Designations And Implementation Issues for the 8-Hour Ozone and PM2.5 Standards

Transcription

1 Designations And Implementation Issues for the 8-Hour Ozone and PM2.5 Standards June 3, 2003 Office of Air Quality Planning and Standards U.S. Environmental Protection Agency Update:

2 Tuesday June 3, :00-4:30 Designations and Implementation Rule (8-hour & PM2.5) Presentation leaders: Lydia Wegman, Tom Helms, Joe Paisie Purpose/Outcome: Updates and discussions about designations process and the proposed implementation rule. Each office/region leaves meeting with a good understanding of their roles/responsibilities and the process for 8-hour and PM2.5 designations and implementation efforts.

3 Today s Overview PM and Ozone NAAQS and air quality data for ozone and PM 2.5 Integration of PM and ozone nonattainment Timing of future actions EPA s ozone rule proposal Nonattainment designation issues and timing Early actions for clean air O 3 EACs and PM efforts

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5 Looking at counties Counties With Violating Monitors for 8-Hour Ozone and PM2.5 Standards (based on data) PM2.5 Only Ozone Only Both 16,413,096 (60 counties) 62,123,154 (222 counties) 48,772,716 (69 counties)

6 Looking at areas Metropolitan Areas With Violating Monitors for 8-Hour Ozone and PM2.5 Standards (based on data) PM2.5 Only Ozone Only Both 4,539,309 (30 Metro Areas) 45,751,607 (92 Metro Areas) 107,654,148 (53 Metro Areas) Note-This does not represent designations or EPA recommendations. Designations, when promulgated, will be based on the most recent 3-years of air quality data.

7 Common PM and Ozone Metropolitan Problem Areas Include. Los Angeles San Diego Fresno Chicago St. Louis Detroit Nashville Knoxville Memphis New York Philadelphia- Wilmington Cleveland Pittsburgh Cincinnati Washington-Baltimore Charlotte Atlanta Birmingham

8 What about the common formation pathways for PM and ozone.

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14 Overview of upcoming PM and ozone actions timing

15 Timelines for 8-Hour Ozone and PM2.5 Implementation Programs Action EPA proposes implementation rule States/Tribes recommend designations EPA responds with letters describing intended modifications EPA finalizes implementation rule EPA finalizes designations State plans due Attainment dates Ozone June 2003 July 2003 Oct Dec April 2004 April PM2.5 Fall 2003 Feb July 2004 Fall 2004 Dec Dec. 2007* * Regional haze SIPs will be due at the same time that PM2.5 SIPs are due.

16 A quick review of EPA s June 2, 2003 eight-hour ozone rule proposal

17 8-hour ozone implementation rule proposal 8-hr proposal topics for discussion Measures required and timing for attainment Subpart 1 vs subpart 2 account for Supreme Court ruling Two proposals for comment Transition 1-hour to the 8-hour O 3 NAAQS Anti-backsliding provisions Long-range transport

18 What are the Clean Air Act subparts 1 and 2??? - General provisions I

19 Title I, Part D has Subparts 1 and 2 dealing with ozone Why is the subpart 1 vs 2 issue important for ozone nonattainment planning Subpart 1 more flexible, minimal mandated controls Subpart 2 proscriptive Section 181 of Subpart 2. classifications and varying attainment dates

20 Different requirements under subpart 1 compared to subpart 2 need to address Supreme Court ruling Subpart 1 (general provisions) Attainment demonstration Reasonably available control measures (RACM) Reasonably available control technology (RACT) Reasonable further progress (RFP) New source review (NSR) requirements Conformity Subpart 2 (specific provisions) Attainment demonstration I/M program Reformulated gas for some areas Specific reasonably available control technology for VOC and NOx RFP (3% per year) Specific NSR source size thresholds and offset ratios Conformity

21 2 options proposed ozone EPA favors the 2 nd Reconciling Subparts 1 and 2 Option 1 All areas are under Subpart 2 Classify 8-hour nonattainment areas based on 8- hour design values In general, areas classified under subpart 2 would need to meet subpart 2 requirements and would have different max. attainment dates consistent with subpart 2 provisions, i.e., 2007, 2010, 2013, 2019.

