Designations classifications for the 8 hour ozone naaqs
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Designations & Classifications for the 8-hour Ozone NAAQS. U.S. EPA Office of Air Quality Planning and Standards. Here’s what we’ll cover. Brief background How designations and classifications were determined A national look Determining nonattainment boundaries  11 factors

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Designations & Classifications for the 8-hour Ozone NAAQS

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Designations & Classifications for the 8-hour Ozone NAAQS

U.S. EPA

Office of Air Quality Planning and Standards


Here’s what we’ll cover

  • Brief background

  • How designations and classifications were determined

  • A national look

  • Determining nonattainment boundaries 11 factors

  • Where to find more information


What is a nonattainment area?

  • “. . . any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the NAAQS”

    CAA §107(d)(1)(A)(i)


Background & history

  • 1-hr, .12 ppm ozone standard promulgated in 1979.

  • 8-hr, .08 ppm ozone standard promulgated in 1997.

  • Final 8-hr. designations & classifications signed on 4/15/04 (published 4/30/04 in 69 FR 23858).


Background & history (con’d)

  • 8-hr. classification scheme originates in April 2004 implementation rule.

  • Based on the 1-hr approach.

  • Control requirements tied to the applicable subpart and the area’s classification.


How were 8-hour designations and classifications determined?


CAA Table 181 Conversion


How the areas sorted out

  • 71 subpart 1 “Basic” areas*

    • Generally below .121 ppm (1-hr.)

    • Flexibility

  • 41* subpart 2 areas

    • Have a classification

    • Mandated controls

      *Excludes EAC areas


National summary

  • 474 counties designated

  • nonattainment

    • 432 whole counties

    • 42 partial counties

  • ~159 million live in these areas


CATEGORY/

CLASSIFICATION AREAS COUNTIES

Severe 17 1 4

Serious 315

Moderate 30 185

Marginal 755

Subpart 2 41 255

Subpart 171172

SUBTOTAL:112425

Moderate EAC 1 8

Subpart 1 EAC1341

SUBTOTAL:1449

GRAND TOTAL 126474

A closer look . . . .

*

* Does not equal sum of parts as some counties are split into two classifications.


9 Reclassifications – all Moderate to Marginal

Effective November 22, 2004:

  • Cass Co., MI

  • Muskegon Co., MI

  • Detroit

  • Greensboro, NC

  • Kent/Queen Anne Cos., MD

  • Lancaster, PA

  • LaPorte, IN

  • Memphis

  • Richmond, VA


Attainment Dates

  • Subpart 1 areas have 5 -10 years

  • Subpart 2: based on classification

    • Marginal – 3

    • Moderate – 6

    • Serious – 9

    • Severe – 15

    • Extreme – 20


How were nonattainment boundaries determined?


Starting point: C/MSA

11 factors to determine whether to exclude a county


11 factors (con’d)


How designation and classification affect an area


Where can I find more information?


Green Book…http://www.epa.gov/oar/oaqps/greenbk/o8index.html


Or . . .

69 FR 23858 (April 30, 2004)

or . . .

Sharon Reinders

[email protected]


Early Action Compacts for 8-hr Ozone NAAQS

U.S. EPA

Office of Air Quality Planning and Standards


What does this presentation cover?

  • What are Early Action Compacts (EACs)?

  • What are EAC areas required to do?

  • Where are EAC areas located?

  • What innovative measures are planned?


What are EACs?

  • Voluntary agreements – EPA/State/Local

  • Innovative approach to cleaner air

  • Encourage communities to act early to reduce ozone sooner than required

  • Commit to early SIP, early implementation


What are EACs?

  • EAC areas required to meet certain milestones

  • Area designated nonattainment with deferred effective date

  • Nonattainment area requirements are not applicable if all milestones met


What is required?(EAC Milestones)

  • Agreements signed December 2002

  • Preliminary measures identified June 2003

  • Local air quality plan submitted March 2004


What is required?(EAC Milestones)

  • State submits SIP by December 2004

  • Control measures implemented in 2005

  • Progress assessment due 2006

  • EAC areas must attain 8-hr ozone standard by December 2007


Where are EAC areas and how many received “deferrals?

  • Compacts approved for 33 areas in 9 States

  • 14areas received “deferred nonattainment designation”

  • Deferral extends to September 2005 with options for renewal


Specific Examples of Innovative Measures in EAC Areas

  • Truck Stop Electrification

  • School bus/diesel engine retrofits

  • Urban Heat Island Reduction/Cool Cities

  • Energy Efficiency/Renewable Energy


What’s next for EAC areas?

