U.S. EPA Region 4

Air Quality Update

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Beverly Banister, Director

Air, Pesticides and Toxics Management Division

U.S. Environmental Protection Agency, Region 4

CAPCA - CAROLINAS

April 9, 2015
Presentation Overview

• EPA Region 4: APTMD Reorganization 

• EPA: The Year Ahead

• Regulatory Updates

 NAAQS Reviews and Implementation 

 Interstate Transport “Good Neighbor” Provision

 Startup, Shutdown, and Malfunction SIP Call

 Mercury and Air Toxics Reconsideration

 Tier 3 Vehicle Emission and Fuel Standards Program

 EPA Actions to Reduce Carbon Pollution

• Making a Visible Difference in the Communities 

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Communities 

Support Section

Vacant

Air Data and 

Analysis Section

Todd Rinck

Air Regulatory 

Management 

Section

Lynorae Benjamin

Air Permitting 

Section

Heather Ceron

North Air 

Enforcement and 

Toxics Section

Richard Dubose

South Air 

Enforcement and 

Toxics Section

Todd Russo

Chemical Management 

and Emergency Planning 

Section

Vacant

Pesticides Section

Kimberly Bingham

Lead & Asbestos 

Section

Steve Scofield

Air Analysis and 

Support Branch

Gregg Worley

Air Planning & 

Implementation 

Branch

Scott Davis

Air Enforcement & 

Toxics Branch

Beverly Spagg

Chemical Safety & 

Enforcement Branch

Anthony Toney

Air, Pesticides & Toxics Management Division

Beverly H. Banister, Director

Carol L. Kemker, Deputy Director

Jeaneanne M. Gettle, Deputy Director

Immediate Office Staff

Grants and Strategic Planning Office

Region 4 Air, Pesticides, and Toxics Management Division Reorganization

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Administrator 

Gina McCarthy

EPA: The Year Ahead

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Comparative National Trends since 1980

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NAAQS Reviews: Status Update

(as of March 2015)

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

Feb 9-11, 

2015

Kickoff 

workshop

(see 79 FR 

71764)

TBD3

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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
• Lead

• Ozone

• PM2.5

• SO2

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NAAQS Schedules and Implementation

http://www.epa.gov/ttn/naaqs/ 
•Revised NAAQS in 2008, primary and secondary standard is 0.15 

micrograms per cubic meter (μg/m3) as a 3-month average concentration 

of lead in total suspended particles (Pb-TSP)

•21 nonattainment areas designated in 2010-2011

• 2 of the 21 areas now have clean data determinations

• Issued findings of failure to submit attainment SIPs in February 2014 for 3 

nonattainment areas

• NOI received in June 2014 from Center for Biological Diversity, Center for 

Environmental Health and Clean Air Council to require EPA to issue 

findings of failure to submit attainment plans (for 4 more areas) and 

failure to act on attainment plan submissions (for 6 areas)

• Complaint also received and consent decree currently being negotiated.

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Lead NAAQS

http://www.epa.gov/ttn/naaqs/ 
2015 Ozone NAAQS Review

• November 25, 2014 - EPA proposed to strengthen the NAAQS 

for ozone: 65 to 70 ppb (current level is 75 ppb)

– taking comment on lower levels including 60 ppb and on retaining the 

current standard

– Proposed to retain the current 

indicator, averaging time, and form 

• Public comment period ended 

March 17, 2015

• Held 3 Public hearings

• Final Rule signed by October 1, 2015

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http://www.epa.gov/airquality/ozonepollution/actions.html 9
• December 14, 2012 – EPA promulgated 2012 annual PM2.5 

NAAQS (12.0 μg/m3)

• December 18, 2014 – Administrator signed final area 

designations for most areas of the country (based on 2011-

2013 data)

– Final designation decisions include 14 nonattainment areas involving 6 

states, plus several unclassifiable areas, and the deferral of final decisions 

for up to 1 year for several areas

– Published on January 15, 2015; effective April 15, 2015

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2012 PM2.5 NAAQS Designations 

http://www.epa.gov/airquality/particlepollution/ 
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2010 SO2 NAAQS Designations

http://www.epa.gov/airquality/sulfurdioxide/implement.html
• March 2, 2015: The U.S. District Court, Northern District of CA granted a joint 

motion between EPA, Sierra Club, and NRDC to approve and enter the proposed 

consent decree for EPA to issue designations for the 2010 primary SO2 NAAQS 

for all areas of the country that remain undesignated

• Notably, the Court found that the consent decree is procedurally and 

substantively fair and reasonable, and simultaneously overruled objections to the 

consent decree

• All other pending motions have been denied by the Court as moot 

• July 2, 2016: EPA required to issue an additional round of 

designations according to criteria in the consent decree

• On March 20, 2015, EPA released letters to the 28 impacted states.

