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Update on Implementing the NAAQS & Regional Haze

Update on Implementing the NAAQS & Regional Haze. WESTAR Spring Meeting April 26, 2011. Current Schedule for Ongoing NAAQS Reviews (March 2011). NOTE: Underlined dates indicate court-ordered or settlement agreement deadlines Next Ozone Review: Proposal in Jun 2013 and Final in Mar 2014.

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Update on Implementing the NAAQS & Regional Haze

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  1. Update on Implementingthe NAAQS & Regional Haze WESTAR Spring Meeting April 26, 2011

  2. Current Schedule for Ongoing NAAQS Reviews(March 2011) NOTE: Underlined dates indicate court-ordered or settlement agreement deadlines Next Ozone Review: Proposal in Jun 2013 and Final in Mar 2014

  3. Anticipated NAAQS Implementation Milestones Section 110 plans will be needed for multiple NAAQS in coming years. Revised April 2011

  4. 8-hr Ozone NAAQS Reconsideration • A final decision in the 2008 reconsideration is scheduled for the end of July 2011 • CASAC supplemented advice regarding the level of the primary standard as requested • Will include final decision on deadline for state designation recommendations • Plan to propose Implementation Rule in conjunction with final reconsidered NAAQS • “Widespread Use of Onboard Refueling Vapor Recovery and Stage II Waiver” was removed from Implementation Rule. Now a separate proposal package that is at OMB for review. • Will address waiver of Serious and above area requirements for Stage II vapor recovery systems at gasoline refueling stations • Separate guidance memo will address technical aspects of removing existing Stage II from SIPs • Designations assistance • Guidance memo • Source apportionment modeling results • Other data relevant to 5-factor analysis

  5. Draft Ozone Implementation Rule • Planning and control requirements currently required for the 1997 NAAQS that must continue to be implemented under the 2011 NAAQS (i.e., “anti-backsliding” requirements) • Proposed approaches to classifying ozone nonattainment areas • Air quality thresholds for Marginal, Moderate, Serious, Severe, and Extreme. • Impact of options will be illustrated based on 2008-2010 air quality data • Attainment deadlines for each classification • State Implementation Plan (SIP) requirements for primary standard nonattainment areas • Implementation approach for first-ever separate secondary standard, including classification and SIP requirements

  6. Other Ozone-related Actions • Transport Rule 2 • Will address the revised 2011 ozone NAAQS • Review intended to be national in scope and examine contribution from multiple source categories • Based on TR1 template (?) • VOC Exemptions Rules: • Family of Four Hydrofluoropolyethers (HFPEs) and HFE-347pc-f • Proposed rule expected to be finalized Spring 2011 • These compounds have a fairly high global warming potential, but they are within the range of what EPA has approved previously • HFO (including HFO-1234yf) • Proposed rule package anticipated OMB review: Spring/Summer 2011 • EPA and the European Union are expecting HFO-1234yf to become the replacement for HFC-134a in new vehicle air conditioning systems because it has much lower global warming potential • Methyl Iodide and Methyl Bromide • EPA is not planning a near-term proposal on the petitions for VOC exemptions for these compounds • Continuing to review concerns about toxicity

  7. Western Issues for Ozone NAAQS Revision Developing appropriate nonattainment area boundaries in large counties Identifying areas eligible for Rural Transport classification Working with the States with areas that have high wintertime ozone levels to identify relative source contributions International transport/background? Others?

  8. Litigation and Reconsideration on 1997 Ozone NAAQS Rules Remand of Subpart 1 Classifications Proposed January 2009 to reclassify under Subpart 2 using 2003 DVs and retroactively effectuating attainment date extensions and bump ups Would not affect areas that have been redesignated to attainment before final rule OMB review completed Remand/vacatur of Reasonable Further Progress – credit for reduction from outside the NA area We proposed in December 2010 to limit credit only to reductions “in the area” The final rule is currently undergoing OAR review – expected August 2011 Vacatur of 1-hr nonattainment NSR exemption Proposed August 2010 to retain nonattainment NSR requirements specific to the 1-hr NAAQS under certain circumstances when implementing the 1997 8-hr NAAQS Public hearing held 10/12/10, comment period closed 11/13/10 Final rule projected for Fall 2011

