities
Making a Visible Difference in Communities
SEDC
2
Communities Support Section
Amber Davis
Air Data and Analysis Section
Todd Rinck
Air Regulatory Management
Section
Lynorae Benjamin
Air Permitting Section
Heather Ceron
North Air Enforcement
and Toxics Section
Richard Dubose
South Air Enforcement
and Toxics Section
Todd Russo
Chemical Management
and Emergency Planning Section
Robert Bookman
Pesticides Section
Kimberly Bingham
Lead & Asbestos Section
Steve Scofield
Air Analysis and Support Branch
Gregg Worley
Air Planning & Implementation
Branch
Scott Davis
Air Enforcement & Toxics Branch
Beverly Spagg
Chemical Safety & Enforcement
Branch
Anthony Toney
Air, Pesticides & Toxics Management DivisionBeverly H. Banister, Director
Carol L. Kemker, Deputy DirectorJeaneanne M. Gettle, Deputy Director
Immediate Office StaffGrants and Strategic Planning Office
Air, Pesticides and Toxics Management Division
NAAQS Reviews: Status Update(as of September 2015)
Ozone LeadPrimary
NO2
Primary SO2
Secondary
NO2 and SO2
PM CO
Last ReviewCompleted (final rule signed)
Mar 2008 Oct 2008 Jan 2010 Jun 2010 Mar 2012Dec 2012
Aug 2011
Recent or
Upcoming
Major
Milestone(s)1
Oct 1, 2015 2
Final rule signed
January 5, 2015
Proposed rule published in
FR
April 6, 2015Comment
period closed
June 2-3, 2015CASAC
meeting to discuss 2nd
draft ISA and REA Planning
document
Aug. 13, 2015CASAC call to discuss letters
on 2nd draft ISA and REA Planning
Document
Fall 2015
1st draft ISA
Fall 2015
Draft IRP
Dec 2015
Draft IRPTBD3
4
1 IRP – Integrated Review Plan; ISA – Integrated Science Assessment;
REA – Risk and Exposure Assessment; PA – Policy Assessment2 Indicates court-ordered deadline3 TBD = to be determined
Additional information regarding current and previous NAAQS reviews is available at: http://www.epa.gov/ttn/naaqs/
Ozone
Updated standards
The Clean Air Act charges
the EPA Administrator with
setting primary standards that
are requisite to protect public
health with an adequate
margin of safety.
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2015 Final
Ozone Standards
Primary: 70 ppb
Secondary: 70 ppb
Updated Standard– Primary
In setting the primary standard, the Administrator:
Examined the body of scientific evidence on ozone
and health
Evidence expanded significantly since EPA last
reviewed the ozone standards in 2008.
Focused on new studies that have become
available since 2008.
New clinical studies -- provide the most certain evidence of health effects in adults, clearly show
ozone at 72 ppb can be harmful to healthy,
exercising adults.
Clinical studies also show effects in some adults
following exposures as low as 60 ppb; however, there is uncertainty that these effects are adverse.
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Primary Standard, cont.
The Administrator also reviewed results of analyses
of exposure to ozone and looked at how different
levels of the standard would reduce risk.
Analyses take into account how people are exposed
to ozone in their daily lives.
Focused on risks to children, particularly due to
repeated exposures to ozone.
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Primary Standard, cont.8
Based on the science, the Administrator has determined
that the 2008 standard was not adequate to protect
public health.
Revised standard of 70 ppb:
Is requisite to protect public health with an adequate
margin of safety.
Is below the level shown to cause adverse health effects
in the clinical studies.
Essentially eliminates exposures shown to cause adverse
health effects, protecting 99.5 % of children from even
single exposures to ozone at 70 ppb.
Substantially reduces exposures to levels lower than 70
ppb, reducing multiple exposures to 60 ppb by more
than 60%.
Secondary Standard
EPA also is strengthening the secondary
(welfare) standard to 70 ppb.
New studies add to evidence that repeated
exposure to ozone reduces growth and has
other harmful effects on plants and trees. These
types of effects have the potential to harm
ecosystems.
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Air Quality Index 10
Ozone Monitoring Seasons
Final rule extends ozone monitoring season for 32
states and D.C.
One month extension for 22 states and D.C.