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SO2 Consent Decree

http://www.epa.gov/airquality/sulfurdioxide/implement.html
• No later than July 2, 2016, designations for two groups of 

areas: 

– Areas that have monitored violations of the 2010 SO2 standard 

based on 2013 – 2015 air quality data 

• Based on preliminary data, EPA has identified 6 counties with monitors that 

are newly violating the standard

– Areas that contain any stationary source not announced for 

retirement that according to EPA’s Air Markets Database emitted 

in 2012 either: 

• (a) more than 16,000 tons of SO2, or 

• (b) more than 2,600 tons of SO2 and had an average emission rate of at 

least 0.45 lbs SO2/mmbtu. 

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SO2 Consent Decree & Designations
• CSAPR upheld by the U.S. Supreme Court

– More issues related to CSAPR litigation being addressed by U.S. District Court

• January 22, 2015 – EPA released memorandum entitled “Information 

on the Interstate Transport ‘Good Neighbor’ Provision for the 2008 

Ozone National Ambient Air Quality Standards under Clean Air Act 

Section 110(a)(2)(D)(i)(I)”

– Includes discussion of elements that have been used previously to address 

interstate transport

– Provides EPA’s preliminary air quality modeling data for ozone for the year 2018

• Continuing dialogue with the States on how to address these 

requirements

Interstate Pollution Transport Update

www.epa.gov/airtransport

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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, including all 8 SE States and 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; comment period closed 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 15
• December 21, 2011: EPA final standards 

to limit mercury, acid gases and other toxic

pollution from new and existing electric 

generating units (EGUs)

• Court Challenges:

• December 2013: DC Circuit Court of 

Appeals hears challenges to MATS

• April 15, 2014: The DC Circuit issued its 

ruling upholding MATS

• November 25, 2014: SCOTUS announced it will review whether the EPA “unreasonably refused to consider costs” 

when it determined that it was appropriate to regulate hazardous air pollution from power plants

• November 7, 2014: EPA completed its reconsideration of the startup and shutdown provisions applicable 

to coal- and oil-fired electric utilities under MATS

• Final rule includes updated definitions and work practice standards

• Adjusts certain monitoring and testing requirements related to periods of startup and shutdown

• December 19, 2014: EPA proposed technical corrections to MATS

• March 9, 2015: EPA issued an interim final rule for MATS E-Reporting

Mercury Air Toxics Standard (MATS)

www.epa.gov/mats

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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

Asthma Attacks 130,000

Hospital and Emergency Room Visits 5,700

Restricted Activity Days 3,200,000

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Tier 3 Vehicle Emission and Fuel Standards Program

 March 3, 2014: EPA Finalizes Tighter Vehicle and Fuel 

Standards to Reduce Emissions

o 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

o 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

 February 2, 2015: EPA Issues Amendments to Lightduty Tier 3 Vehicle and Fuel Standards and Other 

Nonroad and Fuel Provisions

http://www.epa.gov/otaq/tier3.htm

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EPA Actions to Reduce GHG 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”)

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EPA is working to develop carbon pollution standards, regulations or 

guidelines, as appropriate, for:

1. New power plants

• Proposed January 8, 2014

• Final Summer 2015

2. Modified and reconstructed

power plants

• Proposed June 2014

• Final Summer 2015

3. Existing power plants

• Proposed Guidelines June 2014

• Final Guidelines Summer 2015

• State Plans due Summer 2016

• Proposed Federal Plan summer 

2015 (final ready summer 2016)

CO2 Requirements for Fossil Fuel-Fired Power Plants

http://www.epa.gov/cleanpowerplan

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• EPA is committed to working with our states as co-regulators 

in development of their plans 

– We will identify assistance needs and resources to meet those needs 

– We have dedicated specific staff to work with states on their plans 

– Regional staff will also work closely with HQ to provide consistency 

across the process 

EPA Assistance to the States 

http://www.epa.gov/cleanpowerplan 20
• Resources available now in the 

Clean Power Plan Toolbox include: 

– Clean Power Plan Documents and 

Resources 

– Technical Resources for Reducing CO2from 

Power Plants

– Policies and programs for reducing CO2from 

the power sector 

– Tools for assessing energy efficiency and 

renewable energy policies and programs

• You can register to receive alerts when 

EPA adds new implementation 

resources to the CPP toolbox 

Clean Power Plan Toolbox 

http://www2.epa.gov/cleanpowerplantoolbox 

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Addressing Methane

• January 14, 2015: EPA outlined a series of steps it plans to take to 

address methane and smog-forming VOC emissions from the oil and gas 

industry

• The agency’s strategy will:

o Reduce methane pollution from new 

sources in this rapidly growing industry

o Reduce ozone-forming pollutants from 

existing sources in areas that do not 

meet federal ozone health standards

o Build on work that states and industry 

are doing to address emissions from 

existing sources elsewhere

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

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Making a Visible Difference in Communities

• EPA and its partners must work every day to improve the health of 

American families and protect the environment one community at a time, 

all across the country

– Enhance the livability and economic vitality of neighborhoods

– Strengthen relationship with America's 

agricultural community

– Support green infrastructure to manage urban 

waters

– Reduce air pollution along roadways, 

railways and 

at ports

– Consider the impacts of our decisions on environmental justice communities

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Thank you!

Questions?

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