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EPA’s Air Priorities
GA AWMA
Regulatory Update Conference
May 1, 2014
Beverly Banister
Air, Pesticides and Toxics Management Division
U.S. Environmental Protection Agency, Region 4
EPA Regulatory Updates
• Clean Air
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National Ambient Air Quality Standard (NAAQS) Update
Mercury Air Toxics Standard
Boiler Rule
Startup, Shutdown and Malfunction (SSM) SIP Call
Interstate Transport Rule
Tier 3 Vehicle Emission and Fuel Standards Program
• Action on Climate Change
• President’s Action Plan on Climate Change
• Reducing Carbon Pollution from Power Plants
• Additional Climate Change Activities
• Enforcement
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EPA’s National Enforcement Initiatives
NSR/PSD
Air Toxics
Energy Extraction
Next Generation Compliance
NAAQS Reviews: Status Updates
(as of March 2014)
2008 Ozone NAAQS Implementation
2010 SO2 NAAQS
• Revised Primary 8-hr Ozone Standard in 2008 (.075 ppm/8-hr)
• EPA designations for the 2008 Ozone NAAQS effective on July
20, 2012
– Litigation on certain final area designations
– Petition seeking redesignation of areas designated as
attainment to nonattainment
• 2008 Ozone NAAQS SIP Requirements Rule
– Proposed May 29, 2013 (78 FR 34178)
– Anticipate final rule in Fall 2014
– Attainment plans and demonstrations due July 2015
(Moderate) or July 2016 (Serious and above)
Current Ozone NAAQS Review
2010 SO2 NAAQS
• Litigation over current Ozone NAAQS Review
• EPA Tentative Dates
– Proposal date – January 15, 2015
– Final date – November 15, 2015
• Dates Requested by Litigants
– Proposal date – December 1, 2014
– Final date – October 1, 2015
• Dates subject to resolution of deadline suit
2012 PM2.5 NAAQS Designations Timeline
August 14, 2014
120-day letters to States and Tribes
August 29, 2014
Federal Register published
September 29, 2014
Close of public comment period
October 29, 2014
Deadline for State and Tribal comments on
EPA's intended designations
December 12, 2014
Final area designations
2015 and beyond
Near-road monitors installed and
producing data
2010 SO2 NAAQS Implementation
2010 SO2 NAAQS
• Revised Primary SO2 Standard: June 2010 (75 ppb/1-hr)
• SO2 Area Designations and Implementation Strategy released
February 2013
• Designations and Implementation Guidance and Assistance
– Issued PSD permit modeling guidance documents applicable
to the 1-hr SO2 NAAQS on August 23, 2010 and March 1,
2011
– Technical Assistance Documents for modeling and
monitoring issued December 2013
– For more information including strategy and guidances visit:
• http://www.epa.gov/airquality/sulfurdioxide/implement.html
2010 SO2 NAAQS Area Designations
2010 SO2 NAAQS
• Initial nonattainment area designations based on violating
monitors, were effective October 4, 2013
– 29 areas in 16 states designated
• Attainment plans due April 2015
• Judicial challenges filed for three areas designated NA and regarding EPA’s
approach to designations in general
• Strategy includes two additional future rounds of initial
designations based on modeling (2017) and monitoring (2020)
data to be submitted by states
• Deadline suits filed by Sierra Club and several states requesting
court to order EPA to issue final designations for all remaining
areas with timeframes ranging from a couple months to 2 years
from date of order
2010 SO2 NAAQS Implementation
2010 SO2 NAAQS
• SO2 Data Requirements Rule
– Objective is to provide information to EPA in an orderly fashion to inform
initial area designations for areas not designated in 2013
– Proposal issued April 17, 2014 and final in late 2014
• 1-hr SO2 NAAQS Nonattainment SIP Elements Guidance
– Objective is to provide assistance to areas developing their
nonattainment area plans
– Draft provided for air agency review in October 31, 2013
– Issued in April 2014
