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

TBD3

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

• PM2.5

• SO2

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 PM2.5 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 

PM2.5. 

• 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 PM2.5 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) 

• SO2Strategy 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 SO2 NAAQS Implementation
12

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
Supreme 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
Preliminary 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 21st 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 move 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