  9. Section 110(a) Infrastructure SIPs for 1997 Ozone and PM2.5 Consent decree requires EPA to take final action for 21 states for the 1997 ozone and PM2.5 NAAQS by April 29, 2011. WildEarth Guardians and the Sierra Club filed a lawsuit on the 110(a)(2) SIPs for the 2006 PM2.5 NAAQS. This lawsuit includes the PSD and visibility elements under 110(a)(2)(D)(i)(II). 1-Hour Ozone Implementation Failure to make finding for 1-hour ozone areas that did not attain EarthJustice petition for San Joaquin Valley Sierra Club petition on non-California nonattainment areas Adverse Decision in Association of Irritated Residents (AIR) case against EPA approval/disapproval of South Coast plan adverse 9th Circuit SIP decisions. 8-Hour Ozone Implementation Consent decrees with NRDC for signature on final South Coast and San Joaquin Valley 8-hour ozone plans by 12/15/11. Sierra Club complaint filed for failure to act on submitted SIPs within 18 months and promulgate FIPs for clocks started in Feb 2008. WildEarth Guardian complaint filed in Northern District of CA for not making findings of failure to submit SIPs for subpart 1 nonattainment areas. Sierra Club NOI for failure to make Moderate area attainment determinations - Boston (E. MA & NH), Chicago (IL only), NYC, Springfield, St. Louis, and Charlotte Litigation and Reconsideration on 1997 Ozone NAAQS Rules (cont.)

  10. The Next Ozone NAAQS • Current Schedule • Propose in 2013 • Final rule in 2014 • Not court ordered • First external review draft of Integrated Science Assessment available online: http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_2008_isa.html

  11. PM2.5 NAAQS Implementation • SIP timeline for 2006 standards • Designations effective in December 2009 • Attainment SIPs due December 2012 • If 2012 review results in new/revised standards • Designations no later than 2014 • Attainment SIPs would be due no later than 2017 • Proposed revisions to implementation guidance/rule likely at the time of final NAAQS • 2006 Standards - Working on guidance memo to clarify several issues • Framework of existing implementation rule is appropriate for attainment planning for 2006 PM2.5 standards • Policies on RFP • Baseline year • Policies for contingency measures • Strategies for Reducing Residential Wood Smoke (Oct. 2009) http://www.epa.gov/ttncaaa1/t1/memoranda/strategies-doc-8-11-09.pdf • PSD Program SIP revisions due May 2011. Sunset of 1997 PM10 Surrogate Policy.

  12. CONAAQS Implementation • Proposed to retain current standard on January 28, 2011 • Proposed changes to ambient air monitoring requirements • Co-locate CO monitors with “near-road” NO2 monitors in urban areas having populations of 1 million or more • Approximately 77 CO monitors within 53 urban areas, as part of the overall CO monitoring network. • There are currently no CO nonattainment areas • Existing guidance, regulations, and policies continue to be appropriate

  13. Pb NAAQS Implementation • 0.15 µg/m3 NAAQS promulgated October 2008 • Round 1 nonattainment designations effective December 2010 • 16 areas; attainment deadline December 2015 • Round 2 nonattainment/attainment/unclassifiable in October 2011 • Est. 4 additional violating areas; attainment deadline December 2016 • Infrastructure SIPs due October 2011 • Working on guidance • Updating RACT/RACM guidance • Expected Fall 2011; timing contingent upon the budget • Updating the 1993 Lead Guidelines Document • Updating basic information and modeling guidance. • Draft technical note on modeling available at http://www.epa.gov/ttnamti1/files/ambient/pb/ModelingQA.pdf • Implementation webinar held in early April (see http://www.epa.gov/airquality/lead/implement.html). • Topics covered included: general implementation issues, monitoring, and modeling

  14. NO2 NAAQS Implementation • New 1-hr 100 ppb standard promulgated January 2010 • Intend to designate areas unclassifiable/attainment based on the existing community-wide monitoring network • Deadline is January 2012 • 120-day letters expected to go out in Summer 2011 • New monitoring network required by January 2013 • Infrastructure SIPs due January 2013 • Guidance on NO2 PSD permit modeling issued June 29, 2010 http://www.epa.gov/NSR/guidance.html • Includes recommended interim significant impact level • Estimating ambient NO2 concentrations and determining compliance with the new 1-hour NO2 standard. • Modeling emergency equipment

