# 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 SecurityOzone Lead Primary NO 2 Primary SO 2 Secondary

NO 2 and SO 2 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 PM 2.5 

# 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 SO 2 

# NAAQS Area Designations

### • SO 2 

### Data Requirements Rule

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



### • 1 - hr SO 2 

### NAAQS Nonattainment SIP Elements Guidance

– Objective is to provide assistance to areas developing their nonattainment area plans

– Issued in April 2014



### • Status of next SO 2 NAAQS Review (primary and secondary) 

# 2010 SO 2 

# 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 non hazardous 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 21 st 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 CO 2/ MWh -gross for large units (>850 mmBtu/hr) • 1,100 lb CO 2/ MWh -gross for smaller units (≤850 mmBtu/hr)

– Fossil fuel -fired utility boilers and Integrated Gasification Combined Cycle units • 1,100 lb CO 2/ MWh -gross over a 12 - month operating month period, or • 1,000- 1500 lb CO 2/ 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 18 

# 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?