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- 2474 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103

DATE:

SUBJECT: Memorandum in Support of the Proposed Approval of West Virginia’s Regional

Haze Progress Report

FROM: Asrah Khadr, Environmental Engineer, EIT

Office of Air Program Planning

TO: File

THRU : Marilyn Powers

, Acting Associate Director

Office of Air Program Planning

Introduction:

In 2005, Environmental Protection Agency ( EPA ) issued regulations allowing states to rely on the Clean Air Interstate Rule (CAIR) to meet certain requirements of the Regional Haze Rule (70 FR 39104, July 6, 2005). These requirements are known as Best Available Ret rofit Technology (BART). A number of states, including West Virginia, submitted regional haze SIPs consistent with these regulatory provisions. CAIR, however, was remanded to EPA in 2008, North Carolina v. EPA , 550 F.3d 1176, 1178 (D.C. Cir. 2008) , and r eplaced by the Cross State Air Pollution Rule ( CSAPR).

CSAPR/CAIR:

C SAPR budgets for W est Virginia were adopted in 2011 and set to go into place in 2012. A fter a series of court orders and decisions, EPA delayed the start of CSAPR by three years. Budgets for West Virginia have not changed since 2012

. Thus, CSAPR emission limits will apply as they

we re intended starting 2015, instead of 2012. Any reductions in budgets occur at the same three year lag.

Although the implementation of CSAPR was tolled for three years, the Rule is now being implemented, and by 2018, the end of the first regional haze implementation period, CSAPR will reduce emissions of SO 2 and NO x from electric generating units (EGUs) in West Virginia by the same amount assumed by EPA when it issued the CSAPR FIP for West Virginia in June 2012. See 76 FR 48208 (CSAPR promulgation) and 77 FR 33642 (limited disapproval of West Virginia regional haz e SIP and FIP for West Virginia for certain regional haze requirements).Printed on 1 00% recycled/recyclable paper with 100% post

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- 2474 The following table shows that 2013 emissions are lower than prior CAIR budgets. It also shows that CSAPR budgets are lower than CAIR budgets.

WV EGU emissions, budgets and assurance levels (in tons):

2013 CAIR emissions 2009

-

2014 CAIR budget 2015 and

thereafter CAIR budget 2015 and

2016 CSAPR budget 2017 and

thereafter CSAPR budget CSAPR

Variability CSAPR

Assurance level (beginning in 2017)
NO x annual 58

, 101 74

, 220 61

, 850 59

, 472 54

, 582 9

, 825 64

, 407

NO x
ozone

season 25

, 470 26

, 859 26

, 525 25

, 283 23

, 291 4

, 891 28

, 182

SO 2 86

, 201 215

, 881 15

, 1117 146

, 174 75

, 668 13

, 620 89

, 288

Conclusion:

Although the implementation of CSAPR was tolled for three years

, the Rule is now being implemented, and by 2018, the end of the first regional haze implementation period, CSAPR will reduce emissions of SO 2 and NOx from EGUS in West Virginia by the same amount assumed by EPA when it issued the CSAPR FIP for West Virginia in June 2012.

Notes:

 For CAIR programs, the most recent data year is 2013.

 CSAPR Assurance level = CSAPR budget + CSAPR variability. Beginning in 2017, W est Virginia (WV) sources in aggregate will be able to emit up to the WV assurance levels and will face automatic penalties for exceeding those levels.

 The CAIR ozone season budget has an additional 2,184 tons each year for non EGUs in the CAIR ozone season program that WV chose to add to comply with the NOx SIP Call. This is not available in CSAPR, so for this comparison it was not included in the CAIR ozone season budget totals. Those sources will be capped at 2, 184 tons per ozone season into the future.