# EPA Overview and Key

Regulatory Updates CAPCA Fall Meeting October 16, 2014 Beverly Banister, Director Air, Pesticides and Toxics Management Division

U.S. EPA; Atlanta, GA

# • Regulatory Updates

o Clean Air o Action on Climate Change o Enforcement 

# Outline

# NAAQS Reviews: Status Update (as of September 10, 2014 ) 

### Ozone Lead Primary NO2 

### Primary

SO2 

### Secondary NO2 

### and SO2 

### PM CO Last Review Completed (final rule signed) Mar 2008 Oct 2008 Jan 2010 Jun 2010 Mar 2012 Dec 2012 Aug 2011 Recent or Upcoming Major Milestone(s) 1 August 2014

Final REAs Final PA Dec 1, 2014 2 Proposed rule Oct 1, 2015 2 Final rule May 2014

Final PA 2014 Proposed rule June 2014

Final IRP Fall 2014 2 nd Draft ISA REA Planning Document Summer

2014 Final IRP Fall 2014

Draft IRP Kickoff

workshop for next review targeted for early 2015 TBD 3

1 IRP – Integrated Review Plan; ISA – Integrated Science Assessment; REA – Risk and Exposure Assessment; PA – Policy Assessment 2 Bold and underlined dates indicate court-ordered or settlement agreement deadlines 3 TBD = to be determined

Additional information regarding current and previous NAAQS reviews is available at: http://www.epa.gov/ttn/naaqs 3

# • Ozone

• PM 2.5


# • SO 2

4 

# NAAQS Schedules and Implementation

http://www.epa.gov/ttn/naaqs/

# 2015 Ozone NAAQS Review
• April 29, 2014 court issued ruling on schedule • Propose December 1, 2014 

### • Final October 1, 2015


## • The EPA staff conclusions for the primary and secondary standards 

## are based on consideration of: • The scientific evidence discussed in the Integrated Science Assessment • Estimates of Ozone exposures and risks estimated in the Health Risk 

### and Exposure Assessment • Advice received from CASAC • Consideration of public comments received as CASAC meetings

5 http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_index.html

# 2015 Ozone NAAQS Review
• EPA staff conclude available health evidence and exposure/risk information call into question the adequacy of the public health protection provided by 

## the current primary standard • EPA staff concluded it is appropriate to consider revising the level within the range of 70 ppb to 60 ppb 

## • EPA staff conclude available vegetation and ecosystem 

## effects evidence and exposure/risk calls into question the adequacy of the public welfare protection provided by the current secondary standard • EPA staff concluded it is appropriate to consider a range of levels from 17 to 7 ppm - hrs, expressed in terms of the W126 index

6 http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_index.html

# • 2012 PM2.5 NAAQS Designations

• 8/19/14: 120-day letters to States and Tribes
• 10/29/14: State/Tribal comments due on EPA's intended 

## designations
• 12/14: Final area designations for most areas*


## • 2015 and beyond: Near- road monitors installed and producing data

7 

# PM2.5 NAAQS Implementation

* Designations for some areas are deferred. Final designations for deferred areas expected no later than December 2015.



### http ://www.epa.gov/airquality/particlepollution/

# D.C. Circuit Upholds PM 2.5 

# NAAQS

National Association of Manufacturers (NAM) v. EPA (D.C. Cir. May 9, 2014) 

## • Industry petitioners challenged EPA’s 2013 PM2.5 NAAQS as arbitrary and capricious
• Court upheld all of EPA’s decisions as reasonable
• Significantly, Court gave “great deference” to EPA’s evaluation of scientific data

# Advance Program • The Advance Program is a collaborative effort by EPA, 

## states, tribes, and local governments to encourage emission reductions in attainment areas, to help them continue to meet the National NAAQS for ozone and PM 2.5 

## . 

## • Program Goals: • Help attainment areas to ensure continued health protection • Better position areas to remain in attainment • Efficiently direct available resources toward actions to address ozone and PM 2.5 

### problems quickly 

## • Ozone Advance began in April 2012 • PM Advance began in January 2013

## Participating Advance Program Areas (as of 8/14)

### • 2010 SO2 NAAQS Implementation

• SO2 area designation and implementation strategy , guidance, and assistance documents available (see http://www.epa.gov/airquality/sulfurdioxide/implement.html )


### • SO 2 

### Strategy provides for three rounds of designations :
• First round of designations • Promulgated on August 5, 2013 (effective October 2013) • Attainment SIPs due April 2015 • Attainment date October 2018 • Second round BASED ON MODELING by December 2017 ( effective by February 2018) • Attainment SIPs due August 2019 • Attainment date February 2023 • Third round BASED ON MONITORING by December 2020 ( effective by February 2021) • Attainment SIPs due August 2022 • Attainment date February 2026 

### • Proposed consent decree between U.S. and SC/NRDC could result in additional round of designations for source areas 11 

