Transcript Berrylishious design template

Clean Air Update
GA AWMA
REGULATORY UPDATE CONFERENCE
Tuesday, April 16, 2013
Beverly Banister
Air, Pesticides, and Toxics Management Division
U.S. Environmental Protection Agency
Atlanta, Georgia
EPA Clean Air Update
 Air Quality Trends
 NAAQS Update and Implementation
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
NAAQS Review Schedule
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Ozone NAAQS Update
2010 SO2 NAAQS Designations and Implementation
2012 PM 2.5 NAAQS Implementation
DC Circuit Ruling on Implementing PM2.5 NAAQS
Regulatory Updates
 Mercury Air Toxics Standards
 Interstate Transport Update
 Startup Shutdown and Malfunction
 Tier 3
 Climate Change Activities
 GHG Permitting
Air Quality Trends
National Progress on PM2.5
Cumulative % Reduction in
Population-weighted PM2.5 Concentrations
2003
0%
2004
1%
2005
2006
2%
2%
3-Year Averaging Period
2007
2008
2009
3%
3%
5%
7%
5%
10%
4%
5%
2010
2011
2012
2013
6%
8%
13%
15%
15%
17%
16%
20%
20%
Actual
Target
25%
23%
Southeast Progress on PM2.5
Southeast Daily and Annual PM2.5 Design Values 2001-2011
50
45
40
Daily NAAQS:
35 μg/m3
PM2.5 Design Value (μg/m 3 )
35
30
25
20
15
10
Annual NAAQS:
12 μg/m3
5
0
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Average design value and 5th and 95th percentiles of all monitors with a valid design value (117 monitors in 2011)
National Progress on Ozone
Cumulative % Reduction in
Population-weighted Ozone Concentrations
2003
0%
2004
2005
2006
3-Year Averaging Period
2007
2008
2009
2010
2011
2012
2013
2%
3%
3%
5%
5%
6%
7%
6%
6%
8%
10%
9%
10%
11%
12%
Actual
Target
15%
13%
12%
15%
15%
6
Southeast Progress on Ozone
Southeast Ozone Design Values 2000 - 2011
0.12
0.115
0.11
0.105
0.1
Daily Maximum 8-hr Ozone (ppm)
0.095
0.09
0.085
2008 NAAQS:
0.075 ppm
0.08
0.075
0.07
0.065
0.06
0.055
0.05
0.045
0.04
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Average design value and 5th and 95th percentiles of all monitors with a valid design value (205 monitors in 2011)
2011
NAAQS Review Schedule
POLLUTANT
MILESTONE
Ozone
Lead
NO2
Primary
SO2
Primary
NO2/SO2
Secondary
CO
PM
NPR
2013
Jan 2014
Feb 2016
Feb 2017
May 2017
Summer
2017
TBD
NFR
2014
Oct
2014
Nov 2016
Nov 2017
Feb 2018
Spring 2018
TBD
For more information see: http://epa.gov/ttn/naaqs/
*PM Final Rulemaking December 14, 2012
Ozone NAAQS Update
 2008 Ozone NAAQS Implementation Rule
 Rule and guidance addressing SIP Requirements
Rule
 2014 Ozone NAAQS Review:
 Integrated Science Assessment – Released
February 15, 2013
 Risk and Exposure Assessment and Policy
Assessment – second draft due May/June 2013
 Propose - December 2013
 Final - September 2014
2010 SO2 NAAQS Designations
and Implementation
 6/3/10– EPA promulgated revised SO2 NAAQS of 75 parts
per million.
 8/27/12– EPA announced it would use discretionary year to
completed designations in June 2013 versus June 2012.
 2/7/13 - Issued 120-day letters to states for 30 areas with
violating monitors
 Also issued strategy paper on next steps for designations
in other parts of the country
 Strategy paper and additional information is located at :
http://www.epa.gov/airquality/sulfurdioxide/implement.html
Region 4 Proposed Sulfur Dioxide
Nonattainment Areas
Campbell County, KY
Jefferson County, KY
Sullivan County, TN
Nassau County, FL
Hillsborough County, FL
Legend
Proposed NAA for the 2010 SO2 NAAQS (partial counties)
Region 4 State Boundary
Portion of the information presented herein is
considered PRELIMINARY. These projections are
based on preliminary 2010-2012 design values.