• Status of next SO2 NAAQS Review (primary and secondary)
– At the beginning stages of the review
Mercury Air Toxics Standard (MATS)
• December 21, 2011: EPA final standards
to limit mercury, acid gases and other toxic
pollution from new and existing electric
generating units (EGUs)
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The Mercury and Air Toxics
Standards Will Prevent:
Once Implemented
(cases each year)
Premature Death
Up to 11,000
Chronic Bronchitis
2,800
Heart Attacks
4,700
Applicability: Units >25 MW that burn
Asthma Attacks
130,000
coal or oil for the purpose of generating
Hospital and Emergency Room Visits
5,700
electricity for sale and distribution through
Restricted Activity Days
3,200,000
the national electric grid to the public
Existing sources: Can have up to 4 years to comply with MATS
Pathway for reliability: Critical units to obtain a schedule with up to an additional
year to achieve compliance
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December 2013: DC Circuit Court of Appeals hears challenges to MATS
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April 15, 2014: The DC Circuit issued its ruling upholding MATS
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http://www.epa.gov/mats/ and http://ferc.gov/media/news-releases/2012/2012-2/05-17-12-E-5.asp
Boiler Rule Updates
 February 28, 2014 - EPA filed a motion asking
the U. S. Circuit Court of Appeals for the
District of Columbia to give the agency time
to update a small set of standards that apply
to less than 0.5% of all existing boilers and
incinerators as well as some standards that
affect new incinerators and boilers
 March 21, 2011 - EPA promulgated final rules
 December 20, 2012 - EPA finalized a specific
set of adjustments to the standards
 Will avoid up to 8,100 premature deaths,
5,100 heart attacks, and 52,000 asthma
attacks
 Cost effective, with EPA estimating
that Americans will receive $13 to $29 in
health benefits for every dollar spent to meet
the final standards
Reminders:
March 21, 2014: Compliance date for area source
boilers under the Boiler MACT
January 31, 2016: Compliance date for major source
boilers
Startup, Shutdown, and Malfunction (SSM)
SIP Call
• 6/30/11– Sierra Club petitioned EPA for rulemaking regarding
SSM provisions in State Implementation Plans (SIPs).
– Nationally - 39 states & 7 locals noted in the petition
• Includes all 8 Southeastern States & 4 locals
– Settlement set schedule for proposed/final rules, SIP call
• 2/12/13 Proposed rule:
– 36 states submit their revised state plans to the Agency.
– Revised SIPs will require industrial facilities to follow air pollution
rules during SSM.
– 5/14/14 – Deadline for EPA action on final rule completion date
– States will have 18 months to submit SIPs following effective date
of final rule
Interstate Pollution Transport Update
2010 SO NAAQS
• U.S. Supreme Court granted EPA’s2petition for review of the D.C.
Circuit’s decision in EME Homer City which vacated the Cross State Air
Pollution Rule (CSPAR)
– Oral argument was held on December 10, 2013
• CSAPR requires states to significantly improve air quality by reducing
power plant emissions that contribute to ozone and/or fine particle
pollution in other states
• On April 29, 2014, the Supreme Court reversed the DC Circuit opinion
and remanded it back to the appeals court for further proceedings
“Today’s Supreme Court decision is a resounding victory for public health and a key component of
EPA’s efforts to make sure all Americans have clean air to breathe. It serves to support the ongoing
work to see that air quality in downwind states continues to improve. The Court’s finding also
underscores the importance of basing the agency’s efforts on strong legal foundations and sound
science. This is a big win for the nation’s public health and a proud day for the agency.”
