1Office of Air Quality Planning and StandardsActivity Update for CAAACPermits/NSR/ToxicsIntegration SubcommitteeScott MathiasMay 13, 20092Office of Air Quality Planning and StandardsPermitting•Coal-fired power plant PSD permit review•Petition for reconsideration of reasonablepossibility•Petition for reconsideration of definition offugitive emissions•Petition for reconsideration of PM2.5NSRimplementation rule•Petition for reconsideration of NSRaggregation policy interpretation3Office of Air Quality Planning and StandardsPermitting (cont.)•Petition for reconsideration of ethanolproduction major source threshold•Flexible Permits Rule under review•Final rule establishing PM2.5PSD increments•Final rule for Tribal NSR programs•WI and OH NSR SIPs – reconsider WI? allowOH to become effective?•1-hour ozone anti-backsliding for NSRproposal4Office of Air Quality Planning and Standards•EPA revisions to the PM NAAQS (Oct 17, 2006)–Revised level of 24-hour PM2.5standard to 35μg/m3–Retained level of annual PM2.5standard at 15μg/m3•CASAC recommended a standard in the range of 13-14μg/m3–Retained 24-hour PM10standard to provide protection againstshort-term exposures to thoracic coarse particles and revokedannual PM10standard–Secondary standards set identical to primary standards•CASAC recommended a sub-daily PM2.5standard to addresseffects associated with visibility impairmentStatus of PM NAAQS5Office of Air Quality Planning and StandardsLitigation on 2006 PM NAAQS: D.C. CircuitCourt Decision Issued February 24, 2009•Fine Particles–Remanded PM2.5annual primary standard and secondarystandards for reconsideration•Court concluded EPA failed to adequately explain why annual standard issufficient to protect public healthwith an adequate margin of safety•Court concluded decision to set secondary standards identical to primarystandards was unreasonableand contrary to the law–Primary 24-hour PM2.5standard not challenged•Coarse Particles–Upheld decisions to retain 24-hour PM10standard and revokeannual PM10standard–Court concluded EPA reasonably explained decision to regulateall coarse PM (including nonurban PM) and to use PM10asindicator for coarse PM6Office of Air Quality Planning and StandardsPM NAAQS: Next Steps•EPA is evaluating options for responding to remand on PM2.5standards•Current PM NAAQS review already well underway–CASAC review of first draft Integrated Science Assessment (ISA) – April 1-2, 2009–CASAC consultation for Risk/Exposure Assessment (REA) planningdocuments – April 2, 2009–Current schedule:•Final ISA – December 2009•Final REA – July 2010•Proposed rule – January 2011•Final rule – October 2011–Schedule subject to change pendingdecisions on how to respond toremand7Office of Air Quality Planning and StandardsOzone NAAQS•EPA issued revisions to Ozone NAAQS – March 27, 2008–Revised level of primary 8-hour ozone standard to 0.075 ppm•CASAC recommended a level between 0.060 - 0.070 ppm–Revised secondary standard to be identical to primary standard•CASAC recommended a distinct secondary standard based on a seasonalweighted average•Current status of litigation–Petitioners’ briefs were scheduled to be filed April 1, 2009–EPA requested “extension to allow time for appropriate EPA officials that areappointed by the new Administrationto review the Ozone NAAQS Rule todetermine whether the standards established in the Ozone NAAQS Ruleshould be maintained, modified or otherwise reconsidered.”