Air Quality Planning & State Implementation Plan Primer Southern Transportation & Air Quality Summit August 25, 2009
Session Objectives • Overview of Air Quality Planning • Description of the NAAQS & Designations • Explanation of State Implementation Plans (SIP) • Consequences for SIP Failures
Air Quality Management Process • Air Quality Management (AQM) … refers to all the activities a regulatory authority undertakes to make sure that the air we breathe is safe… through steps to reduce or control the sources to reach or maintain the national ambient air quality standards (NAAQS). • The Approach: AQM is the pathway to translate measured air quality problems into a regulatory clean air plan, or state implementation plan (SIP). • The Framework: SIPs provide for control measures that “clean the air” and achieve or maintain the standards.
Air Quality – Regulatory Framework The Clean Air Act (CAA) sets the framework and goals for improving air quality to protect public health. sets forth provisions for the attainment and maintenance of NAAQSs (Title 1). ensures that the SIP achieves its goals to protect human health, coordinates transportation and air quality planning processes, and improves data and planning assumptions.
NAAQS New Violation New/Revised Designations Attainment Nonattainment Monitor SIP Action Maintain SIP Revised EI Attain Demo Violate Attain/ Maintain PSD ENF Fed/Local Measures New Violation Overview of Air Quality Management Process
What Are The NAAQS? • NAAQS are set for “Criteria Pollutants”. • Criteria Pollutants: A group of six widespread and common air pollutants regulated by EPA to protect health and the environment. • Two NAAQS --- Primary and Secondary: • Primary standard is set to protect human health. • Secondary standard is set to protect public welfare and the environment.
Timeline: Past and Current NAAQS Reviews Revise 1970 1980 1990 2000 2010 Ozone Revise Reaffirm Revise Revise PM Revise Revise Revise SO2:Primary Secondary Reaffirm * Reaffirm Revoke Annual NO2 Primary Reaffirm Reaffirm CO Revoke Secondary Reaffirm Primary On hold Pb Revise HC Revoke *Joint NOx/SOx secondary NAAQS review – 2006-2010
Pollutant Primary Stds. Averaging Times Secondary Stds. Carbon Monoxide 9 ppm (10 mg/m3) 8-hour None 35 ppm (40 mg/m3) 1-hour None Lead 1.5 µg/m3 Quarterly Average Same as Primary Nitrogen Dioxide 0.053 ppm (100 µg/m3) Annual (Arithmetic Mean) Same as Primary Particulate Matter (PM10) 150 µg/m3 24-hour Same as Primary Particulate Matter (PM2.5) Same as Primary 15.0 µg/m3 Annual (Arith. Mean) 35 µg/m3 24-hour Same as Primary Ozone Same as Primary 8-hour 0. 075 ppm Same as Primary 0.12 ppm 1-hour (Applies only in limited areas) Sulfur Dioxide Annual (Arith. Mean) [see below] 0.03 ppm 0.14 ppm 24-hour [see below] 3-hour 0.5 ppm (1300 µg/m3) Current NAAQS
Additional Information for NAAQS • For a summary description of each of the criteria pollutants, visit http://www.epa.gov/oar/oaqps/greenbk/o3co.html. • For a list of the standards and explanation of how each is achieved, visit http://www.epa.gov/air/criteria.html.
After EPA sets or revises a standard, how is it used? • As required by Section 107(d)(1), EPA designates areas as: • Nonattainment • does not meet the standard, or • contributes to an area that does not meet the standard • Attainment • meets the standard for the pollutant, and • does not contribute to an area that does not meet the standard • Unclassifiable • cannot be classified based on available information
Nonattainment… • any county (or partial county) with a monitor showing a violation • any nearby contributing area • based on the most recent 3 consecutive years of air quality data
Factors considered for nonattainment boundaries… Air quality data Emissions data (location of sources and contribution to ozone concentrations) Population density and degree of urbanization (including commercial development) Traffic and commuting patterns Growth rate and patterns Meteorology (weather/transport patterns) Geography/topography (mountain ranges or other air basin boundaries) Jurisdictional boundaries (e.g., counties, air districts, existing nonattainment areas, Reservations, metropolitan planning organizations (MPOs)) Level of control of emission sources
Designation timeframes… • States have 1 year to make designation recommendations to EPA • EPA has 1 to 2 years to complete the process • As expeditiously as practicable • May be extended up to 1 year • EPA Administrator can modify the state designations recommendation • Administrator notifies state no later than 120 days before designation • Gives state opportunity to show why modification is inappropriate
Designations • Made individually for each NAAQS pollutant • Plans must be created to bring the area back into attainment • When an area achieves attainment of the NAAQS: • Areas can request redesignation as a “Maintenance Area” • Maintenance areas are required to have a plan to maintain the standard for 20 years
Affects of Designations/Classifications… • Nonattainment NSR applies upon effective date of designations • Transportation conformity applies 1 year from effective date of designations. • For classified areas: • Additional mandated controls • Must attain by attainment date or bumped up to next higher classification, if applicable.