22 2 options proposed ozone EPA favors the 2 nd Reconciling Subparts 1 and 2 Option 1 All areas are under Subpart 2 Classify 8-hour nonattainment areas based on 8-hour design values In general, areas classified under subpart 2 would need to meet subpart 2 requirements and would have different max. attainment dates consistent with subpart 2 provisions, i.e., 2007, 2010, 2013, Option 2 Separate areas based on whether they meet the 1-hour standard Regulate areas generally meeting the 1-hour standard under Subpart 1 (max attainment dates 5 or 10 years after designation) Regulate areas generally exceeding the 1-hour standard under Subpart 2 Incentive Feature also proposed

23 Proposed O3 rule meets court mandate by dividing violating areas.

24 Proposed O3 rule meets court mandate by dividing violating areas.

25 O3 proposal creates a new Table 1 to classify NA areas and provide attainment dates **For 8-hr ozone standard, EPA proposing to interpret the maximum period for attainment starting from date of designation.

26 For O3 NA areas designated under Subpart 1 For Subpart 1 areas for both ozone & PM 2.5 Planning to propose no classification scheme based on design value, plus Possible transport classification for an area that is Affected by overwhelming transport, and Not within or adjacent to a metro area

27 When to drop the 1-hr ozone NAAQS What happens to the 1-hour standard as we implement the 8-hour standard? EPA revoked the 1-hour standard for many areas that met the standard several years ago Court decision subsequently placed implementation of the 8-hour standard in limbo EPA reinstated the 1-hour standard in all areas and limited its revocation authority until there was more certainty regarding the 8-hour standard We are proposing new approaches in this rule

28 When to drop the 1-hr ozone NAAQS When should we revoke the 1- hour standard? Proposing 2 mechanisms For both mechanisms, EPA is proposing that the revocation of the 1-hour standard would occur 1 year following designations for the 8-hour NAAQS. Option 1: Complete revocation of the 1-hour standard. Option 2: Partial revocation of 1-hour standard. Both mechanisms designed to ensure continued applicability of 1-hr subpart 2 requirements and ensure continued air quality improvement during the shifting to implementation of the 8-hour ozone standard.

29 Anti-backsliding from 1-hr ozone requirements Proposal designed to ensure areas continue to implement measures in their 1-hour plans CAA has several provisions limiting States ability to drop measures in their approved plans For example, Los Angeles would have to continue implementing extreme area requirements, such as higher offset ratios for NSR

30 Anti-backsliding from 1-hr ozone requirements Anti-backsliding proposal 2 options proposed concerning the length of time subpart 2 measures (e.g., RFP, I/M, RFG) need to be in place after 1-hour standard revoked: Option 1: until an area achieves the level of 1-hour standard; or Option 2: until an area attains the 8-hour standard. After this time, subpart 2 measures could not be dropped but could be recast as contingency measures Proposal would retain requirements under NOx SIP call Other provisions in SIP would remain but could be revised

31 Ozone Long-Range Transport Proposal recognizes transport of ozone & precursors can make it difficult or impossible for some States and Tribes to attain the standard. Proposal recognizes merit of Clear Skies Act Proposal says the Agency has not made a determination that additional reductions are warranted under the transport provisions of the CAA. Proposal notes that in order to evaluate this issue, the Agency intends to investigate ozone transport that will exist after existing NOx transport rules are implemented in 2004.

32 What else is in the June 2 nd proposal?.. O 3 Proposal also addresses Attainment dates Mandatory controls Other ozone transport issues Modeling & attainment demonstrations Reasonable further progress requirements Reasonably available control measures/technology Conformity Optimizing controls for ozone and PM New Source Review Tribal issues Early reduction programs (some of these are only discussed, with no proposed rule)

33 Next, a quick look at the development of the PM2.5 rule proposal.

34 PM2.5 Implementation Rule Overall Approach Rule proposal planned for the end of 2003 Based on more general requirements of Subpart 1 Encourage early reductions to address serious health effects - no threshold Simultaneous reductions under Federal and State/local programs

35 PM2.5 Implementation Rule Discussions held with States and Tribes on core issues Major issue: consistent treatment of PM2.5 precursors (SO2, NOx, VOC, ammonia) in PM2.5 implementation, NSR, and conformity programs

36 Makeup of PM 2.5 Implementation Rule Technical overview Classifications Attainment dates Reasonably available control technology Reasonably available control measures Reasonable further progress Contingency measures Modeling and attainment demos Addressing transported emissions New source review Transportation conformity General conformity Emission inventories Innovative strategies guidance PM2.5 test methods Tribal issues Executive orders

37 Moving on to nonattainment designations and the process

38 Definition of a Nonattainment Area Sec. 107(d)(1)(A)(I) Designations any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.