A county with a design value greater than 0.075
ppm is considered violating the 2010 Sulfur
Dioxide NAAQS.EPA does not warrant the
accuracy or completeness of the information
shown. The information herein is subject to
revision and is not in final form. EPA shall not
be liable for any detrimental reliance upon the
information shown.
2012 PM2.5 NAAQS
Implementation
 EPA strengthened the annual primary PM2.5 NAAQS to 12
μg/m3 from the previous level of 15 μg/m3 on December
14, 2012
 Published in Federal Register on January 15, 2013
 EPA aims to complete initial designations of nonattainment
areas by the end of 2014
 Designations will likely become effective in early 2015
 EPA is developing an implementation rule through notice –
and-comment rulemaking
 Current schedule aims to issue final rule around the
time of initial designations (e.g., December 2014)
D.C. Circuit Ruling on
Implementing PM2.5 NAAQS
 On January 4, 2013, the D.C. Circuit Court ruled that EPA
erred in implementing the 1997 PM2.5 NAAQS under the
general Clean Air Act (CAA) requirements for nonattainment
areas (“Subpart 1”) rather than the Act’s PM-specific
requirements (“Subpart 4”)
 NRDC et al. v. EPA, D.C. Cir., No. 08-1250, 1/4/13
 The Court remanded the 2007 PM2.5 NAAQS
Implementation Rule
 On January 22, 2013, the Court remanded the 2008 New
Source Review (NSR)/Prevention of Significant
Deterioration (PSD) Rule back to the Agency, but did not
set a deadline for further action
Mercury Air Toxics Standard
(MATS)
 December 21, 2011 - EPA announced final standards to limit mercury, acid gases
and other toxic pollution from new and existing electric generating units
 Applies to units that are >25 MW that burn coal or oil for the purpose of
generating electricity for sale and distribution through the national electric
grid to the public
 Existing sources generally will have up to 4 years
if they need it to comply with MATS
 EPA also providing a pathway for reliability
critical units to obtain a schedule with up to
an additional year to achieve compliance
 MATS will save thousands of lives and prevent
more than 100K heart and asthma attacks
each year while providing important health
protections to the most vulnerable such as children
 The value of the air quality improvements for human health alone totals $37 billion
to $90 billion each year
 November 16, 2012 - EPA proposed to update MATS emission limits for new power
plants. EPA issued a final reconsideration on March 28, 2013.
http://www.epa.gov/mats/ and http://ferc.gov/media/news-releases/2012/2012-2/05-17-12-E-5.asp
Interstate Transport
Requirements
 The “good neighbor provision” (section 110(a)(2)(D)(i)) of
the CAA requires submittal of interstate transport SIPs in
the same 3-year timeframe as infrastructure SIP submittals
 SIPs must contain provisions prohibiting emissions that
contribute significantly to downwind nonattainment
with (or interfere with maintenance of) a NAAQS by any
other state
 Section 110(a)(2)(D)(i)(II) also contains provisions
prohibiting downwind interference with PSD or
visibility requirements
 Interstate transport requirements apply for all NAAQS
in all states
CSAPR Decision:
Homer City Generation v. EPA
 The Cross-State Air Pollution Rule (CSAPR) is the
most recent example of EPA’s efforts to implement
the “good neighbor provision”
 CSAPR aimed to reduce the harmful power plant
emissions reaching Americans in downwind states,
thereby protecting public health
 CSAPR vacated by the D.C. Circuit Court of Appeals
on August 2012
 The prior transport rule addressing this issue, the
2005 Clean Air Interstate Rule (CAIR) remains in
place
Interstate Transport Update
 Status of litigation:
 March 29, 2013 - The U.S. Solicitor General has
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petitioned the Supreme Court to review the D.C.
Circuit Court’s decision on CSAPR. CAIR remains in
place. As the case proceeds, EPA will continue working
with states on next steps to address the interstate
transport of pollution.