Additional extensions of two months to seven months
for 10 states, including states where ozone can be
elevated during the winter;
Year-round seasons for all NCore multi-pollutant sites.
EPA Regional Administrators will still be allowed to
approve changes to states’ ozone monitoring
seasons without rulemaking.
Does not affect the CSAPR trading program ozone season (remains May 1 – Sept 1).
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Ozone Monitoring Seasons
12
4-10
3-10
3-10
3-11
1-121-12
1-12
1-12 1-12
1-12
5-9
5-9
3-10
3-11
3-10
3-10
4-9
4-9
1-12
1-12
1-9
3-9
3-10 3-10/15 3-10
3-10
3-10
3-103-10
3-10
3-10
3-10
3-10
3-103-103-103-10
1-12
3-11
1-12
3-10
4-9
4-9
3-10
3-10
3-10NJDEMDDC
3-9NH RIMACT
1-12
Season Change
No Change
Effective January 1, 2017
Ozone Designations and Implementation:
Tentative Timeline
Designation Schedule
Schedule Tentative Date
State and Tribe
Recommendations
Within 1 year after
NAAQS promulgation
October 1, 2016
EPA responds to
state and tribal
recommendations
June 1, 2017
Final Designation Within 2 years after
NAAQS promulgation
(Administrator has
discretion to extend
the deadline by one
year to collect
sufficient
information.)
October 1, 2017
Effective date may vary.
(Air quality data years: 2014 –
2016)
Implementation Schedule
Infrastructure SIP Within 3 years after
NAAQS promulgation
October 2018
Attainment Plans
Due
Within 36 - 48 months
after designations
depending on
classification
October 2020-2021
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Attainment Schedule by Classification
Classification Schedule*
Marginal 3 years to attain
Moderate 6 years to attain
Serious 9 years to attain
Severe 15 to 17 years to attain
Extreme 20 years to attain
*Areas must attain as expeditiously as practical, but
not later than the schedule in the table. Two one-
year extensions are available in certain
circumstances based on air quality.
Sulfur Dioxide (SO2) NAAQS
Implementation
EPA revised primary SO2 standard on June 3, 2010
(75 ppb/1-hour)
Attainment plans for 29 areas currently designated
nonattainment were due April 4, 2015
5 Areas in Region 4 – none in NC
• Sullivan Co., TN
• Hillsborough, FL
• Nassau, FL
• Campbell Co., KY
• Jefferson Co., KY
2010 SO2 NAAQS Designations
Consent decree entered on March 2, 2015, by U.S.
District Court for Northern California “triggered” the
following deadlines:
July 2, 2016 - The EPA must complete a round of designations for
areas associated with 68 EGUs in 24 states and any undesignated
areas with violating monitors
December 31, 2017 - The EPA must complete an additional
round of designations for any area a state has not elected to
monitor per the provisions of the DRR starting January 1, 2017
December 31, 2020 - The EPA must complete all remaining
designations (primarily expected to be areas where states
have elected to monitor per the provisions of the DRR)
Plaintiff states have appealed the March 2, 2015 court
order, and in a separate action, North Carolina has filed
its own designations deadline suit
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2010 SO2 Designations Due on July 2, 2016
Under Consent Decree
Initial group of designations include:
Areas with violation of the 2010 SO2 NAAQS (based on 2013-2015 data)
Preliminarily (based on final 2012 – 2014 data):
Chatham County, Georgia
Hawaii County, Hawaii
Iron County, Missouri
Williams County, North Dakota
Brown County, Wisconsin
Carbon County, Wyoming
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2010 SO2 Designations Due on July 2, 2016
Under Consent Decree
Initial round of designations also includes:
Areas where there are sources (electric power plants)
that as of March 2, 2015, have not been “announced for retirement,” and meet one of the following
emissions thresholds:
16,000 tons of emitted in 2012 or
2,600 tons of SO2 emitted in 2012 with an average
emission rate of at least 0.45 pounds of SO2 per
mmBtu
Yields 68 sources in 24 states
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18
R4 State County Facility Name
GA Monroe Robert W Scherer Power Plant (Plant Scherer)
KYOhio D B Wilson Generating Station
Pulaski John S. Cooper Power Station
MS Lamar R D Morrow Senior Generating Plant
NC Brunswick CPI USA North Carolina Southport
TN Sumner TVA: Gallatin Fossil Plant
Sources External to R4 that May Be Impacting R4 States
State County Facility Name
IL Massac Joppa Steam Coal Power Plant
INPosey A B Brown Generating Station
Jefferson Clifty Creek Power Plant
OH Clermont W H Zimmer Generating Station
Region 4 Sources* Subject to
July 2, 2016, Deadline for CD
* Source in AL previously included but AL able to provide
proof that source should not be subject to July 2, 2016
round of designations.