39 Nonattainment Designation- What Does It Mean? State Implementation Plans (SIPs) due in 2007 Certain mandated controls required if you re classified under Subpart 2 for ozone New Source Review requirements for the area Transportation and General Conformity Clean air by an area s attainment date

40 What guidance has EPA issued.. EPA s Designation Guidance 3/28/00 Seitz memo Boundary Guidance on Air Quality Designations for the 8-hour Ozone NAAQS (technical factors) 7/18/00 Seitz memo - Guidance on 8-Hour Ozone Designations For Indian Tribes (technical factors) 2/27/03 Holmstead memo - Extension for States and Tribes to Submit Recommendations etc (date to send recommendations) 4/1/03 Holmstead memo Designations for the Fine Particle National Ambient Air Quality Standards (technical factors and date to send recommendations) Technical information:

41 EPA s Guidance factors to consider for designations PM and Ozone Similar Designation Factors Presumption entire consolidated metropolitan area if monitored violation in any county Air quality in area, adjacent areas, and region Emissions/sources in area and nearby areas location, size, level & degree of control check for contribution to a violating area or violating rural county downwind Population and urbanization expected growth (rate/pattern/extent), commuting patterns, vehicle miles traveled

42 EPA s Guidance on Designations Similar Technical Factors con t Meteorology weather & transport pattern Geography/topography mountains or other air basin boundaries Ozone Season Jurisdictional boundaries Regional emission reductions (ozone) Also useful--air quality modeling, data interpolation techniques, back trajectory & source apportionment analyses EPA consistency across Regions is CRITICAL!

43 Let s look at. Tribes and Designations EPA establishes air quality designations for areas throughout the US, including Indian country States don t have jurisdiction in Indian country, but need to include tribal emissions in inventories Tribes can manage their own Clean Air Act programs Any tribe can participate in the designation process and make a recommendation to EPA

44 Tribes and Designations con t Unique issues for tribes Not required to make recommendations Not required to meet schedules; however, EPA must meet schedules Federal executive orders require EPA to consult with tribal leaders before designations are finalized Opportunities for tribes to participate in the designations process: conference calls, national meetings, Tribal Designations Work Group EPA offers to consult with interested tribes

45 Concerns that could arise during the designation process Issues that must be addressed during the upcoming designation process. Apparent regional inconsistencies with boundaries Designation of minimal sized areas to avoid conformity and NSR CMSA debates Creation of donut holes in larger NA areas. Reluctance to designate areas that contribute but don t themselves violate Difficulties designating rural areas that measure violations due to ozone transport

46 Concerns that could arise during the designation process more Issues that must be addressed during the upcoming designation process. Desires to split NA areas into smaller ones and thus avoid Subpart 2. and less requirements reluctance to attach adjacent, violating counties to a CMSA Requests for designation deferrals or lower classifications with little or no technical justification Requests for special considerations Tribal concerns over the cause of a violation and where do they get NSR offsets???

47 What air quality data will be used for final designations and classifications The role of 2003 air quality data State should make their ozone recommendations this July use most current AQ data States encouraged to update with 2003 data ASAP EPA will track this Summer s (and year s) data and use for ozone governor s letters this October and next year s PM letters Critical design values key for fast ozone evaluations

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49 Critical Design Value table for determining 8-hr ozone nonattainment 8-hr ozone NAAQS exceeding 85 ppb (avg 4 th max over a 3-yr period) is a violation.

