EPA Overview and 

Key Regulatory Updates

A&WMA Southern Section Meeting

September 11, 2014

Carol Kemker

Air, Pesticides and Toxics Management Division 

U.S. Environmental Protection Agency, Region 4 
Presentation Overview

• Meeting the Challenges Ahead

• Regulatory Updates

 Executive Order on Improving 

Chemical Facility Safety and Security

 Clean Air

 Action on Climate Change

 Enforcement
1. Making a Visible Difference in Communities 

Across the Country

2. Addressing Climate Change and Improving Air 

Quality

3. Taking Action on Toxics and Chemical Safety

4. Protecting Water: A Precious, Limited Resource

5. Launching a New Era of State, Tribal, and Local 

Partnerships

6. Embracing EPA as a High Performing Organization

7. Working Toward a Sustainable Future

EPA: Meeting the Challenges Ahead

Administrator 

Gina McCarthy
• On August 1, 2013, the Executive 

Order on Improving Chemical Facility 

Safety and Security directed the 

Federal Government to:

– improve operational coordination with 

state and local partners; 

– enhance Federal agency coordination and 

information sharing; 

– modernize policies, regulations and 

standards; and 

– work with stakeholders to identify best 

practices. 

Executive Order on Improving Chemical 

Facility Safety and Security
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

Feb 2014 

2

nd Draft REAs 

2

nd Draft PA

Mar 25-27, 

2014

CASAC review 

meeting

Dec 1, 2014*

Proposed rule

Oct 1, 2015*

Final rule

Spring 

2014

Final PA

2014

Proposed 

rule

Nov 2013 

1

st Draft ISA

Feb 2014

Draft IRP

Mar 12-13, 

2014

CASAC review 

meeting

Mar 2014

Draft IRP

Apr 22, 

2014

CASAC 

review 

meeting

Mar 4-6, 

2014

Kickoff 

workshop for 

next review

Summer 

2014

Draft IRP

Kickoff 

workshop 

for next 

review 

targeted 

for early 

2015

Kickoff 

workshop 

for next 

review 

targeted 

for 2015

1

IRP – Integrated Review Plan; ISA – Integrated Science Assessment; REA – Risk and Exposure Assessment; PA – Policy Assessment

* Court ordered dates per April 29, 2014 ruling

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

NAAQS Reviews: Status Updates

(as of May 2014)

Dec 1, 2014*

Proposed rule

Oct 1, 2015*

Final rule
2012 PM2.5 NAAQS Designations Timeline

August 14, 2014 120-day letters to States and Tribes

August 29, 2014 Federal Register published

September 29, 2014 Close of public comment period

October 29, 2014 Deadline for State and Tribal comments on 

EPA's intended designations

December 12, 2014 Final area designations

2015 and beyond Near-road monitors installed and 

producing data
• Initial nonattainment area designations based on violating 

monitors, were effective October 4, 2013

– 29 areas in 16 states designated

• Strategy includes two additional future rounds of initial 

designations based on modeling (2017) and monitoring (2020) 

data to be submitted by states

• Deadline suits filed by Sierra Club and several states requesting 

court to order EPA to issue final designations for all remaining 

areas with timeframes ranging from a couple months to 2 years 

from date of order

2010 SO2 NAAQS Area Designations
• SO2 Data Requirements Rule

– Proposal issued April 17, 2014 and final in late 2014

• 1-hr SO2 NAAQS Nonattainment SIP Elements Guidance

– Objective is to provide assistance to areas developing their 

nonattainment area plans

– Issued in April 2014

• Status of next SO2 NAAQS Review (primary and secondary)

2010 SO2 NAAQS Implementation
• December 21, 2011: EPA final standards 

to limit mercury, acid gases and other toxic

pollution from new and existing electric 

generating units (EGUs)

• Applicability: Units >25 MW that burn 

coal or oil for the purpose of generating 

electricity for sale and distribution through 

the national electric grid to the public

• Existing sources: Can have up to 4 years to comply with MATS

• Pathway for reliability: Critical units to obtain a schedule with up to an additional 

year to achieve compliance

• December 2013: DC Circuit Court of Appeals hears challenges to MATS

• April 15, 2014: The DC Circuit issued its ruling upholding MATS

Mercury Air Toxics Standard (MATS)

http://www.epa.gov/mats/ and http://ferc.gov/media/news-releases/2012/2012-2/05-17-12-E-5.asp

9

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
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

• 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 to be 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
• Cross State Air Pollution Rule (CSPAR) requires states to significantly 

improve air quality by reducing power plant emissions that contribute 

to ozone and/or fine particle pollution in other states

• On April 29, 2014, the Supreme Court reversed the DC Circuit opinion 

in the EME Home City case which vacated CSPAR and remanded it 

back to the appeals court for further proceedings

“Today’s Supreme Court decision is a resounding victory for public health and a 

key component of EPA’s efforts to make sure all Americans have clean air to 

breathe. It serves to support the ongoing work to see that air quality in 

downwind states continues to improve. The Court’s finding also underscores 

the importance of basing the agency’s efforts on strong legal foundations and 

sound science. This is a big win for the nation’s public health and a proud day 

for the agency.” 