Schedule for Completing 2010 SO2 NAAQS
Designations Due on July 2, 201619
Milestone Date
Court Order March 2, 2015
Impacted states may submit
updated recommendations and
supporting information for area
designations to the EPA
No later than September 18, 2015
The EPA notifies impacted states
concerning any intended
modifications to their
recommendations (120-day letters)
On or about January 22, 2016, but
absolutely no later than 120 days prior
to final designations (March 2, 2016)
End of 30-day public comment
periodOn or about March 4, 2016
Impacted states provide additional
information to demonstrate why an
EPA modification is inappropriate
On or about April 8, 2016
The EPA promulgates final SO2 area
designations (no later than 16 months
from Court Order)
No later than July 2, 2016
SO2 NAAQS Data Requirements Rule
Final Data Requirements Rule - issued on August
10, 2015
Establishes requirements to monitor or model ambient
SO2 levels in areas with largest sources of SO2 emissions
At a minimum, must characterize air quality
around sources that emit 2,000 tons per year (tpy)
or more of SO2 or adopt enforceable emission
limits that ensure that the source will not emit more
than 2,000 tpy of SO2
Final rule establishes a schedule for air agencies to
characterize air quality and to provide that air
quality data to the EPA
20
SO2 NAAQS Data Requirements Rule:
Implementation Timeline
January 15, 2016: Air agency identifies sources
exceeding threshold and other sources for which air
quality will be characterized
July 1, 2016: Air agency specifies (for each
identified source) whether it will monitor air quality,
model air quality, or establish an enforceable limit
Air agency also accordingly submits a revised
monitoring plan, modeling protocols, or descriptions
of planned limits on emissions to less than 2,000 tpy
21
SO2 NAAQS Data Requirements Rule:
Implementation Timeline Continued
January 2017
New monitoring sites must be operational
by Jan. 1, 2017
Modeling analyses must be submitted to
EPA by Jan. 13, 2017
Documentation of federally enforceable
emission limits and compliance must be
submitted to EPA by Jan. 13, 2017
Early 2020: Monitoring sites will have 3 years of
quality-assured data, which must be
submitted to EPA
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NSPS e-Reporting Update
Signed on February 26, 2015 (FRN on 3/20/15)
Public Comment Period ended on June 18, 2015
EPA is currently reviewing and responding to
comments
Expected Final in 2016
Affects MOST NSPS sources, such as:
Pulp Mills, Stationary Combustion Turbines, Coating
Operations, Landfills, Glass Manufacturing, etc…
Requires electronic reporting using the Compliance
and Emissions Data Reporting Interface (CEDRI)
through EPA’s Central Data Exchange (CDX)
Allows some sources to maintain electronic records
Contact: Gerri Garwood (OAQPS) 919-541-2406
Boiler MACT Update
Final Rule – March 21, 2011
Final Amendments – January 31, 2013
Compliance Date – January 31, 2016
10 Petitions for Reconsideration
EPA granted reconsideration for 3 issues:
o Definition of Work practice for S/S periods
o Revised CO limits for certain subcategories
o Use of PM CEMS
Add’l Rule Amendments proposed – January 21, 2015
Ongoing Litigation from environmental groups and industry
Issues: MACT floor, Boiler subcategories, Use of CO as a
surrogate, Health based compliance alternatives, Authority to
require energy assessments
Hearing on litigation scheduled for Dec 3, 2015
RICE MACT Update
Final Rule amendments – January 30, 2013
3 Petitions for Reconsideration
No changes were made to regulations – Aug 15, 2014 decision by EPA
Court vacates emergency RICE provisions – May 1, 2015 and amends decision on July 21, 2015
Vacated exemption for 63.6640(f)()2)(ii)-(iii) only
(ii) Emergency Demand Response
(iii) 5% deviation of voltage or frequency
Did not vacate exemption for maintenance and testing
Court grants EPA’s motion to delay mandate to vacate until May 1, 2016
Court accepts EPA’s voluntary remand of 63.6640(f)(4)(ii)
50 hour/year exemption to supply power as part of a financial arrangement.