Gina McCarthy, EPA Administrator
Tier 3 Vehicle Emission and Fuel
Standards Program
 March 3, 2014 - EPA Finalizes Tighter
Vehicle and Fuel Standards to Reduce
Emissions
 Starting in 2017, Tier 3 sets new vehicle
emissions standards and lowers the sulfur
content of gasoline, considering the
vehicle and its fuel as an integrated system
 Emission reductions from the Tier 3
program will lead to immediate air quality
improvements that are critically important
for States to attain and maintain the
existing health-based NAAQS
http://www.epa.gov/otaq/tier3.htm
Addressing Climate Change:
President’s Action Plan on Climate Change
• June 25, 2013: President announced his plan to cut
carbon pollution and prepare the U.S. for the impacts of
climate change
 Reduce carbon emissions from power plants
 Build a 21st Century transportation sector
 Develop post-2013 fuel economy standards for
heavy-duty vehicles
 Cut energy waste from our homes, businesses,
and factories
 Help states and cities prepare for the impacts
of climate change
 Lead global efforts to address
climate change
http://www.whitehouse.gov/share/climate-action-plan
Reducing Carbon Pollution From
New Power Plants
• Proposed standards of performance only apply to
new electric utility generating units >25 MW.
• EPA standards of performance for:
– Natural gas fired stationary combustion turbines
• 1,000 lbs CO2/MWh-gross for large units
(>850 mmBtu/hr)
• 1,100 lb CO2/MWh-gross for smaller units
(≤850 mmBtu/hr)
– Fossil fuel-fired utility boilers and Integrated
Gasification Combined Cycle units
• 1,100 lb CO2/MWh-gross over a 12-month
operating month period, or
• 1,000-1500 lb CO2/MWh-gross over a 7-year
period
http://www2.epa.gov/carbon-pollution-standards
New power plants—111(b)
Proposal: September 20, 2013
Public comment period:
Extended by 60 days to May 9,
2014
Reducing Carbon Pollution From
Existing Power Plants
• EPA will issue proposed Federal
Existing power plants—111(d)
guidelines in June 2014. In
Proposed Guidelines: June 2014
preparation, EPA has:
Final Guidelines: June 2015
– Worked in partnership with
State Plans due: June 2016
states
– Built on states’ leadership and
experience with programs that
reduce GHGs
– Begun the process of developing
guidelines using an open and
transparent regulatory process
– Engaged the public, industry,
states and key groups through
listening sessions throughout the
country
http://www2.epa.gov/carbon-pollution-standards
Additional Climate Change
Activities
• Final Mobile Source Emission and CAFE Standards
o Extends passenger vehicle program
to model year 2017 through 2025
 Average163 grams CO2 per mile,
54.5 mpg in model year 2025
o CAFE standards for medium-sized and heavy trucks
 Our program will continue to on standards already in place
for model years 2014-18
• 2012 Climate Change Indicators Report
o EPA has compiled an updated set of 26 indicators tracking signs
of climate change
www.epa.gov/climatechange
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EPA’s National Enforcement Initiatives
Cutting Air Pollution That Affects Communities’ Health: MACT Standards
Reducing Widespread Pollution from Largest Sources : New Source Review
and Prevention of Significant Deterioration Sector Focus--Utilities, Cement,
Glass and Acid Sectors
Clean Water: Keeping raw sewage and contaminated stormwater out of
waters; Preventing animal waste from contaminating surface and
groundwater
Clean Communities: protect people from exposure to hazardous chemicals
and require polluters to pay for cleanup of contaminated sites
Reducing Pollution from Mineral Processing
Assuring Energy Extraction Sector Compliance with Environmental Laws
Next Generation Compliance
 More effective rules
Effective
Rules
 Advanced monitoring
technology
Innovative
Enforcement
Advanced
Monitoring
 Electronic reporting
 Increased transparency
Transparency
 Innovative enforcement
Electronic
Reporting
The Changing Paradigm of Air Monitoring
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2010
SO
NAAQS
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The air pollution monitoring paradigm
is rapidly changing due to recent
advances in:
– The development of portable, lower-cost
air pollution sensors reporting data in
near-real time at a high-time resolution,
– Increased computational and visualization
capabilities, and
– Wireless communication/infrastructure.
Snyder et al., ES&T, August 2013
http://pubs.acs.org/doi/abs/10.1021/es4
022602
Thank you!
Questions?