  • 12/31/04 - early SIPs due

  • 9/30/05 - EPA final action

  • Areas with approved SIPs eligible for continued deferral

  • Areas with disapproved SIPs designated nonattainment


For more information …

www.epa.gov/ttn/naaqs/ozone/eac


8-Hour Ozone NAAQS Implementation RuleFinal Rule—Phase 1 Highlights

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

9/24/04


Chronology -- 8-hour Ozone Implementation Rule

  • Proposed June 2, 2003.

  • Comment period closed August 1, 2003.

  • Additional comment period on rule language closed September 5, 2003.

  • Re-opened the comment period -- additional classification approaches; closed November 5.


Status of 8-hour Ozone Implementation Rule

  • Final rule to be issued in 2 phases:

    • Phase 1:

      • Classifications, transition/anti-backsliding, revocation of 1-hour std., attainment dates, attainment date extensions, timing of emission reductions needed for attainment


Status of 8-hour Ozone Implementation Rule

  • Phase 1 (cont’d)

    • Signed 4/15/2004

    • Published 4/30/2004

    • Effective 6/15/2004


Status of 8-hour Ozone Implementation Rule

  • Phase 2:

    • Remainder of rule elements (e.g., RACT, RFP, attainment demonstrations; 8-hr NSR)

    • Planning for signature fall 2004


Classification in general

Separate 8-hour nonattainment areas based on 1-hr design values

  • < 0.121 ppm -- Subpart 1 (attainment dates 5 or 10 years after designation)

  • => than 0.121 ppm -- Subpart 2 (attainment dates 2007 – 2021)


Classification cont’d

  • Subpart 2 areas (cont’d) – classified using “translated” 8-hour design values

  • Subpart 1 areas -- No classification except that rural areas that meet overwhelming transport criteria will receive that classification


Attainment Dates

  • Attainment “as expeditious as practicable but no later than . . . “

    • Subpart 2 -- from 6/15/04:

      • marginal – 3 years (2007)

      • moderate – 6 years (2010)

      • serious – 9 years (2013)

      • severe – 15 or 17 years (2019/2021)

      • extreme – 20 years (2024)


Attainment Dates

  • Subpart 1 no later than 5 years after effective date of designation or up to 10 years after designation under certain conditions


Revocation of 1-hr std.

  • Complete revocation of 1-hr std.

    • 1 year following designations

    • Continued applicability of subpart 2 requirements

    • Continued air quality improvement,

    • Focus toward implementation of the 8-hour standard.

    • Consistent with 1-year grace period for 8-hr O3 conformity.


Anti-Backsliding

  • Ensures areas continue to implement control measures and planning in their 1-hour plans after 1-hour std revoked

  • (cont’d . . . )


Anti-Backsliding

  • Actual rule broken out by kind of area:

    • 8-hr NA area/1-hr NA area

    • 8-hr NA area/1-hr maintenance area

    • 8-hr attain. area/1-hr NA area

    • 8-hr attain. area/1-hr maintenance area


Anti-backsliding—duration of obligation

  • Time subpart 2 measures (e.g., I/M) need to be in place after the 1-hour standard is revoked:until an area is redesignated to attainment for the 8-hour standard.


Anti-backsliding—duration of obligation

  • After redesignation to attainment, subpart 2 measures could not be dropped but could be recast as contingency measures with a sect. 110(l) showing of noninterference with the 8-hr std.


Anti-backsliding—other provisions

  • Would also retain requirements under NOx SIP call

  • Other provisions in SIP would remain but could be revised


1-hr NAAQS Obligations that Don’t Apply after Revocation

  • Adopting the approach proposed rule with modifications

  • Providing clarification regarding the penalty obligations under sections 181(b)(4) and 185A of the CAA that apply in severe areas that do not attain the 1-hour standard by the applicable attainment date.


1-hr NAAQS Obligations that Don’t Apply after Revocation

  • Demonstrate conformity for the 1-hour NAAQS

  • No findings of failure to attain the 1-hour standard (no more bump-ups & no and sect. 185 fees

  • (cont’d. . .)


1-hr NAAQS Obligations that Don’t Apply after Revocation

  • No second 10-year maintenance plan and obligation to implement contingency measures upon a violation of the 1-hour NAAQS.

  • NSR for 1-hour NAAQS.


Timeframe for emission reductions for attainment

  • If an area needs more than the reductions required by RFP in order to demonstrate attainment, then any additional reductions would have to be achieved by the beginning of the ozone season prior to the area’s attainment date.