NAAQS Review Schedules Proposed and Final Rulesas of 09/25/09 Note: Underlined dates indicate court-ordered or settlement agreement deadlines – for NO2 and SO2 Primary NAAQS reviews, the final dates listed above have been agreed to by the plaintiffs but have not yet been officially entered by the court. 1 A new Ozone review was initiated in Oct 2008 with a kick-off workshop; proposed rule targeted for June 2012 and final rule targeted for March 2013.
2008 Ozone NAAQS Status • March 12, 2008 (published March 27, 2008) • 2 things changed • Air Quality Index (AQI) changed • Primary & secondary standard • Changed from 0.08 ppm to 0.075 ppm (3rd decimal place, no rounding) • Long-range Next Steps • Designations (may include 06-08 or 07-09 data) • Development of Attainment Plans (Due 3 years after designation)
Timeline for Designations Process Milestones 2008 Ozone NAAQS Dates Final decision on level of NAAQS changed to 0.075 State/Tribal recommendations due EPA response State & Tribes may provide additional comments March 12, 2008 March 12, 2009 No later than November 12, 2009 (120 days prior to final designations) Prior to final designations No later than March 12, 2010* Final designations * If the EPA Administrator determines that there is insufficient information to make final designations, then the date of final designations may be extended by up to one year but no later than March 12, 2011.
Implementation of 2008 8-Hour Ozone NAAQS • Designation Guidance Memo – Published Dec 2008 • Implementation Rule • Draft under internal EPA review • Proposed Rule publication planned within next 6 months • 60 day public comment period • Final Rule will include EPA’s response to comments
Ozone Control Reqs (NOx & VOC) 8-hr Ozone Subpart 2 Areas Extreme Traffic Controls During Congestion Clean Fuels RQT for Boiler (Plan in 3 yrs) NO Waivers from 15 or 3 5 Reduction RQT Severe Employee Trip Reduction Program Measures to offset VMT Growth…Due 2 yrs Serious Classification Cut points Classification 1997 NAAQS 2008 NAAQS Extreme = or > 0.187 ppm ?? Severe 0.120 to 0.187 ?? Serious 0.107 to 0.120 ?? Moderate 0.092 to 0.107 ?? Marginal 0.085 to 0.092 ?? Contingency measures if “milestone” missed Specific NSR Requirements for existing source mods VMT Demonstration (&TCMs if needed)…6 yrs Clean Fuels program (if applicable)…42 months Enhanced I&M- Due 2yrs Enhanced monitoring-SIP >18mos Demonstration of attainment …4 yrs Stage 2 Vapor Recovery Plan for 3% annual average reductions…due 4 yrs Moderate Basic I&M (if not already required)…immediately NOx Reasonably Available Control Technology (RACT)…2/4 yrs VOC RACT Catchups”…2 yrs Contingency measures…Sec 172(c) (9) Plan for 15% VOC reductions within yrs…due 3 yrs New Source Review Program (including corrections)…2 yrs Marginal RACT “Fixups”…6 mos I&M corrections…immediately Emission Inventory Due in 2 yrs Emission Statements…2 yrs Periodic inventories
Ozone Control Reqs (NOx & VOC) 8-hr Ozone Subpart 2 Areas Extreme Traffic Controls During Congestion Severe Transportation Related Controls ONLY Employee Trip Reduction Program Measures to offset VMT Growth…Due 2 yrs Serious Classification Cut points Classification 1997 NAAQS 2008 NAAQS Extreme = or > 0.187 ppm ?? Severe 0.120 to 0.187 ?? Serious 0.107 to 0.120 ?? Moderate 0.092 to 0.107 ?? Marginal 0.085 to 0.092 ?? VMT Demonstration (&TCMs if needed)…6 yrs Enhanced I&M- Due 2yrs Moderate Basic I&M (if not already required)…immediately Marginal
After Designations… • Within 3 years, states develop SIPs for attaining air quality standards within specified timeframe from designation as nonattainment: • Enforceable emission limits/control measure • Emission Inventories • Modeling • Monitoring/Recordkeeping • Enforcement
Objectives • Describe a SIP and its mobile source-related elements • Emissions inventories • Motor Vehicle Emissions Budgets (MVEBs) • List types of SIPs • Discuss SIP failures, sanctions, and time clocks • Describe roles and responsibilities in developing SIPs
What is a SIP? It’s a plan for “clean air!” • Clean Air Act requires a general plan to achieve the NAAQS in all areas of the country and a specific plan for each nonattainment area. • Each state is responsible for developing plans to demonstrate how standards will be achieved, maintained, and enforced. • These enforceable plans are developed by States (and locals).
The SIP: A Living Document • Revised by State as necessary. • Addresses unique air pollution problems in State. • Keeping the SIP updated is a continuous process.
Who is Responsible for Developing the SIP? • Governor or his designee • Generally delegated to Environmental Secretary or equivalent • Local or regional agencies in some states are delegated some authority, but not SIP adoption.
