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Houston's One-Hour SIP: Status and Path Forward

Houston's One-Hour SIP: Status and Path Forward. Matthew L. Kuryla Baker Botts, LLP Houston, Texas October 6, 2004. Legal Status. December 6, 2000: Full attainment demonstration October 15, 2001: EPA final approval Upheld by federal appeals court

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Houston's One-Hour SIP: Status and Path Forward

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  1. Houston's One-Hour SIP: Status and Path Forward Matthew L. Kuryla Baker Botts, LLP Houston, Texas October 6, 2004

  2. Legal Status • December 6, 2000: Full attainment demonstration • October 15, 2001: EPA final approval • Upheld by federal appeals court • Integrates "mid-course review" commitment • June 23, 2004: Mid-course review • Extensive stakeholder comment • Projected adoption: 12/01/04

  3. Role of the Mid-Course Review "The mid-course review . . . is intended to reflect the reality that the modeling techniques and inputs are uncertain." "EPA is fully approving the attainment demonstration based on the information currently available. The mid-course review allows the State and EPA an opportunity to consider additional information closer to the attainment date to assess whether adjustments are necessary." EPA, Final HGB SIP approval (66 Fed. Reg. 57,179, 11/14/01)

  4. Role of the Model "EPA weighed all of the evidence and concluded that the control measures Texas adopted would more likely than not lead to attainment." "The statute requires that an attainment demonstration be 'based on photochemical grid modeling;' the statute does not require that an attainment demonstration be based solely or directly on photochemical grid modeling." • U.S. Court of Appeals, BCCAAG v. EPA, 355 F.3d 817, 835 (5th Cir. 2003)

  5. One-Hour vs. Eight-Hour SIP • EPA 8-hour transition rule: • One-hour standard is revoked June 2005 • Houston is now a "moderate" 8-hour area • No attainment findings in 2007 • For approved SIPs, commitments stand • HGB mid-course review must be completed • Closes out one-hour SIP commitments

  6. Strengthening Revisions • Environmental speed limit removal • Low Emission Diesel adjustment • Pipeline-for-utility NOx substitution • TERP-for-morning construction ban • HRVOC-for-10% point source NOx • Now: HRVOC rule changes

  7. Path Forward • Refine, adopt and submit the mid-course package based on the improved information currently available • Integrate the strengthening changes to the HRVOC rules • Move to 8-hour attainment demonstration • Commit to further scientific analysis to resolve residual uncertainty

  8. www.bakerbotts.com

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