Tribal Class I Implications

Transcription

1 Tribal Class I Implications Jon Frost November 4, 2015

2 Tribal Class I Areas - Agenda Background Class I Areas defined; benefits of designation Redesignation Process Implications of redesignation PSD Analyses AQRV Assessment PSD Increment/SIL Modeling Analysis 1

3 Designation of Lands by Class > Under the Clean Air Act (CAA), all areas of the country initially designated as Class I or Class II > Class I designation given to large national and national memorial parks, one international park, and all national wilderness areas. > All other areas of the country are designated Class II. > Class I areas have additional air quality protection > Air Quality Related Value (AQRV). > Lower significant impact level (SIL) and Prevention of Significant Deterioration (PSD) Increment. 2

4 Redesignation of Tribal Lands > The CAA allows tribes to request redesignation of their lands from Class II to Class I > To date five Indian Tribes have done so > Flathead Indian Reservation (MT) Northern Cheyenne Indian Reservation (MT) Fort Peck Indian Reservation (MT) Spokane Indian Reservation (WA) Forest County Potawatomi Community Reservation (WI) 3

5 The Redesignation Process (1/2) > Per PSD rules, a tribal governing body seeking redesignation can submit a redesignation request to the EPA after having met the following requirements: Consulted nearby States and local government. Held a public hearing. Notified pertinent States, Indian governing bodies, and Federal Land Managers 30 days before public hearing. Provided report of effects of the proposed redesignation available to the public 30 days before public hearing. Effects on health, environmental, economic, social, and energy 4

6 The Redesignation Process (2/2) > After the request to redesignate, the EPA will take the following steps: Issue a notice of proposed rulemaking in the Federal Register. Hold public hearings. Prepare a written response to comments received and resolve any issues raised. Issue a final rule in the Federal Register approving redesignation after all procedural requirements have been met. > The administrator may disapprove the reclassification ONLY upon finding that such reclassification does not meet the procedural requirements 5

7 Class I Designation Implications 6 > If tribes are successful in achieving Class I redesignation, industries in the surrounding areas would be impacted: > New major sources or existing sources that make a major modification would have to comply with PSD increments for a Class I designated area. > Claim: Non-modified existing sources and new minor sources not affected. > But: Once AQRVs are established, emission sources locating in and around the Class I designated areas would be expected to pass an AQRV impacts analysis, or make other arrangements with the tribe.

8 Class I Areas Potential: > Bad River Band of Lake Superior Chippewa near Ashland, WI > Fond du Lac Band of Lake Superior Chippewa near Cloquet, MN (FdL) Redesignated: > Forest County Potawatomi Community (FCPC) 7

9 Fond du Lac Band of Lake Superior Chippewa (FdL) > July Notified EPA of intent to pursue redesignation of the Reservation airshed from Class II to Class I. > Public comment period for Class I redesignation ended November

10 Fond du Lac, continued > Current status > FdL tribe heard from nearly 100 commenters; June 1 response target has come and gone; tribe still working on preparing responses (Alex Jackson no longer with the tribe) > FdL tribal leaders seek > Implementation of Class I increments > Treatment of FdL as a Class I area, including identification of nearby PSD projects > No AQRVs established with the initial redesignation request 9

11 Forest County Potawatomi Community (FCPC) > 1993 Initiated > 1995 EPA proposed redesignation > st WI MOU > April 2008 FCPC received Class I status. > Oct nd WI MOU > May 1, AQRVs final and may be modified every 10 years starting with

12 Class I PSD Analysis > Two components > AQRV > Q/d screening tool > Class I PSD Increment modeling > Class I SIL screening 11

13 FCPC AQRV s > Aquatic Systems and Water Quality Thresholds Sulfur, nitrogen, and mercury deposition: SO 2, NO x, and Hg > Visibility Uniform haze, colored haze, and layered haze: PM 2.5,PM 10, and PM precursors (SO 2, NO x, and H 2 SO 4 ) > Vegetation Ozone: VOC and NO x 12

14 FCPC AQRVs Implementation Q/D (Emissions/Distance) Q = sum of annual SO 2, NO x, PM 10 and H 2 SO 4 emissions in tons based on max 24-hr allowable D = distance to Class I area Q/D < 10 presume no adverse impact i.e., no AQRV analysis Only for sources >50 km Not used for mercury Mercury Screening Project Net Hg Increase <0.5 lb within 50 km Project Net Hg Increase <10 lbs outside 50 km 13

15 Q/d Analysis Orange circle: under 50 km, have to model AQRV Green circle: 500<Q<1000 will satisfy Q/d<10 Blue circle: 1000<Q<2000 will satisfy Q/d<10 Yellow circle: 2000<Q<3000 will satisfy Q/d<10 Q = sum of annual SO 2, NO x, PM 10 and H 2 SO 4 emissions in tons based on max 24-hr allowable 14

16 Class I PSD Increment Modeling Can model Class I SIL to avoid Class I PSD Increment modeling or long distance modeling (CALPUFF) Analysis examines maximum scaled emission rate and approximate equipment size that would pass Class I SIL at certain areas in Minnesota 15

17 Modeling

18 Modeling Analysis Setup (1 of 3) Sources of interest: Industrial natural gas boiler Utility coal boiler Natural gas turbine Diesel generator Natural gas generator Assumptions Class I Significant Impact Level (SIL) only Use shortest averaging period per pollutant Typical equipment exhaust Emission rates scaled All NO x = NO 2 17

19 Class I SIL Pollutant SO 2 PM 10 PM 2.5 NO 2 Averaging Period Class I SIL (µg/m³) Annual 24 Hr 3 Hr Annual 24 hr Annual 24 hr Annual Sources: -PM 2.5 SIL as found in EPA s Guidance for PM2.5 Permit Modeling, May 20, All other pollutant SILs as published in 61 FR July

20 Modeling Analysis Setup (2 of 3) Locations of interest: Over 50 km away: Grand Rapids Hibbing Virginia North Branch Brainerd Duluth 19

21 Modeling Analysis Setup (3 of 3) AERMOD maximum range of 50 km Duluth <50 km Others: One receptor 50 km out in line from center of FdL 20

22 Emission rates that don t result in exceeding Class I SIL (lb/hr) Emission Unit North Grand Brainerd Branch Rapids Virginia Hibbing Duluth Limiting Pollutant NG Boiler PM 2.5 Coal Boiler PM 2.5 NG Turbine NO 2 Diesel Engine PM 2.5 NG Engine NO 2 Equipment heat input associated with emission rates above (MMBtu/hr) Emission Unit North Grand Brainerd Branch Rapids Virginia Hibbing Duluth Limiting Pollutant NG Boiler PM 2.5 Coal Boiler PM 2.5 NG Turbine NO 2 Diesel Engine PM 2.5 NG Engine NO 2 21

23 Conclusion Nearly all of Minnesota will be impacted by FdL Don t expect a similar FCPC timeframe Two ways to get involved Public comment in both Tribe & EPA phases Q/d to avoid AQRV s Class I SIL to avoid Class I PSD Increment or long distance modeling Can approximate size of equipment without exceeding Class I SIL 22

24 Resources Forest County Potawatomi Community Bad River Band of Lake Superior Chippewa Nathan Kilger, Air Quality Specialist Natalene Cummings, FCPC Air Program Manager Fond du Lac Band of Lake Superior Chippewa Joy Wiecks, Air Program Coordinator - joywiecks@fdlrez.com 23

25 Jon Frost Trinity Consultants (651)