Gina McCarthy, EPA Administrator

Interstate Pollution Transport Update
Tier 3 Vehicle Emission and Fuel 

Standards Program

 March 3, 2014 - EPA Finalizes Tighter 

Vehicle and Fuel Standards to Reduce 

Emissions

 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

 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

http://www.epa.gov/otaq/tier3.htm
Non-Hazardous Secondary Material

Rulemakings

• March 21, 2011 – Final Rule :EPA issued the Identification of Non-Hazardous 

Secondary Materials (NHSM) final rule.

• The NHSM rule identifies which non-hazardous secondary materials are, or 

are not, solid wastes when burned in combustion units.

• February 7, 2013 – Final Rule (Revisions): EPA finalized a specific set of 

adjustments to Clean Air Act standards for boilers and certain solid waste 

incinerators.

• March 25, 2014 –Proposed Rule (Amendments): EPA listed particular nonhazardous secondary materials as “categorical non-waste fuels” and procedures 

for adding additional materials to the list. 

While the RCRA NHSM rules are meant to be self-implementing, EPA will aid 

industry with determinations issued in the form of a “comfort letter”. These 

can only be issued by EPA as the NHSM rules under RCRA are not delegated 

to the state or local agencies.
Addressing Climate Change: 

President’s Action Plan on Climate Change

• June 25, 2013: President announced his plan to cut 

carbon pollution and prepare the U.S. for the impacts of 

climate change

 Reduce carbon emissions from power plants

 Build a 21st Century transportation sector

 Develop post-2013 fuel economy standards for 

heavy-duty vehicles

 Cut energy waste from our homes, businesses, 

and factories

 Help states and cities prepare for the impacts 

of climate change

 Lead global efforts to address 

climate change

http://www.whitehouse.gov/share/climate-action-plan
Reducing Carbon Pollution From Power 

Plants

President’s 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

• Proposal: June 2, 2014

• Final: June 2015

3. Existing power plants

• Proposed Guidelines: June 2014

• Final Guidelines: June 2015

• State Plans due: June 2016
• Proposed standards of performance only apply to 

new electric utility generating units >25 MW.

• EPA standards of performance for:

– Natural gas fired stationary combustion turbines

• 1,000 lbs CO2/MWh-gross for large units 

(>850 mmBtu/hr)

• 1,100 lb CO2/MWh-gross for smaller units 

(≤850 mmBtu/hr)

– Fossil fuel-fired utility boilers and Integrated 

Gasification Combined Cycle units

• 1,100 lb CO2/MWh-gross over a 12-month 

operating month period, or

• 1,000-1500 lb CO2/MWh-gross over a 7-year 

period

Reducing Carbon Pollution From 

New Power Plants – 111(b)

New power plants—111(b)

Proposal: September 20, 2013

Public comment period: Ended 

on May 9, 2014
• On June 2, 2014, EPA proposed the first 

national guidelines to cut carbon 

pollution from existing power plants. 

• EPA is following through on the steps laid 

out in President Obama’s Climate Action 

Plan by proposing to cut carbon pollution 

– a leading cause of rapid, dangerous 

climate change—from existing power 

plants. 

• Nationwide, by 2030, this rule would 

achieve CO2 emission reductions from 

the power sector of approximately 30 

percent from 2005 levels, while starting 

to make significant reductions in 2020.

Clean Power Plan

Reducing Carbon Pollution From Existing Power Plants – 111(d)

Existing power plants—111(d) 

Proposed Guidelines: June 2,2014

Final Guidelines: June 2015

http://www2.epa.gov/carbon-pollution-standards
• 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 October 16, 2014 

• Comments on the proposal should be identified by Docket ID 

No. EPA-HQ-OAR-2013-0602

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Clean Power Plan

Next Steps
Additional Climate Change 

Activities

• Final Mobile Source Emission and CAFE Standards

o Extends passenger vehicle program to model year 

2017 through 2025

o CAFE standards for medium-sized and heavy trucks

• 2012 Climate Change Indicators Report

www.epa.gov/climatechange

19
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 
Next Generation Compliance

 More effective rules

Advanced monitoring 

technology

Electronic reporting

Increased transparency

Innovative enforcement 

Effective 

Rules

Advanced 

Monitoring

Electronic 

Reporting Transparency

Innovative 

Enforcement
Thank you!

Questions?