U.S. EPA Region 4 Air Quality Update

Transcription

1 U.S. EPA Region 4 Air Quality Update Katy R. Lusky Senior Technical & Policy Advisor Air Analysis and Support Branch/APTMD U.S. Environmental Protection Agency, Region 4 NC Air Quality Forum November 5, 2015

2 2 Today s Topics Regulatory Updates NAAQS Updates: Ozone SO 2 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

3 Air, Pesticides and Toxics Management Division Air, Pesticides & Toxics Management Division Beverly H. Banister, Director Carol L. Kemker, Deputy Director Jeaneanne M. Gettle, Deputy Director Immediate Office Staff Grants and Strategic Planning Office Air Enforcement & Toxics Branch Air Planning & Implementation Branch Air Analysis and Support Branch Chemical Safety & Enforcement Branch Beverly Spagg Scott Davis Gregg Worley Anthony Toney North Air Enforcement and Toxics Section Richard Dubose South Air Enforcement and Toxics Section Todd Russo Air Permitting Section Heather Ceron Air Regulatory Management Section Lynorae Benjamin Air Data and Analysis Section Todd Rinck Communities Support Section Amber Davis Chemical Management and Emergency Planning Section Robert Bookman Lead & Asbestos Section Steve Scofield Pesticides Section Kimberly Bingham

4 4 Last Review Completed (final rule signed) Ozone NAAQS Reviews: Status Update (as of September 2015) Lead Primary NO 2 Primary SO 2 Secondary NO 2 and SO 2 PM CO Mar 2008 Oct 2008 Jan 2010 Jun 2010 Mar 2012 Dec 2012 Aug 2011 Recent or Upcoming Major Milestone(s) 1 Oct 1, Final rule signed January 5, 2015 Proposed rule published in FR April 6, 2015 Comment period closed June 2-3, 2015 CASAC meeting to discuss 2 nd draft ISA and REA Planning document Aug. 13, 2015 CASAC call to discuss letters on 2 nd draft ISA and REA Planning Document Fall st draft ISA Fall 2015 Draft IRP Dec 2015 Draft IRP TBD 3 Additional information regarding current and previous NAAQS reviews is available at: 1 IRP Integrated Review Plan; ISA Integrated Science Assessment; REA Risk and Exposure Assessment; PA Policy Assessment 2 Indicates court-ordered deadline 3 TBD = to be determined

5 5 Ozone 2015 Final Ozone Standards Primary: 70 ppb Secondary: 70 ppb 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.

6 6 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 Focused on new studies that have become available since 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.

7 7 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.

8 8 Primary Standard, cont. 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%.

9 9 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.

10 10 Air Quality Index

11 11 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).

12 12 Ozone Monitoring Seasons Effective January 1, / NH RI MA CT NJ DE MD DC Season Change No Change

13 13 Ozone Designations and Implementation: Tentative Timeline Designation Schedule State and Tribe Recommendations Schedule Within 1 year after NAAQS promulgation Tentative Date October 1, 2016 EPA responds to state and tribal recommendations Final Designation Implementation Schedule Infrastructure SIP Attainment Plans Due Within 2 years after NAAQS promulgation (Administrator has discretion to extend the deadline by one year to collect sufficient information.) Within 3 years after NAAQS promulgation Within months after designations depending on classification June 1, 2017 October 1, 2017 Effective date may vary. (Air quality data years: ) October 2018 October Attainment Schedule by Classification Classification Marginal Moderate Serious Severe Extreme Schedule* 3 years to attain 6 years to attain 9 years to attain 15 to 17 years to attain 20 years to attain *Areas must attain as expeditiously as practical, but not later than the schedule in the table. Two oneyear extensions are available in certain circumstances based on air quality.

14 Sulfur Dioxide (SO 2 ) NAAQS Implementation EPA revised primary SO 2 standard on June 3, 2010 (75 ppb/1-hour) Attainment plans for 29 areas currently designated nonattainment were due April 4, Areas in Region 4 none in NC Sullivan Co., TN Hillsborough, FL Nassau, FL Campbell Co., KY Jefferson Co., KY

15 SO 2 NAAQS Designations Consent decree entered on March 2, 2015, by U.S. District Court for Northern California triggered the following deadlines: July 2, 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, 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, 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

16 SO 2 Designations Due on July 2, 2016 Under Consent Decree Initial group of designations include: Areas with violation of the 2010 SO 2 NAAQS (based on data) Preliminarily (based on final data): Chatham County, Georgia Hawaii County, Hawaii Iron County, Missouri Williams County, North Dakota Brown County, Wisconsin Carbon County, Wyoming