Websites

  • General Implementation site:

  • http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/

  • Federal Register notice & related material — phase 1:

  • http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/proprule.html


8-Hour Ozone NAAQS Implementation RuleFinal Rule—Phase 2 Major Components & Policy Issues

Office of Air Quality Planning and Standard

U.S. Environmental Protection Agency

9/24/04


Reasonable Further Progress (RFP)

  • What it’s for – Required to ensure progress toward attainment prior to attainment date

  • Major Policy Issues

    • RFP for subpart 1 areas (flexible approach or more prescriptive approach)

    • Timing of plan submission & implementation of measures


Reasonably Available Control Technology (RACT)

  • What it’s for – Ensure minimum level of emission control technology for nonattainment areas

  • Major Policy issues

    • RACT for subpart 1 areas (flexible approach or more prescriptive approach) (cont’d . . .)


Reasonably Available Control Technology (RACT)

  • Major Policy issues (cont’d)

    • Subpart 2 RACT

      • Use of Previous Guidance

      • Effect of NOx SIP call coverage

    • Timing of plan submission & implementation of measures


Attainment demonstrations & photochemical grid modeling

  • What it’s for – State must demonstrate analytically that emission reductions over time will achieve the NAAQS by the attainment date (cont’d . .


Attainment demonstrations & photochemical grid modeling

  • Major Policy Issues

    • Timing of submission

    • Which subpart 1 areas need to submit modeled attainment demonstrations


Long-range Transport

  • What’s the problem – Many areas cannot attain the standard through only local control but must rely on controls from upwind areas

  • Major Policy Issue – How should EPA address this problem?


New Source Review

  • What it’s for – Ensure that new sources locating in a nonattainment area will not interfere with attainment or progress toward attainment

  • Major Policy Issue – How to structure existing NSR rule to address the 8-hour standard.


Flexibility for Mandatory Measures under subpart 2

  • Major Policy Issue – Can EPA allow waivers for subpart 2 mandatory measures?


Once again--Website

  • General Implementation site:

  • http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/


New Source Review under the 8-hour Ozone NAAQS

U.S. EPA

Office of Air Quality Planning and Standards


What does this presentation cover?

  • NSR in Phase II Ozone Implementation Rule

  • Implementing NSR Under the 8-hour Ozone NAAQS


Nonattainment NSR in Phase II Ozone Implementation Rules


NSR in Phase II Rule

  • Changing nonattainment major NSR rules to implement the 8-hour ozone NAAQS.

  • Changes to SIP rules (§51.165) and to Appendix S.

  • Expected promulgation: Fall 2004.


What will the Phase II rule include?

  • Major Stationary Source Thresholds

  • Significant Emission Rates

  • Offset Ratios

  • NOx as an Ozone Precursor in Ozone Nonattainment Areas

  • Final Action on Transitional NSR Program Proposed June 2003


Requirements in Subpart 1 (Basic) Areas


Major Stationary Source Subpart 2 Areas


Significant Emission Rate Subpart 2 Areas


Offset Ratios Subpart 2 Areas


Implementing NSR Under the 8-hr Ozone NAAQS


When do the ozone NAAQS apply?

  • 1-hr NAAQS revoked June 15, 2005.

  • 8-hr NAAQS effective June 15, 2004.

  • From June 15, 2004 through June 14, 2005, designations and classifications for both 1-hr and 8-hr NAAQS will apply in some areas.


Nonattainment Areas

1-hour

8-hour


What about NSR SIPs?

  • Approved NSR SIP at permit issuance determines permit terms.

  • If no approved SIP applying to nonattainment area, States or EPA will issue permits meeting conditions in Appendix S.


What about NSR SIPs?

  • States not required to keep NSR SIP that applied under the 1-hr standard once 1-hr standard revoked.

  • Instead, States must establish an 8-hr NSR SIP program based on 8-hr ozone designation and classification.

  • States must submit and EPA must approve 8-hr NSR SIPs before they apply.


What about NSR permits?

  • Existing permits issued under the 1-hr NSR SIP remain in force.


When does 1-hr NSR stopapplying?

  • New Source- see approved NSR SIP.

    • In some areas, requirements cease to apply when 1-hr standard revoked.

    • In other areas, need SIP revision before requirements no longer apply.

  • Permits issued under the 1-hr NSR SIP remain in force.


What about 1-hr permits?


When does NSR apply in 8-hr areas?

  • 8-hr nonattainment NSR began applying on June 15, 2004.

  • Many States already have an approved NSR SIP that applies in 8-hr ozone nonattainment areas.

  • If no approved nonattainment NSR program that applies to 8-hr ozone nonattainment area, the State or EPA will issue preconstruction permits under 40 CFR Part 51, Appendix S.


How does NSR apply in 1-hr/8-hr nonattainment areas?

  • Approved NSR SIP remains in place until SIP revision approved.

  • NSR SIP may not need revision to apply to 8-hr designations and classifications.

  • 6-15-04 through 6-14-05, both 1-hr and 8-hr NAAQS are in effect and permits must be issued according to the higher classification that applies.


What if 2 classifications apply?


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