GHG Permitting: Post Supreme Court Decision Status Update
June 23, 2014 Supreme Court Decision in Utility Air
Regulatory Group (UARG) v EPA
Key outcomes:
EPA may not treat GHGs as an air pollutant for
purposes of determining whether a source is a major
source required to obtain a PSD or Title V permit
EPA could continue to require that PSD permits
otherwise required based on emissions of non-GHG
pollutants, contain limitations on GHG emissions
based on the application of BACT
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D.C. Circuit Amended Judgment
on Motions to Govern
On April 10, 2015, the D.C. Circuit Court of Appeals issued an
‘amended judgment’ in response to parties’ motions to
govern which was consistent with the relief requested by the
EPA
The court vacated only those regulations that implement
Step 2 of the PSD and Title V Greenhouse Gas Tailoring Rule
and required EPA to study whether it was feasible to take
additional steps to phase-in permitting requirements for
smaller sources
The judgment did not vacate the EPA regulations that
implement Step 1 of the Tailoring Rule and preserves the
ongoing application of the Best Available Control
Technology (BACT) requirement to greenhouse gas emission
from sources that are required to obtain a PSD permit based
on emissions of pollutants other than greenhouse gases
(“anyway sources”)
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GHG Regulatory Updates Post
Supreme Court
In April 2015, EPA issued a final rulemaking action revising EPA’s PSD regulations to enable the EPA to rescind EPA-issued PSD permits.
In Aug. 2015, EPA issued a final rulemaking to remove certain provisions from PSD and title V that were vacated. 80 FR 50199
The EPA is working on a proposed rule to establish a significant emissions rate for GHGs under the PSD program.
This will be a proposed rulemaking and available for public comment
28
Regional Haze: Status of Actions
The initial round of RH SIPs is nearly complete
Only two actions remain to satisfy the consent decree:
Texas and Oklahoma
Litigation lingers in several states
Next round of comprehensive planning SIPs are due July 31, 2018
EPA plans to propose rule amendments to:
Shift the due date for these next SIPs to July 2021
Change the schedule and process for submitting 5-year Progress Reports
Revise aspects of RAVI provisions
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Regional Haze Looking Forward:
Planning for the Next Cycle of SIPs
EPA plans to develop guidance for two key
aspects of the program:
Reasonable Progress (RP) Guidelines
RP Goals (Glidepath Metrics)- Setting the reasonable
progress goals based on visibility impacts from
controllable, anthropogenic emissions instead of all
sources
Timing – draft guidance and/or rulemaking in early
2016
30
Status of Transport Rule Efforts
EPA began implementation of this rule on January 1, 2015. It addresses interstate transport obligations for the 1997 ozone, 1997 PM2.5 and 2006 PM2.5
NAAQS
On July 28, the D.C. Circuit issued its opinion on the remaining issues raised with respect to CSAPR
Transport Rule to address the 2008 ozone NAAQS
EPA issued preliminary interstate transport modeling on January 22, 2015
EPA issued updated modeling for public notice and comment on July 23. The comment period will close October 23.
We intend to propose this rule by the end of this year
Additional information at http://www.epa.gov/airtransport/
31
Response to SSM Petition, Final Policy
and SIP Call
Final action was signed May 22, 2015, in response to
a Sierra Club petition for rulemaking concerning
startup, shutdown and malfunction (SSM)
SIP Call applies to 36 states (45 jurisdictions), the
majority of which were named in the original
petition
Deadline for state action to remove provisions from
their rules and make corrective SIP submissions is
November 22, 2016
Litigation from multiple parties filed with DC Circuit
32
Mercury Air Toxics Standard (MATS)
December 21, 2011: EPA final standards issued
June 29, 2015: Supreme Court remands MATS
back to Appeals Court finding that EPA interpreted
the Act unreasonably when it deemed cost
irrelevant to the decision to regulate power plants.
EPA is developing a response that addresses costs.
