UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4

Mr. Lance R. LeFleur Director Alabama Department of

Environmental Management P.O. Box 301463 Montgomery, Alabama 36130-1463

Dear Mr. LeFleur: ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 

### APR 10 2015

I amwriting to update you onthe status ofthe Greene County Electric Generating Plant located in Greene County, Alabama, inrelation to the U.S. Environmental Protection Agency's efforts to implement the primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02) set in 2010 at75 parts perbillion (ppb) as a 1-hour average. OnMarch 20, 2015, the Acting Assistant Administrator informed you that the U.S. District Court for the Northern District ofCalifornia accepted

as an enforceable order an agreement between the EPA and Sierra Club and Natural Resources Defense Council to resolve litigation concerning the deadline for completing the remainder ofdesignations for the 2010 S02 standard. The court's order directs the EPA to complete designations in three additional rounds: the first round byJuly 2, 2016; the second round by December 31, 2017; and the final round by December 31, 2020. In the first round ofdesignations, the EPA will designate two groups ofareas: 1)

areas thathave newly monitored violations ofthe 2010 S02 standard; and 2) areas that contain any stationary source that according to the EPA's Air Market's Database either emitted more than 16,000 tons ofS02 in 2010 oremitted more than 2,600 tons ofS02 andhad an emissionrate ofat least 0.45lbs SO:Ymillion metric British thermal units (mmbtu) in 2012 and that has notbeen announced for retirement (as ofMarch 2, 2015).

In the EPA's March 20, 2015, letter to you, we named the Greene County Electric Generating Plant as meeting the emissions-based criteria established in the court's order. Specifically, the plant was identified as emitting 32,461 tons ofS02 in 2012 with an emissions rate of2.678lbs SO:Ymmbtu. The EPAhas since received additional information from your staffsupporting the fact that the facility meets the "announced for retirement" criteria established in the court's order, 

### i.e., announced for retirement

means any stationary source in the United States with a coal-fired unit that as ofJanuary 1, 2010, had a capacity ofover 5 megawatts and thathas been announced as ofMarch 2, 2015, that it will cease burning coal at that unit through a companypublic announcement, public utilities commission filing, consent decree, public legal settlement, fmal state or federal permitfiling or other similar means of communication.

After evaluating the supplemental information that your staffhas provided, the EPA agrees that the court's order does not direct the EPA to designate the area surrounding Greene County Electric Generating Plant byJuly 2, 2016. As a result, there are no sources in your state meeting the criteria established in the court's order for the round ofdesignations that the EPA will completeby that date.

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)The remainder ofthis letter provides information and resources that maybe ofuse throughout the entirety ofthe designations process, including the rounds ofdesignations that the court has ordered the EPA to complete by December 31,2017, and December 31,2020. The designations to be completedby December 31, 2017, would address areas where states have not installed and begun operating a new S02 monitoring network meeting the EPA's specifications referenced in ourproposed rule titled, "Data Requirements Rule for the 1-hour S02 primary NAAQS." This rule, which was proposed in the Federal RegisteronMay 13, 2014, would direct state and tribal air agencies to provide data to characterize current air quality in areas with large sources ofS02ifsuch areas do not have sufficient air quality monitoring in place to identify maximum S02 concentrations. The additional modeling and monitoring data collectedbythe EPA as a result ofthis proposed rule, once promulgated and implemented, would beused in the designations process bothfor the 2017 and 2020 deadlines. To guide these remaining designations, the EPAhas updated its March 24, 2011, designation guidance for the 2010 S02 standard to support analysis ofdesignations and boundaries for these next rounds ofdesignations. The EPAhas also provided two technical assistance documents that provide advice onthe use ofmodeling and monitoring data when determining ifan area is meeting ornot meeting the 2010 S02 standard. Each of these three documents canbe found onthe EPA's website at http://epa.gov/airquality/sulfurdioxide/implement.html. TheEPA will provide states with additional information onthe designations process associated with these later deadlines at a later date.

Welookforward to continued dialogue with you and your staffas we work together to implement the 2010 S02 standard and achieve its intended public health protection. For additional information regarding designations for the 2010 S02 standard, please visit our website at www.epa.gov/so2designations. Should you have any questions, please do nothesitate to call me or BeverlyBanister ofmy staffat 404-562-9326 and banister.beverly@epa.gov.

Enclosure

cc: Ronald W. Gore, Chief Air Division, ADEM

Jonathan Stanton, Director Jefferson County Department ofHealth

Daniel E. Shea, Director

# s~~4J**~Heather** McTeerToney 

# '1' -Regional Administrator

Division ofNatural Resources, City ofHuntsvilleENCLOSURE

TIMELINE FOR 2010 PRIMARY SOz NAAQS DESIGNATION PROCESS FOR AREAS ASSOCIATED WITH JULY 2, 2016, COURT-ORDERED DEADLINE* Milestone Date** Court Order March 2, 2015 Impacted states [and tribes] may submit No later than September 18,2015 updated recommendations and supporting information for area designations to the EPA TheEPAnotifies impacted states [and tribes] o/aJanuary 22, 2016, but absolutely no later concerning any intended modifications to than 120 days prior to fmal designations, 

### i.e., their recommendations (120-day letters) March 2, 2016 TheEPApublishes public notice ofstate o/aFebruary 3, 2016 recommendations and the EPA's intended modifications and initiates 30-day public commentperiod End of30-day public commentperiod o/a March 4, 2016 Impacted states [and tribes] provide additional o/aApril 8, 2016 information to demonstrate why anEPA modification is inappropriate The EPA promulgates final SOz area No laterthan July 2, 2016 designations (no later than 16 months from Court Order)

*Thecourt's order also directs the EPA to promulgate additional rounds ofdesignations byDecember 31, 2017, and byDecember 31, 2020.

** o/a =on or about