### Information to assist interagency review of the rule titled " Regional Haze: Revisions to Provisions Governing Alternatives to Source -Specific Best Available Retrofit Technology (BART) Determinations, Limited SIP Disapprovals, and Federal Implementation Plans " Phil Lorang to: Kymn, Christine J. 12/01/2011 01:43 PM Cc: Lea Anderson, Martha Keating, Paula VanLare, Rhea Jones

From: Phil Lorang/RTP/USEPA/US
To: "Kymn, Christine J." <Christine

_ J.

_ Kymn@omb.eop.gov>
Cc: Lea Anderson/DC/USEPA/US@EPA, Martha Keating/RTP/USEPA/US@EPA, Paula VanLare/DC/USEPA/US@EPA, Rhea Jones/RTP/USEPA/US@EPA

Christine

I'd like to talk you through the attached information. Can we do that today after 5 pm or anytime tomorrow?

States that changed between CAIR and CSAPR EO Review.docx

Phil Lorang, Senior Policy Advisor Air Quality Policy Division, OAQPS, EPA 919-541-5463 919-244-4037 (cell)

### Current as of December 1 , 2011



## States with a Change in Status from CAIR to Initial CSAPR, Or from CAIR to CSAPR+Supplemental Proposal for Six States

Key Points

**•** The states newly coming into CSAPR did not previously adopt any costly EGU BART controls for the pollutants covered by CSAPR. Also, EPA has not proposed or adopted any such controls under a FIP.

**•** Even after the CSAPR Better

- than

- BART rule is final, s tates may decide to retain the low cost controls that they have adopted as BART, because these controls are useful and cost

effective for purposes of compliance with CSAPR.

**•** CSAPR will allow EPA to approve some SIPs for newly included states that otherwise might have presented approval issues as submitted.

State 1 

### CASPR vs. CAIR Finding of Failure to Submit RH SIP? 2 

### Consent Decree Publication Date of Proposed

Acton Consent Decree Publication Date

of Final Action

Connecticut (NPCA et al.) In CAIR for ozone

- season NOx. Not in CSAPR. Yes March 15, 2012 July 13, 2012

Florida (NPCA et al.) In CAIR for SO2 and NOx. In CSAPR only for NOx. Yes May 15, 2012 November 15, 2012

Iowa (NPCA et al.) In CAIR for PM2.5 (annual SO2 and NOx), and ozone

- season NOx. In first CSAPR rule only for PM2.5 (annual SO2 and NOx), but proposed to be added for ozone

- season NOx. No February 15, 2012 June 15, 2012

Kansas (NPCA et al.) Not in CAIR. In first CSAPR rule only for PM2.5 (annual SO2 and NOx), but proposed to be added for ozone

- season NOx. Yes August 23, 2011 Completed December 15, 2011

Louisiana (NPCA et al.) In CAIR for PM2.5 (annual SO2 and NOx), and ozone

- season NOx. In CSAPR only for ozone

season NOx. No February 15, 2012 June 15, 2012

Massachusetts (NPCA et al.) In CAIR for ozone

- season NOx. Not in CSAPR. Yes March 15, 2012 July 13, 2012

### Current as of December 1 , 2011



### State 1 

### CASPR vs. CAIR Finding of Failure to Submit RH SIP? 2 

### Consent Decree Publication Date of Proposed

Acton Consent Decree Publication Date

of Final Action

Michigan (NPCA et al.) In CAIR for PM2.5 (annual SO2 and NOx), and ozone

- season NOx. In first CSAPR rule only for PM2.5 (annual SO2 and NOx), but proposed to be added for ozone

- season NOx. Yes May 15, 2012 November 15, 2012

Minnesota (NPCA et al.) Originally in CAIR for only for PM2.5 (annual SO2 and NOx) but this inclusion was stayed and the stay has not be lifted. In first CSAPR rule only for PM2.5 (annual SO2 and NOx), but proposed to be added for ozone

- season NOx. Yes January 17, 2012 May 15, 2012

Mississippi (NPCA e t al.) In CAIR for PM2.5 (annual SO2 and NOx), and ozone

- season NOx. In CSAPR only for ozone

season NOx. No February 15, 2012 June 15, 2012

Nebraska (NPCA et al.) Not in CAIR. In first CSAPR rule only for PM2.5 (annual SO2 and NOx), but proposed to be added for ozone

- season NOx. Yes February 15, 2012 June 15, 2012

Oklahoma (WEG1) Not in CAIR. Not in first CSAPR rule, but proposed to be added for ozone

- season NOx. Yes March 22, 2011 Completed December 13, 2011

1 

### There are five separate consent decrees with deadlines for EPA action:

o A final 2009 consent decree with WildEarth Guardians (WEG1) for seven western states (OR, ID, CA, NM, OK, CO and ND). The WEG consent decree is related to Section 110 of the Clean Air Act, which requires each state to also submit a “visibility transport” SIP to ensure that sources of air pollution in a given state do not interfere with neighboring states’ efforts to protect visibility.

o A final consent decree with the Sierra Club (Sierra Club), addressing all Regional Haze S IP elements only for Arkansas.

o A final consent decree with WildEarth Guardians (WEG2) addressing all Regional Haze SIP elements for certain states in EPA Region 8 (CO, MT, ND, UT, and WY)

### Current as of December 1 , 2011



### o A final consent decree with Kentucky Environmental Foundation (KEF) addressing all Regional Haze SIP elements for only Kentucky.

o A negotiated but not yet final consent decree with the National Parks Conservation Association and others (NPCA, et al.) addressing all remaining EPA duties not otherwise covered by the other con sent decrees. This draft consent decree was cleared by OMB on October 18, 2011. It will be entered with the court and noticed in the Federal Register for public comment prior to becoming binding on EPA.

2 

### If a finding of failure was made, EPA must fully approve the SIP or fill any gaps with a FIP by the date shown. If a finding was not made, EPA disapproval of the FIP starts a new 2

- year clock for such action.