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ADEM Air Update Ron Gore November, 2012

ADEM Air Update Ron Gore November, 2012. National Issues. EPA is delaying many controversial decisions and issues: Implementation of new SO 2 NAAQS Setting of new ozone and fine particle NAAQS Redesignations of areas from non- attainment Regional haze approvals. One-hour SO 2 issues.

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ADEM Air Update Ron Gore November, 2012

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  1. ADEM Air UpdateRon GoreNovember, 2012

  2. National Issues • EPA is delaying many controversial decisions and issues: • Implementation of new SO2 NAAQS • Setting of new ozone and fine particle NAAQS • Redesignations of areas from non- attainment • Regional haze approvals

  3. One-hour SO2 issues • EPA has punted the modeling-vs-monitoring issue until Summer, 2013 • EPA is not designating areas as non-attainment even when monitoring data shows violations • Will EPA come back to modeling? • SO2 modeling for PSD is still there

  4. SSM • It is likely that EPA will soon ask 30 to 40 States to remove SSM from their rules • Will generate political and legal battles

  5. Continued • EPA use of FIP’s when SIP’s are the appropriate legal mechanism -Cross-State ruling is a big setback for EPA • Continued use of settlements to drive EPA actions and timelines -SSM -Infrastructure SIP’s

  6. Continued • 40- year old concept of localized non-attainment areas is outdated • CAA needs to be amended • Local control measures cannot achieve attainment by themselves

  7. Ozone, continued • If EPA revises standard to 70 ppb, areas which do not attain include: Birmingham Mobile Huntsville-Decatur

  8. If the new standard is 65 ppb, add: Montgomery Columbus, GA/Phenix City, AL Tri-cities (Muscle Shoals)

  9. If the new standard is 60 ppb; All monitors in Alabama except Tuscaloosa fail

  10. Fine Particles • Highest monitor in Alabama is 12.9 ug/m3 in Birmingham for the annual standard • Highest monitors are 27 ug/m3 in Phenix City and Birmingham for the 2y-hr standard • If EPA sets annual standard at 12ug/m3, Phenix City and Birmingham fail

  11. Permitting • No really controversial permits or regulation changes in last year • Have not yet acted on any PSD permits which include greenhouse gas issues • New or modified sources with significant SO2 emissions will have problems meeting SO2 modeling requirements

  12. Enforcement • Number of NOV’s, number of penalty actions and penalty amounts relatively unchanged • Serious violations trending toward small to medium sized sources rather than Title V sources • Many State/Federal joint enforcement actions ongoing

  13. Major Compliance Issues • Trend is that more violations occur at small to medium size facilities • Violations at larger facilities tend to be due to complexity, not laxity or deliberate ignoring of requirements

  14. Boiler MACT • EPA is re-writing the major source MACT • Plan is to re-initiate the 3- year compliance schedule

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