–EPA also requested that “it be directed to notify the Court and the Partieswithin 180 days of the Court’s order vacating the briefing schedule of theactions the Agency has taken or intends to take, if any, with regard to theOzone NAAQS Rule, and the anticipated time frame for any such actions.”–Court granted EPA’s request on March 10, 20098Office of Air Quality Planning and StandardsNAAQS PollutantProposalFinalNO2Primary*Jun 2009Jan 2010SO2Primary*Nov 2009Jun 2010NOX/SOXSecondary*Feb 2010Oct 2010CO*Oct 2010May 2011PM**Jan 2011Oct 2011Ozone**Jun 2012Mar 2013LeadJan 2013Oct 2013Looking Forward -National Ambient Air Quality Standards Review Schedule*Court ordered deadline**Current Schedules do notreflect possible revisedschedules reflecting options for reconsideration9Office of Air Quality Planning and StandardsStatus of PM2.5SIP Submittals•For 39 nonattainment areas, 58 plans were due by April 5, 2008 tomeet the 1997 PM2.5standards–Clean air determinations for Harrisburg, PA and Washington, DC-MD-VA–Other States may qualify for cleanair determination based on 2008 data•A number of States have submittedfinal attainment demonstrationsfor some of the areas–EPA has not made findingsof failure to submit–SIP submittal actions and findings on hold until direction from new EPAmanagement•Regional Offices are working withtheir States for the remainingareas to receive complete and approvable SIPs•We are working with our Regional Offices to ensure consistency inreviewing and acting on SIPs especially on key issues (attainment demos,RACT/RACM, contingency measures)10Office of Air Quality Planning and StandardsStatus of 8-hr Ozone SIPs•For 26 nonattainment areas, 36 State portions due by June 2007 tomeet the 1997 8-hour ozone standards•25 final attainment demonstrations submitted–Final approval for Dallas-Fort Worth, TX–Proposed disapprovals for Philadelphia,NY City & Baltimore (under review)–NC/SC withdrew Charlotte SIPs•6 failure to submit findings – sanction clocks running–Clean data determination has stayed Jefferson Co., NY sanction clock–Findings made for NC & SC withdrawing Charlotte SIP (under review)•Other actions:–2 clean data determinations–1 final redesignation–4 reclassifications requested instead of submitting SIP11Office of Air Quality Planning and StandardsStatus of 110(a)(2) Infrastructure SIPs•There are 12 elements required for infrastructure SIPs•Findings of completeness/incompleteness were effectiveon March 24, 2008 for 1997 8-hour ozone andNovember 21, 2008 for 1997 PM2.5•Three 110(a)(2) SIPs are due soon–2006 24-hr PM2.5NAAQS: October 2009–2008 0.075 ppm Ozone NAAQS: March 2011–2008 Lead NAAQS: November 201112Office of Air Quality Planning and StandardsRegional Haze SIPsFinal SIPs awaiting EPA action: 15 out of 53 totalStateRegionRPOSubmittal DateAlabama4VISTAS7/15/2008Albuquerque6WRAP9/11/2008Arkansas6CENRAP9/24/2008California9WRAP3/17/2009Delaware3MANE-VU9/26/2008Iowa7CENRAP3/25/2008Kentucky4VISTAS6/25/2008Louisiana6CENRAP6/13/2008Mississippi4VISTAS9/24/2008Missouri7CENRAP3/13/2008NorthCarolina4VISTAS12/17/2007South Carolina4VISTAS12/17/2007Tennessee4VISTAS4/4/2008Utah8WRAP9/16/2008West Virginia3VISTAS7/8/2008Yellow=CAIRstateBlue=metdeadline13Office of Air Quality Planning and StandardsRegional Haze SIPsOutstanding/Late SIPs: 38 out of53 total – received findings of failure to submitState(yellow=CAIRstate)RegionRPONo. ofClass IareasDateExpectedConnecticut1MANE-VU0Sept. 09Maine1MANE-VU4Nov. 09Massachusetts1MANE-VU0Mid 09New Hampshire1MANE-VU2Mid 09Rhode Island1MANE-VU0July 09Vermont1MANE-VU1Mid 09NewJersey2MANE-VU1Late 09NewYork2MANE-VU0Late 09Virgin Islands2n/a1Late 09DC3MANE-VU0Mid 