EPA and states are still responsible for addressing
transport
Even as we consider legal options it is prudent to begin
moving ahead to meet these obligations expeditiously
EPA is working with states in the coming months on a path
forward to address interstate transport
EPA remains committed to working with states and with
industry and environmental stakeholders to address
pollution transport issues required by the CAA
Startup, Shutdown and
Malfunction Rulemaking
 6/30/11– Sierra Club filed petition with Administrator
regarding SSM provisions in SIPs.
 Nationally - 39 states & 7 locals noted in the petition

Region 4 - all 8 Region 4 states & 4 locals
 Raised a number of issues related to exemptions to
enforcement &/or compliance for excess emissions that
occur during periods of SSM
 9/30/11– EPA entered into settlement agreement to respond
to the petition.
 2/12/13 - Proposed rule signed in response for a SIP call
that addressed 36 states
 8/27/13 – Deadline for EPA action on proposed SIP call
Tier 3
 Sets standards for light-duty vehicle emissions and
the sulfur content of gasoline.
 Is among the most highly cost-effective air quality
control measures available.
 Will provide immediate emissions reductions that are
critically important for states to attain and maintain
the existing ozone NAAQS.
 Timeline:
 Proposed March 29, 2013
 Finalized end of 2013
Climate Change Activities
 Proposed NSPS for new electricity generation
facilities
 Output‐based standard of 1,000 pounds of CO2
per megawatt‐hour (lb CO2/MWh gross)
 Final Mobile Source Emission and CAFE Standards
 Extends passenger vehicle program
to model year 2017 through 2025
 Average163 grams CO2 per mile,
54.5 mpg in model year 2025
 Renewable Fuels Standard
 EPA continues to work towards the goal of 36
billion gallons of renewable fuel by 2022
 2012 Climate Change Indicators Report
 EPA has compiled an updated set of 26
indicators tracking signs of climate change

Final Step 3 Tailoring Rule
 Retains the GHG permitting thresholds that
were established in Steps 1 and 2 of the GHG
Tailoring Rule
www.epa.gov/climatechange
Greenhouse Gas
Reporting Program
Highlights for 2011
(Data released 2/5/13)
•
Power plants are the largest stationary
source emitter at 2,221 MMT CO2e
(about 1/3 of total U.S. emissions)
•
Petroleum and natural gas systems were
the second largest sector, with emissions
of 225 mmtCO2e in 2011, the first year
of reporting for this group
•
Refineries were the third-largest emitting
source, with 182 mmtCO2e, a half of a
percent increase over 2010.
Permitting Timeline Under the Tailoring
Rule
2011
2012
2013
2014
2015
2016
Step 1: Source already
subject to PSD “anyway”
(tpy CO2e)
New source: N/A
Modification: 75,000
Step 2: All Stationary
Sources (tpy CO2e)
New source: 100,000
Modification: 75,000
July 1, 2011 new
thresholds subject
to regulation began
Step 3 Rule was issued
July 3, 2012.
Proposed no changes to
thresholds.
Step 3: Implementation
of potential additional
phase-in and
streamlining options
Study Complete
5-year study: To examine
GHG permitting for
smaller sources
Implementation
of 5-year Study
GHG Permitting Activity
 Permitting Activities
 Nationally: 14 EPA-issued GHG PSD permits to date; about 73
PSD GHG permits issued total (EPA and state/local
permitting)
 Region 4: Issuing GHG PSD permits in Florida; Region 4
continues to review all GHG PSD permits for other Region 4
state/local permitting authorities
 Status of Biomass Deferral
 Issued July 1, 2011 and still in effect until July 20, 2014
 EPA continues to work on framework for biogenic CO2
accounting
 Status of GHG NSPS
 Proposed April 13, 2012;
 EPA received over 2 million comments on proposed rule
(14,800+ individual submittals)
Questions?
GA AWMA
REGULATORY UPDATE CONFERENCE
Tuesday, April 16, 2013
Beverly Banister
U.S. EPA,
Atlanta, GA 404-562-9077
www.epa.gov/air