17 SO 2 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 SO 2 emitted in 2012 with an average emission rate of at least 0.45 pounds of SO 2 per mmbtu Yields 68 sources in 24 states

18 18 Region 4 Sources* Subject to July 2, 2016, Deadline for CD R4 State County Facility Name GA Monroe Robert W Scherer Power Plant (Plant Scherer) KY Ohio Pulaski D B Wilson Generating Station 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 IN Posey Jefferson A B Brown Generating Station Clifty Creek Power Plant OH Clermont W H Zimmer Generating Station * Source in AL previously included but AL able to provide proof that source should not be subject to July 2, 2016 round of designations.

19 19 Schedule for Completing 2010 SO 2 NAAQS Designations Due on July 2, 2016 Milestone Date Court Order March 2, 2015 Impacted states may submit updated recommendations and supporting information for area designations to the EPA The EPA notifies impacted states concerning any intended modifications to their recommendations (120-day letters) End of 30-day public comment period Impacted states provide additional information to demonstrate why an EPA modification is inappropriate The EPA promulgates final SO 2 area designations (no later than 16 months from Court Order) No later than September 18, 2015 On or about January 22, 2016, but absolutely no later than 120 days prior to final designations (March 2, 2016) On or about March 4, 2016 On or about April 8, 2016 No later than July 2, 2016

20 20 SO 2 NAAQS Data Requirements Rule Final Data Requirements Rule - issued on August 10, 2015 Establishes requirements to monitor or model ambient SO 2 levels in areas with largest sources of SO 2 emissions At a minimum, must characterize air quality around sources that emit 2,000 tons per year (tpy) or more of SO 2 or adopt enforceable emission limits that ensure that the source will not emit more than 2,000 tpy of SO 2 Final rule establishes a schedule for air agencies to characterize air quality and to provide that air quality data to the EPA

21 21 SO 2 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

22 22 SO 2 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

23 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)

24 Boiler MACT Update Final Rule March 21, 2011 Final Amendments January 31, 2013 Compliance Date January 31, 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

25 RICE MACT Update Final Rule amendments January 30, 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 (f)()2)(ii)-(iii) only (ii) (iii) Emergency Demand Response 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 (f)(4)(ii) 50 hour/year exemption to supply power as part of a financial arrangement.

26 26 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

27 27 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 )

28 28 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 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

29 29 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

30 30 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

31 31 Status of Transport Rule Efforts EPA began implementation of this rule on January 1, It addresses interstate transport obligations for the 1997 ozone, 1997 PM 2.5 and 2006 PM 2.5 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

32 32 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

33 33 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.

34 34 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

35 35 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

36 36 CPP: Plan Implementation Timeline Submittals Dates State Plan OR initial submittal with extension September 6, 2016 request 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 Interim goal performance period ( ) 2 Reporting - Interim Step 1 Period ( ) 3 July 1, Interim Step 2 Period ( ) 4 July 1, Interim Step 3 Period ( ) 5 July 1, 2030 Interim Goal ( ) 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 , 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 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 State required to compare EGU emission levels with the interim steps set forth in the state s plan. For , state must demonstrate it has met its interim step 1 period milestone, on average, over the three years of the period. For , state must demonstrate it has met its interim step 2 period milestone, on average, over the three years of the period. For , 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 , state must demonstrate it has met its interim goal, on average, over the eight years of the period.

37 37 CPP Implementation Region 4 contacts: Overall Coordination Ken Mitchell mitchell.ken@epa.gov North Carolina Contact Dave McNeal mcneal.dave@epa.gov South Carolina Contact Katy Lusky lusky.kathleen@epa.gov

38 38 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

39 39 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

40 40 Village Green Monitoring Stations Park Bench Durham, NC Library Installed in June 2013 Purpose: Research and educational outreach Air instruments (PM 2.5 & Ozone) Meteorological Instruments Solar-powered One minute data uploaded to publically available website

41 Southeast Diesel Collaborative (SEDC) SEDC turns 10 years old!! 2015 Annual Meeting on August th Diesel Revolution: Creating Sustainable Neighborhoods One Engine at a Time 100+ attendees SmartWay workshop on August 17 th 2016 Annual Meeting tentatively scheduled for June DERA Competitive Grant Competition CONGRATS to Mecklenburg Co.!

42 QUESTIONS?