# 2010 SO 2 

# NAAQS Implementation12 

# Comparative Trends since 1980

## 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


### • 2/12/13 Proposed rule: • 36 states submit their revised state plans to the Agency • EPA ‘s proposed rule would ensure states have plans in place that require industrial facilities across the country to follow air pollution rules during times when the facility is starting up or shutting down, or when a malfunction occurs 

### • 9/5/14 Supplemental Proposal on Affirmative Defense Provisions : • Proposes to revise the 2/12/13 proposal to reflect a recent court opinion regarding affirmative defense provisions • Public hearing held October 7, 2014; comments accepted until November 6, 2014 • Re- negotiated signature deadline for the final notice is May 22, 2015 • States will have 18 months to submit SIPs following effective date of the final rule



### www.epa.gov/airquality/urbanair/sipstatus

## S upreme Court Upholds Cross-State Air Pollution Rule

EPA v. Homer City Generation ( S.Ct . April 29, 2014)


## • Rule requires 28 states to reduce emissions that contribute to ozone or fine particle pollution in other states • D.C. Circuit had vacated rule on basis that it violated the Clean Air Act • Supreme Court reversed • On 6/26/14 the U.S. government filed a motion with the 

## U.S . Court of Appeals for the D.C . Circuit to lift the stay of CSAPR • While the Court considers the motion, CAIR remains in place and no immediate action from States or affected sources is expected



### http://epa.gov/airtransport/

# Supreme Court GHG Permitting Decision
• The Supreme Court (SCOTUS) issued its decision on June 23, 2014 in Utility Air Regulatory Group (UARG) v EPA • At issue was whether EPA permissibly determined that its regulation of GHGs from new motor vehicles triggered permitting requirements under the CAA for stationary sources that emit GHGs 

## • Key outcomes of SCOTUS decision: • EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or title V permit • EPA could continue to require that PSD permits otherwise required based on emissions of non -GHG pollutants, contain limitations on GHG emissions based on the application of BACT 

### • On August 25, 2014, the D.C. Circuit Court of Appeals issued an order that parties file 

### motions to govern future proceedings in light of the Supreme Court’s decision on or before October 21, 2014 (extension from original due date of September 30, 2014)
15 http://www.epa.gov/nsr/ghgpermitting.html

# P reliminary Views of SCOTUS Decision
• EPA memorandum dated July 25, 2014, to Regional Administrators provided preliminary information on how to proceed: • EPA will continue to require carbon pollution limits in permits for the largest sources • EPA will no longer require permits for “step 2” sources (sources that triggered permitting requirements based solely on their GHG emissions)


## • The memo provided EPA’s preliminary views in response to questions regarding ongoing permitting requirements for “anyway sources” and some additional issues regarding permitting requirements for “step 2” sources


## • EPA does anticipate that many SIPs and approved title V programs will need to be revised in light of the SCOTUS decision

16 http://www.epa.gov/nsr/ghgpermitting.html

## Air Toxics – Report to Congress
• On August 21, 2014, EPA released the Second (and final) Integrated Urban Air Toxics Report to Congress


### • The report highlights some of the results achieved through EPA’s air toxics regulations, including: • 66% reduction in benzene • Nearly 60% reduction in mercury from man - made sources like coal -fired power plants • 84% decrease of lead in outdoor air • Removal of an estimated 1.5 million tons per year of air toxics from stationary sources, and approximately 3 million tons per year of criteria pollutants as a co - benefit of air toxics reductions • The removal of an estimated 1.5 million tons per year of air toxics from mobile sources -- a 50% reduction in mobile source air toxics emissions 

### • Even with this progress, additional work remains to improve our understanding of air toxics and to effectively reduce remaining risks, particularly in overburdened communities

http://www2.epa.gov/urban -air-toxics/second- integrated-urban -air-toxics-report-congress

## Air Toxics – Upcoming Rulemakings New Rule or Re-work Promulgation Deadline Status Comments § 112 Major Source Rules Brick & Struct. Clay Re-work due to Vacatur 9/24/15 Propose by 11/20/14 112(j) does apply Clay Ceramics Re-work due to Vacatur 9/24/15 Propose by 11/20/14 Utilities MACT Amendment to Final rule (for new sources) Promulgated 4/24/13 Proposed on 11/19/12 New comment period

opened on 6/25/13 Residual Risk Rules Ferroalloys Production New RTR Rule 2/27/15 Proposed on 11/23/11 Supp. Proposal on

5/30/14 Mineral Wool New RTR Rule 6/18/15 Proposed on 11/25/11 Supp. Proposal 10/15/14 Primary Aluminum New RTR Rule 8/14/15 Proposed on 12/6 /11 Supp. Proposal 11/13/14 Wool Fiberglass New RTR Rule 6/18/15 Proposed on 11/25/11 Supp. Proposal 10/15/14 Secondary Aluminum New RTR Rule 8/14/15 Proposed on 2/14/12 Supp. Proposal 11/13/14 Off-Site Waste Recovery New RTR Rule 2/27/15 Proposed on 7/2/14 Phospho. Acid Phosphate Fert. New RTR Rule 7/21/15 Propose by 10/21/14

