1 

### Chang, Andy

From: Jones, Rhea Sent: Wednesday, January 13, 2016 7:21 AM To: Chang, Andy Cc: Mathias, Scott Subject: FW: SO2 air dispersion modeling: H.A. Wagner (Maryla nd) Attachments: 2014 01 16 Draft COMAR 26.11.39 - SO2.pdf; 2014 02 12 MDE SO2 Modeling Presentation.pdf

Looking at this now, but Andy, please forward to R3 . Thanks!

**From:** Joshua Berman [mailto:josh.berman@sierraclub.org] **Sent:** Tuesday, January 12, 2016 8:36 PM **To:** Mathias, Scott <Mathias.Scott@epa.gov> **Cc:** Jones, Rhea <Jones.Rhea@epa.gov>; Zachary Fabish <z achary.fabish@sierraclub.org> **Subject:** Re: SO2 air dispersion modeling: H.A. Wagner (Mary land)

Dear Ms. Jones and Mr. Mathias:

As a follow-up to the time series modeling that I p rovided last week, I wanted to briefly address a co uple of points in Maryland’s November 20, 2015 SO2 designation submission.

First, contrary to the State’s suggestion, the ambi ent monitor data collected during a two-month perio d in 2013 if anything supports a nonattainment designation—not an attainment designa tion—for the area around the Wagner and Brandon Sho res facilities. Notably, this is the only reported ambient monitor data that was col lected in any proximity to the Wagner and Brandon S hores facilities. Given its limited two-month duration, the occurrence of a maximum 1-h our SO2 concentration of 101.7 ppb at the monitor c losest to those plants during that time, and the fact that the monitoring was conducte d during the summer months even though Wagner Unit 2 has been operating at far higher capacity factors in winter than summer months in re cent years (and Unit 3’s operations show no seasonal bias), ev en a basic extrapolation the monitored results produces a 99 th percentile 1-hour maximum far in excess of the 75 ppb standard.

Second, in Attachment 6, the State indicates that o n January 15, 2016 it will “identif[y] federally en forceable emissions limits or permit conditions that may be needed to support the attain ment designation.” Unless those limitations have been fully reviewed and vetted by EPA to ensure they adequately maintain the SO2 NAAQS an d are already embodied in federally enforceable per mits or regulations, EPA cannot rely on the State’s unenforceable promise of potent ial future action as a basis for declining to propo se a nonattainment designation at this time. I also wanted to draw your attention to SO2 modeling that MDE previously completed for these pl ants and modeling-informed SO2 emission limits that MDE previously shared with sta keholders in early 2014. I have attached MDE's pre sentation to stakeholders from February 2014 in which MDE summarizes the results o f its modeling (as well as Sierra Club's prior mode ling) and explains the unit-specific emission rates necessary to ensure compliance with the 1-hour SO2 NAAQS. Shortly before that stakehol der meeting, MDE released to stakeholders a draft SO2 regulation (attached) that includes modeling-informed unit- or plant-specific emission rates. EPA should review with special care any newly proposed emission limit ations that differ meaningfully from those identified by Maryland as requisite to maintain the NAAQS in 2014.

Finally, the State indicates that it will be submit ting “further emissions and modeling analyses and i nformation” in “early 2016.” To date, EPA has not posted any additional submissions on it s State Designations webpage. If EPA has or receiv es any additional submissions from Maryland, I would appreciate if you could post thos e on the website and/or provide a copy to me.2 Thank you,

Josh



### On Tue, Jan 5, 2016 at 10:47 AM, Mathias, Scott < Mathias.Scott@epa.gov > wrote:

Mr. Berman,

On behalf of Ms. Jones, I’m acknowledging that we h ave received your email and its attachments pertain ing to the power plants located in the Baltimore area.

**Scott Mathias | Associate Director, Air Quality Pol icy Division | U.S. EPA, RTP, NC 27711 |**  **919.541.5310**

**From:** Joshua Berman [mailto: josh.berman@sierraclub.org ] **Sent:** Monday, January 04, 2016 4:19 PM **To:** Mathias, Scott < Mathias.Scott@epa.gov >; Jones, Rhea < Jones.Rhea@epa.gov > **Cc:** Fernandez, Cristina < Fernandez.Cristina@epa.gov >; Esher, Diana < Esher.Diana@epa.gov >; George Aburn -MDE-
< george.aburn@maryland.gov >; Zachary Fabish < zachary.fabish@sierraclub.org > **Subject:** SO2 air dispersion modeling: H.A. Wagner (Maryland )



### Ms. Jones and Mr. Mathias:

Per the attached cover letter, please find enclosed time series and steady-state sulfur dioxide air di spersion modeling for the H.A. Wagner, C.P. Crane, and Brand on Shores power plants located in the Baltimore are a in Maryland. This modeling was previously provided as an attachment to a June 18, 2015 letter to the Mar yland Department of the Environment, and is provided here again as an attachment along with the original Jun e 18th letter. CDs with the input and output files are be ing sent via FedEx and copied to the other recipien ts on this email.

If you have any questions, please let me know.

Thank you,

Josh3 

### --
Joshua Berman Staff Attorney
Sierra Club Environmental Law Program
50 F St. NW, 8th Floor
Washington, DC 20001

Tel: (202) 650-6062

Fax: (202) 547-6009

-- Joshua Berman Staff Attorney Sierra Club Environmental Law Program 50 F St. NW, 8th Floor Washington, DC 20001 Tel: (202) 650-6062 Fax: (202) 547-6009