50 Dade Co, GA Not Included y p January 2003 Washington Co, MD (Washington CMSA) Denver, CO Martinsburg, WV (Washington CMSA) Winchester, VA (Frederick Co, Adjacent to Wash) Roanoke, VA Farmington, NM Tulsa, OK Haywood Co, TN Putnam Co Johnson City, TN Hickory, NC (Cookeville), TN Nashville, TN Knoxville, TN Chattanooga, TN-GA Asheville, NC Greensboro, NC Charlotte (Catawba), SC (NC Counties Not Included) Fayetteville, NC Florence, SC Columbia, SC Oklahoma, OK Memphis, TN-AR-MS Lawrence Co, TN Adjacent to Florence AL Greenville, SC Anderson, SC Augusta-Aiken,GA-SC - Sumter, SC Myrtle Beach, SC Charleston, SC Beaufort, SC Longview-Tyler, TX Shreveport, LA Austin, TX EAC Area County in C/MSA But Not in EAC San Antonio, TX Denver, CO and Tulsa, OK - A portion of some of the counties are excluded from the EAC Status of Ozone early action compacts (EACs) and early PM reduction efforts

51 8-hour Ozone Early Action Compact Program Early Action Compact a voluntary program to encourage local communities to take early action to reduce ozone levels for the 8-hr ozone standard Purpose to achieve cleaner air faster than CAA requires early SIP, early implementation Compacts for 35 areas covering EPA Regions 3, 4, 6 & 8 were signed by 12/31/02 Next EAC milestone - June 16, candidate list & description of local control measures

52 8-hour Early Action Compacts 35 Areas Abbeville-Greenwood area, SC Asheville area, NC (Western NC) Aiken area, SC Augusta area, SC Austin-San Marcos area,tx Beaufort area, SC Charleston area, SC Chattanooga area, TN Columbia area, SC Denver area, CO Fayetteville area, NC Florence area, SC Greensboro-Winston Salem-High Point, NC Greenville-Spartanburg-Anderson, SC Haywood County, TN (near Memphis) Hickory-Morganton-Lenoir, NC Knoxville area, TN Johnson City-Kingsport-Bristol area, TN Lawrence County, TN (Southern TN, between Chattanooga & Memphis) Longview-Marshall-Tyler area, TX Martinsburg area, WV (Eastern Pan Handle Region) Memphis area, TN/AR/MS Myrtle Beach area, SC Nashville area, TN Oklahoma City area, OK Putnam County, TN (between Nashville & Knoxville) Roanoke area, VA San Antonio area, TX San Juan County, NM (Farmington area Shreveport area, LA Sumter area, SC Tulsa area, OK Washington County, MD Winchester/Frederick County, VA York-Chester-Lancaster-Union Counties, SC (part of Charlotte-Gastonia-Rock Hill MSA)

53 Next critical EAC milestones The June 16, 2003 Submittal By 6/16/03 all EAC areas must list & describe potential local control measures under consideration based on stakeholder consultation Measures should be reasonable for inclusion in the control strategy leading to attainment of 8-hr ozone standard by 12/31/07 This milestone must be met for EAC areas to remain eligible for deferral of effective date of 8-hr ozone nonattainment designation no exceptions These submittals will be tracked very closely by the environmental community & other interested groups

54 PM 2.5 Incentives for Early Reductions EPA encourage early reductions to address serious PM health effects No early action compact program for PM 2.5 Key issue: fine resolution databases needed for 12 km, attainment demo quality modeling not yet widely available EPA Early reduction strategy Education and outreach Regulatory incentives Technical assistance

55 PM 2.5 Incentives for Early Reductions Education and Outreach OAQPS outreach meetings with each RO; RO meetings with States Training series via web, satellite downlink Air Quality Index forecasting in 36+ major cities, October 2003 roll-out Presentations at conferences and meetings Innovative strategies conference for ozone and PM2.5 (target date late 03 / early 04)

56 PM 2.5 Incentives for Early Reductions Regulatory Incentives Nov memo re: 2002 as base year Credit for reductions after 2002 for RFP, attainment plan Policies on Clean Data and Early redesignations (forthcoming) Technical Assistance Case study analyses on local measures Funding for STAPPA Menu of Options

57 Overall Summary NAAQS actions you can expect to see Availability of State/Tribal recommendations-ozone, PM 2.5 Announcement of 120 day governors letters-ozone, PM 2.5 Proposed 1 st deferred effective date of designation for EAC areas-ozone Proposed implementation rule-pm 2.5 Availability of regulatory implementation language-ozone Final implementation rule-ozone Availability of designations-ozone Final designations-ozone, PM 2.5 & deferred effective date for EAC areas-ozone Final implementation rule-pm 2.5

58 Key Websites Technical data e.g., 2002 air quality, emissions, sources, modeling, population, wind roses Ozone: PM2.5: Guidance: State & tribal recommendations: Critical th max ozone values: Early Action Compacts:

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