# D.C. Circuit Upholds Mercury & Air Toxics Rule

White Stallion Energy Center v . EPA ( D.C. Cir., April 15, 2014)


## • Rule sets emission limits for coal - & oil -fired electric generating units
• Addresses mercury, filterable 

## particulate matter (surrogate for toxic metals) and hydrogen chloride (surrogate for acid gases)


## • D.C. Circuit rejected challenges from industry and environmental petitioners, giving deference to what it said are the EPA’s reasonable 

## decisions http://epa.gov/mats/

# Portland Cement Rule Challenge NRDC v. EPA (D.C. Cir. April 18, 2014)
• Upheld emissions- related provisions of EPA’s 2013 Rule as permissible • Vacated the Rule’s affirmative defense because it exceeds EPA’s statutory authority

http://www.epa.gov/airquality/cement/

### Office of Air and Radiation (OAR)

Region 4 is Sublead for Air Quality Monitoring 

### (Todd Rinck) Region 4 is Sublead for Climate Change, including

111(d) (Ken Mitchell) OAR Lead Region (Region 8)

21 

# R4 Sublead Responsibilities for FY15/16

# EPA Actions to Reduce Carbon Pollution

• Building a 21 st 

## century transportation sector • Cutting energy waste in homes, businesses, and factories • Reducing methane and HFCs • Preparing the U.S. for the impacts of climate change • Helping lead international efforts to 

## address global climate change • Reducing carbon pollution from power plants (e.g., EPA’s “Clean Power Plan”)

22

# Highlighting Energy Efficiency

• Thanks to Santee Cooper and Duke Energy for distributing ENERGY STAR certified bulbs
• 2014 Energy Star Partners of the Year Awardees • Food Lion and Bottom Dollar Food, Salisbury , NC and Hanesbrand , Winston -Salem, NC (Energy Management) • South Carolina Electric & Gas, Cayce, SC (Energy Efficiency Program Delivery) • Pentair Aquatic Systems, Sanford , NC (Product Manufacturer) • Nationwide Marketing Group, Winston Salem, NC (Retail Partner Award) • Cree, Inc., Durham, NC (Energy Efficient Product Design)


### • TOP CITIES - Most Energy Star certified buildings in 2014 • #11 - Charlotte, NC with 176 buildings, improved from 14th place last year • Small Cities - #10 - Mt. Airy, NC with 4 buildings 23 

### www.energystar.gov

### President’s June 2013 Directive to EPA:

Develop carbon pollution standards, regulations or guidelines, as appropriate, for: 1. New power plants • Proposed January 8, 2014 2. Modified and reconstructed power plants • Proposed June 2014 • Final June 2015 3. Existing power plants • Proposed Guidelines June 2014 • Final Guidelines June 2015 • State Plans due June 2016 

## GHG NSPS Requirements for Fossil Fuel - Fired Power Plants

http://www.epa.gov/cleanpowerplan 15

### This proposal will:
• Reduce carbon pollution from existing power plants, for which there are currently no national limits • Maintain an affordable, reliable energy system and will help m ove us toward a cleaner, more stable environment for future generations • By 2030, reduce nationwide carbon dioxide emissions, from the power sector by approximately 30% from 2005 levels, with significant reductions to begin by 2020
• Cut hundreds of thousands of tons of harmful particle pollution, sulfur dioxide and nitrogen oxides as a co- benefit • Proposal will avoid an estimated 2,700 to 6,600 premature deaths and 140,000 to 150,000 asthma attacks in 2030 • Provide important health protections to the most vulnerable, such as children and older Americans • Lead to health and climate benefits worth an estimated $55 billion to $93 billion in 2030 • From soot and smog reductions alone, for every dollar invested through the Clean Power Plan - - American families will see up to $7 in health benefits 25 

# Summary - 111(d) Existing Power Plant Proposal

# Next Steps
• The proposed rule, as well as information about how to comment and supporting technical information, are available 

## online at: http://www.epa.gov/cleanpowerplan

• EPA held 4 public hearings the week of July 28th 

## in Denver , Atlanta , Pittsburgh and Washington, D.C. – over 2,700 people 

## attended
• Comments are due December 1, 2014
• Comments on the proposal should be identified by Docket ID Number: EPA- HQ-OAR-2013-0602 26

# EPA’s National Enforcement Initiatives

Cutting Air Pollution That Affects Communities’ Health: MACT Standards
Clean Water: Keeping raw sewage and contaminated stormwater out of waters; Preventing animal waste from contaminating surface and groundwater Reducing Pollution from Mineral Processing Assuring Energy Extraction Sector Compliance with Environmental Laws Reducing Widespread Pollution from Largest Sources : New Source Review and Prevention of Significant Deterioration Sector Focus -- Utilities, Cement, Glass and Acid Sectors Clean Communities: protect people from exposure to hazardous chemicals and require polluters to pay for cleanup of contaminated sites

# Questions?

28