  15. SO2 NAAQS Implementation • On April 7, 2011, DC Circuit Court denied the motion to stay the 1-hr 75 ppb SO2 NAAQS • SO2 designations guidance issued March 24, 2010. State recommendations due June 2011. • “Nonattainment” areas are identified with most recent monitoring data or available appropriate air quality dispersion modeling showing a violation of the NAAQS • “Attainment” areas are identified by air quality modeling results and where available, monitoring data showing no violations • All other areas “unclassifiable” • Areas with no SO2 monitors and no modeling would be “unclassifiable” • Areas with no or de minimis sources (i.e., no modeling necessary) would be “unclassifiable” • For nonattainment areas designated in June 2012 (effective August 2012), states must submit attainment demonstration SIPs to EPA within 18 months of the effective date (o/a February 2014) • Attainment date is 2017, probably based on 2014-2016 monitor data where applicable

  16. SO2 NAAQS Implementation (cont.) • 110(a)(1) SIP revisions addressing “unclassifiable” areas due no later than June 2013 • Consistent with providing for “implementation, maintenance, and enforcement” of the NAAQS, EPA expects these SIP revisions to demonstrate, through refined modeling, that sources contributing to monitored and modeled violations will be sufficiently controlled to ensure timely attainment and maintenance of the new SO2 NAAQS • Timely expected to mean no later than the attainment date for nonattainment areas (o/a August 2017) • EPA plans to issue additional SIP guidance after an opportunity for public review and comment • This will include additional modeling guidance for SIP attainment demonstrations • On August 23, 2010, EPA provided guidance on screening tools for NSR and PSD (SILs, SMC, and SER) http://www.epa.gov/NSR/guidance.html

  17. EPA Actions on RH SIPs • No final action on any Regional Haze SIPs to date • Proposals: • BART FIP for NOx for the Four Corners Power Plant, NM • Consent Decree (WildEarth Guardians): deadline for final action is Aug 2011 • Approval of BART for Idaho (no action on Reasonable Progress) • Consent Decree (WildEarth Guardians): deadline for final action is 6/22/11 • Approval of BART for Oregon (no action on Reasonable Progress) • Consent Decree (WildEarth Guardians): deadline for final action is 6/22/11 • Approval of California's entire regional haze SIP • Consent Decree (WildEarth Guardians): deadline for final action is 5/10/11 • BART FIP for SO2 for 3 EGUs (6 total units) for Oklahoma • Consent Decree (WildEarth Guardians): deadline for final action is 5/10/11

  18. EPA Actions on RH SIPs (cont.) • Possible upcoming BART FIP for NOx for several sources in North Dakota • Consent Decree (WildEarth Guardians): deadline for proposal is 7/21/11 • EPA has received notices of intent to sue from multiple environmental groups for: • Failure to take action on submitted SIPs that did not receive a 'finding of failure to submit' notice in January 2009 • Failure to promulgate FIPs for states that did receive a 'findings' notice • Would apply to all 50 states plus DC and the Virgin Islands • We are negotiating settlement schedules to take final action on all of these SIPs/FIPs

  19. 5-year reviews & 2018 RH SIP revisions • We do not currently expect to issue formal guidance on 5-year reviews • Regions will work with states as needed to clarify expectations • Need to fully satisfy RH rule requirements (51.308(f) and 51.308(g)) • Comprehensive SIP revision due July 31, 2018, with revised reasonable progress goals, if necessary • Planning a future meeting with RPOs to discuss the requirements, answer questions, and develop a strategy to meet the requirements • We are interested in your ideas on possible changes in the rules or the guidance • Consistent with the recent Executive Order encouraging federal agencies to "look back" at current rules • If there is a need to make adjustments, we would need to get them underway soon

  20. Co-Regulator Input Opportunities Exceptional Events 2018 Regional Haze SIP requirement Transport Rule 2 Developing GHG general permits SIP and PSD rules/guidance for revised PM standards Designations guidance for revised PM standards Procedures for modeling background concentrations for PM2.5 SIP and PSD rules/guidance for NOx/SOx Secondary NAAQS Update AERR for Reporting Lead Emissions Streamlining the SIP Process Improving Title V implementation (2006 Task Force recommendations)

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