09Maryland3MANE-VU0July09Pennsylvania3MANE-VU0Mid 09Virginia3VISTAS2Mid 09Florida4VISTAS3Sept.09Georgia4VISTAS3Nov.09Illinois5MWRPO0Mid 09Michigan5MWRPO2Mid 09Indiana5MWRPO0July 09Minnesota5CENRAP2Mid 09StateRegionRPONo. ofClass IareasDateExpectedOhio5MWRPO0Late09Wisconsin5MWRPO0Late09New Mexico6WRAP9Late09Oklahoma6CENRAP1Mid 09Texas6CENRAP2July 09Kansas7CENRAP0Mid 09Nebraska7CENRAP0Mid 09Colorado8WRAP12Late09Montana8WRAP12Late09NorthDakota8WRAP2Late09South Dakota8WRAP2Mid 09Wyoming8WRAP7July 09Arizona9WRAP12Mid 09Hawaii9WRAP2Mid 09Nevada9WRAP1Late09Alaska10WRAP4Late09Idaho10WRAP5Late09Oregon10WRAP12Mid 09Washington10WRAP0July 0914Office of Air Quality Planning and StandardsIssues for Regional Haze SIPs•Findings of failure to submit issued January 15,2009; FIP clock expires January 15, 2011•No approvals or disapprovals of submitted SIPshave been issued to date•One state – Michigan – has received a notice ofincompleteness (Indiana is expected soon) andRegion 5 has asked that the SIPs be revised•CAIR uncertainty, among other things, in the Easthas caused delays in some SIP submittals andapprovals of those SIPs that have been submitted–Uncertainty primarily due reliance on the CAIR to meet theBART requirements and reasonable progress requirements•In the West, only 2 SIPs (plus Albuquerque) are final– Utah (309 SIP) and California15Office of Air Quality Planning and StandardsClean Air Interstate Rule•On appeal, the D.C. Circuit Courtremanded, rather than vacated,the CAIR. EPA represented to the Court an approximate scheduleof 2 years to complete a revised rulemaking.•Granting stay to Minnesota sources based on Court’s decision.•CAIR uncertainty, among other things, in the East has causedadditional delays in submission of some PM2.5attainment SIPs andRegional Haze/BART SIPs. It hasalso caused delays in EPA’sreview of those SIPs that have been submitted.•Working to develop a replacement rule for the CAIR that isconsistent with the Court decision. Will need to address issues on:–Emissions trading–Attainment and maintenance of standards–PM2.5and ozone standards (1997, 2006, 2008)–Budget and/or allowance allocations–Significant contribution and remedy16Office of Air Quality Planning and StandardsNC and DE Section 126 Petitions•EPA asked for and received a voluntary remand of EPA’scontested denial of NC’s section 126 petition on March 5,2009–The Court order directs the Agency to conduct an “expeditious”reconsideration of the petition but doesnot set a deadline for a decision.–For purposes of ozone (Charlotte), NC named EGUs in 5 states ofMaryland, Virginia, Tennessee, South Carolina, and Georgia.–For purposes of PM2.5(maintenance), NC named EGUs in 10 states ofPennsylvania, Ohio, Indiana, WestVirginia, Kentucky, Virginia,Tennessee, South Carolina, Georgia, and Alabama.•Delaware's Section 126 petition received December 18, 2008.–Delaware seeks emissions reductions from large EGUs to reduce thecontributions from their emissions to PM2.5and ozone problems inDelaware.–Delaware names EGUs in the 9 states of Maryland, Michigan, NewJersey, New York, North Carolina, Ohio, Pennsylvania, Virginia, andWest Virginia.–EPA’s action deadline extended 6 months to August 13, 2008.17Office of Air Quality Planning and StandardsOther Actions•PM2.5Designations: under review•PM2.5AQI: The rulemaking proposal is still onhold•Designations for 2008 Ozone NAAQS•Fire Policy–Draft Policy will be circulated within EPA soon.–Will not be shared externally until it has beenshared and reviewed by OMB and other FederalAgencies