NSR Update/Permit Streamlining

Transcription

1 NSR Update/Permit Streamlining Dan deroeck, New Source Review Group Air Quality Policy Division, U.S. EPA R/S/L Modelers Workshop September 25-26, 2017

2 2 NSR Update Draft PM2.5/Ozone SILs Guidance Overview Proposed 2015 Ozone NAAQS SIP Requirements Rule Permit Streamlining Presidential Memo on Permit Streamlining EO (Reducing Regulatory and Controlling Regulatory Costs) EO (Enforcing the Regulatory Reform Agenda)

3 3 Draft PM2.5/Ozone SILs Guidance Development of revised PM2.5 SILs and new ozone SILS The guidance is comprised of a policy memorandum, a technical document and legal support document. The policy memorandum: Summarizes the history of SILs and reiterates the longstanding use of SILs; Discusses the recommended uses for SILs and the discretion permitting authorities have in using SILs; Explains how the technical information and legal considerations are brought together for a defensible framework for SILs; and Recommends SIL values for ozone NAAQS, PM 2.5 NAAQS, and PM 2.5 PSD increments. The technical and legal documents are intended to support the SILs. All three are intended to be referenced and included in any permit record where the recommended SILs are used by a permitting authority.

4 4 Draft PM2.5/Ozone SILs Guidance An informal 60-day public comment period was held late summer sets of comments received. Permitting authorities/industry groups generally are supportive of SILs; Environmental groups generally do not support SILs; and Some permitting authorities and industry wanted rulemaking to be considered. Pending OMB review of revised package. The guidance is not a final agency action and is not binding for industry, permitting authorities, or the public. Final signature date: TBD.

5 5 PM2.5/Ozone SILs Draft Guidance Values NAAQS, NAAQS SILs Concentrations Ozone PM 2.5 Annual PM hour NAAQS 70 ppb 12 µg/m 3 or 15 µg/m 3 35 µg/m rule NAAQS SILs µg/m µg/m 3 Recommended NAAQS SILs 1.0 ppb 0.2 µg/m 3** 1.2 µg/m 3 **To maintain coordination with significance values remaining in the 2010 rule (51.165(b)(2)), this guidance recommends the most conservative NAAQS SIL values of the statistical analysis and the 2010 rule collectively. The permitting authority has discretion to interpret an annual impact between 0.2 µg/m 3 and 0.3 µg/m 3 as significant.

6 6 Proposed 2015 Ozone NAAQS SIP Requirements Rule Proposed rule to update, where necessary, the existing ozone NAAQS implementation regulations. NNSR: Affects 40 CFR NNSR Regulations and Appendix S Re-proposal of Inter-precursor Trading (IPT) provision Responds to Petition for Reconsideration (2008 Ozone SIP Requirements Rule) EPA Draft IPT Technical Guidance Document provided in Docket to Rule Anti-backsliding provisions (for proposed revocation of 2008 Ozone NAAQS)

7 7 Permit Streamlining Review of directly applicable Presidential Actions Presidential Memo on Permit Streamlining EO (Reducing Regulatory and Controlling Regulatory Costs) EO (Enforcing the Regulatory Reform Agenda)

8 8 Presidential Memorandum on Permit Streamlining Signed on January 24, 2017, this presidential memorandum is titled, Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing. Department of Commerce is in the lead and provided an opportunity for public comment on ways to achieve the goals of the memorandum. The comment period closed on March 31, Approximately 170 commenters submitted comments. Comments available at: EPA, through the Office of Policy is coordinated internally and with the Dept. of Commerce. The next step is for the Dept. of Commerce to submit a report to the President setting forth a plan to streamline Federal permitting processes for domestic manufacturing and to reduce regulatory burdens affecting domestic manufacturers. Final report not yet issued.

9 9 Department of Commerce Study Comments Most of the comments that relate to the CAA focused on the NSR and title V programs. Commenters also provided comments on other CAA programs such as NAAQS, NSPS, and NESHAP. Identified 192 unique air permitting comments, most of which fell into the following categories: o NSR Permit Processing o NSR Applicability o Control Technology o Modeling/Air Quality Impacts o Emissions Offsets o Collaborative Federalism o Title V Permit Processing

10 10 Executive Order Signed on January 30, 2017, this order is titled, Reducing Regulation and Controlling Regulatory Costs. Also referred to as the 2 for 1 EO. EPA s OP is working with OMB on EPA-related coordination. OMB has issued government-wide guidance: Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled Reducing Regulation and Controlling Regulatory Costs, Feb 2, 2017 Guidance Implementing Executive Order 13771, titled Reducing Regulation and Controlling Regulatory Costs, Apr 5, 2017

11 11 Executive Order Signed on February 24, 2017, this order is titled, Enforcing the Regulatory Reform Agenda. Establishes a Regulatory Reform Task Force in each agency. Samantha Dravis (AA for OP) is lead of EPA s Task Force. Task Force will make recommendations for existing regulations regarding their repeal, replacement, or modification with the applicable law. EPA published a FR Notice on the Evaluation of Existing Regulations to collect information from stakeholders on April 11, Written comments were due to Docket # EPA-HQ-OA by May 15, OAR has a website to support this effort:

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