CAA or court case mandates plan submittal, or State/Local decides to revise its own SIP State/Local prepares and adopts plan after public hearing State submits SIP to EPA Regional office EPA reviews SIP for completeness … if complete … propose in FR EPA approves/disapproves plan after considering public comments After SIP approval, the plan becomes Federally enforceable If SIP Federally mandated and disapproved … then FIP promulgated Summary …How the SIP process works
Components of a SIP Regulations RACT Rules Non-regulatory Attainment Plan Source- Specific Regulations Voluntary Programs TCM ROP I/M Source-specific (permits)
Nonattainment SIP - Description • Required by the CAA for areas designated nonattainment for a NAAQS. • Prepared by the state and approved by EPA. • Submitted within 3 years after the effective date of a nonattainment designation. • Provides for the implementation and enforcement of emission control measures from all source categories.
Elements of a Nonattainment SIP • Inventories are detailed accounting of all emissions and emissions sources by precursor or pollutant. • Helps define the emissions problem • Used as the basis for: • Establishing emissions reductions targets to enable the area to attain the NAAQS • Setting caps on emissions
Precursor Pollutants Criteria pollutants PRECURSOR
Categorizing Emissions Sources • Point (e.g., electric utilities, refineries) • Area (e.g., dry cleaners, paints, solvents) • On-Road Mobile (e.g., cars, trucks, buses) • Non-Road (Airplanes, trains, construction equipment) • Biogenic (e.g., trees, vegetation, soils)
Example of NOx Emissions Inventory 2002 Controlled Emissions: Washington DC-MD-VA Non-attainment Area
Mobile Inventory • Inputs to on-road emission inventory include: • Number and types of vehicles in the region • Age of vehicles • Rate of fleet turnover • Seasonal temperatures • Vehicle miles traveled (VMT) • Transportation network
Elements of a SIP - Emissions Budgets • Emissions inventory used to establish an emissions “budget” for on-road sources for each pollutant • Not all nonattainment / maintenance areas are required to have budgets • Budget must be determined “adequate” or approved by EPA • Motor vehicle emissions budgets serve as a regulatory limit for on-road mobile source emissions • SIP control measures / strategies are identified to reduce emissions as necessary to attain or maintain standard
Elements of a SIP - Emissions Budgets (con’t) • Conformity is demonstrated using the motor vehicle emissions budgets • Conformity is the link between the SIP and the transportation plan/TIP • Projected emissions from the transportation plan and TIP must be at or below the SIP budgets • Planning assumptions used to develop SIP budgets must be the latest available information(e.g., vehicle types, VMT, population, etc.)
Elements of a SIP - Emissions Budgets (con’t) • Planning assumptions used to develop SIP budgets must be based on the latest available information (e.g., vehicle types, VMT, population, etc.) • The latest emissions model must be used when developing SIP budgets • Different types of SIPs can have budgets: • Reasonable Further Progress or Attainment SIPs (aka control strategy SIPs) • Maintenance SIPs • Early Progress SIP – Voluntary, not substitute for required element, only used to establish budgets
Emissions Budget Years • Budgets are established for: • Milestone years (e.g., rate of progress plans) • Attainment year (e.g., attainment demonstration) • The last year of the maintenance plan (each maintenance plan covers a 10-year period; the second is submitted 8 years after the first)
What is an Adequate Budget? • EPA must determine that an emissions budget is adequate (or approved) prior to use for conformity determinations • A positive adequacy finding does not guarantee approval of a SIP
Adequacy Process • Approximately 90-days – minimum, if there are no problems • State submits SIP to EPA • EPA announces receipt of SIP on website • 30-day, or 45 day public comment period started • EPA makes an adequacy / inadequacy finding • Send letter to the State, then EPA Federal Register • Finding is effective 15 days after Federal Register Notice publication (in most cases)
Types of SIPs • There are several types of SIPs: • Control strategy SIPs, include • Attainment • Rate of progress • Maintenance Plans • Early Progress SIP - Voluntary • Conformity SIPs • Different SIPs may contain MVEBs (except Conformity SIPs) • Requirements depend on pollutant and classification for ozone
Attainment SIPs • Certain areas that are designated nonattainment for a given pollutant are required to demonstrate attainment using air quality modeling • Demonstration includes specific reductions to attain NAAQS by attainment dates • Attainment dates are generally determined by the pollutant and an area’s classification for ozone
Reasonable Further Progress SIPs • Reasonable Further Progress (RFP) SIPs are required in some ozone nonattainment areas • Types of Reasonable Further Progress (RFP) SIPs • 15% RFP SIP for first 6 years • 9% RFP SIP for every 3 years after this until attainment
Maintenance Plans • CAA 175A Maintenance plans are developed once an area qualifies for redesignation as a maintenance area • Approved plan is required for redesignation • Plan assures that an area will maintain the standards for 20 years after redesignation to attainment • Maintenance plans are developed for two 10-year periods • When 8-years have elapsed in the first 10-year period the second 10-year plan must be submitted • Contains, at a minimum, motor vehicle emissions budgets for the last year of the 10-year plan period (required year)