33
The Clean Power Plan Overview
Relies on a federal-state partnership to reduce carbon pollution from the biggest sources – power plants
EPA identified 3 “Building Blocks” as BSER and calculated performance rates for fossil-fueled EGUs and another for natural gas combined cycle units
Then, EPA translated that information into a state goal –measured in mass and rate – based on each state’s unique mix of power plants in 2012
The states have the ability to develop their own plans for EGUs to achieve either the performance rates directly or the state goals, with guidelines for the development, submittal and implementation of those plans
34
CPP Implementation
EPA has established a national CPP
implementation team
The team includes representatives from EPA
Headquarters Offices (HQ) and all 10 EPA Regions
The Office of Air Quality Planning and Standards
(OAQPS) is the lead for managing CPP
implementation
The Regions are the first point of contact (POC) for
states and will coordinate with HQs to provide assistance to states in an efficient and effective way
National CPP Website with guidance and tools
http://www2.epa.gov/cleanpowerplan
35
CPP: Plan Implementation Timeline36
Submittals Dates
State Plan OR initial submittal with extension
request
September 6, 2016
Progress Update, for states with extensions September 6, 2017
State Plan, for states with extensions September 6, 2018
Milestone (Status) Report July 1, 2021
Interim and Final Goal Periods 1 Reporting
Interim goal performance period (2022-2029) 2
- Interim Step 1 Period (2022-2024) 3 July 1, 2025
- Interim Step 2 Period (2025-2027) 4 July 1, 2028
- Interim Step 3 Period (2028-2029) 5 July 1, 2030
Interim Goal (2022-2029) 6 July 1, 2030
Final Goal (2030) July 1, 2032 and every 2 years beyond
1 State may choose to award early action credits (ERCs) or allowances in 2020-2021, and the EPA may provide matching ERCs or allowances, through the Clean Energy Incentive Program. See section VIII.B of the final rule preamble for more information.2 The performance rates are phased in over the 2022-2029 interim period, which leads to a glide path of reductions that “steps down” over time. States may elect to set their own milestones for Interim Step periods 1, 2, and 3 as long as they meet the interim and final goals articulated in the emission guidelines.3 4 5 State required to compare EGU emission levels with the interim steps set forth in the state’s plan. For 2022-2024, state must demonstrate it has met its interim step 1 period milestone, on average, over the three years of the period. For 2025-2027, state must demonstrate it has met its interim step 2 period milestone, on average, over the three years of the period. For 2028-2029, state must demonstrate it has met its interim step 3 period milestone, on average, over the two years of the period. See section VIII.B of the final rule preamble for more information.6 State required to compare EGU emission levels with the interim goal set forth in the state’s plan. For 2022-2029, state must demonstrate it has met its interim goal, on average, over the eight years of the period.
CPP Implementation
Region 4 contacts:
Overall Coordination – Ken Mitchell
North Carolina Contact – Dave McNeal
South Carolina Contact – Katy Lusky
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Compliance and Enforcement Priorities
NSR/PSD Investigations and Enforcement
Glass – Container and Flat Glass Acid – Sulfuric and Nitric Cement Coal-Fired Utilities
Air Toxics – Cutting Toxic Air Pollution
Leak Detection and Repair Flares Excess Emissions
Energy Extraction – Land-based Natural Gas Extraction and Production
FY 2016 Region 4 intends to sample VOC emissions at condensate tanks at the well-heads
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Making a Visible Difference
in Communities
Enhance coordination across Federal agencies
and with state partners
Improve effectiveness of existing efforts
Improve overall coordination within EPA across
media
Strengthen decisions impacting communities
through science
39
Village Green Monitoring Stations
Park Bench
Durham, NC Library
Installed in June 2013
Purpose: Research and
educational outreach
Air instruments (PM2.5 & Ozone)
Meteorological Instruments
Solar-powered
One minute data uploaded to
publically available website
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Southeast Diesel Collaborative
(SEDC)
SEDC turns 10 years old!!
2015 Annual Meeting on August 18-19th
Diesel Revolution: Creating Sustainable
Neighborhoods One Engine at a Time
100+ attendees
SmartWay workshop on August 17th
2016 Annual Meeting tentatively scheduled
for June
DERA Competitive Grant Competition
CONGRATS to Mecklenburg Co.!
QUESTIONS?