EPA Overview and 

Key Regulatory Updates

Southeastern Electric Exchange 

2014 Annual Conference and Trade Show

June 26, 2014

Beverly H. Banister

Air, Pesticides and Toxics Management Division 

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

• Meeting the Challenges Ahead

• Regulatory Updates

 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
• Clean Air

• National Ambient Air Quality Standard (NAAQS) Update

• Mercury Air Toxics Standard

• Boiler Rule

• Startup, Shutdown and Malfunction (SSM) SIP Call

• Interstate Transport Rule

• Tier 3 Vehicle Emission and Fuel Standards Program

• Action on Climate Change

• President’s Action Plan on Climate Change

• Reducing Carbon Pollution from Power Plants

• Additional Climate Change Activities

• Enforcement

• EPA’s National Enforcement Initiatives

• NSR/PSD

• Air Toxics

• Energy Extraction

• Next Generation Compliance

EPA Regulatory Updates
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)
2010 SO2 NAAQS

• Revised primary 8-hr Ozone standard in 2008 (75 ppb)

• EPA designations for the 2008 Ozone NAAQS effective on July 

20, 2012

• Litigation on certain final area designations

• Petition seeking redesignation to nonattainment of areas 

initially designated as attainment

• 2008 Ozone NAAQS SIP Requirements Rule

• Proposed May 29, 2013 (78 FR 34178)

• Anticipate final rule in Fall 2014

• Attainment plans and demonstrations due July 2015 

(Moderate) or July 2016 (Serious and above) 

2008 Ozone NAAQS Implementation
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
2010 SO2 NAAQS

• Revised Primary SO2Standard: June 2010 (75 ppb/1-hr)

• SO2 Area Designations and Implementation Strategy released 

February 2013

• Designations and Implementation Guidance and Assistance

– Issued PSD permit modeling guidance documents applicable 

to the 1-hr SO2 NAAQS on August 23, 2010 and March 1, 

2011

– Technical Assistance Documents for modeling and 

monitoring issued December 2013

– For more information including strategy and guidances visit:

• http://www.epa.gov/airquality/sulfurdioxide/implement.html

2010 SO2 NAAQS Implementation
2010 SO2 NAAQS

• Initial nonattainment area designations based on violating 

monitors, were effective October 4, 2013

– 29 areas in 16 states designated

• Attainment plans due April 2015

• Judicial challenges filed for three areas designated NA and regarding EPA’s 

approach to designations in general

• 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
2010 SO2 NAAQS

• SO2 Data Requirements Rule

– Objective is to provide information to EPA in an orderly fashion to inform 

initial area designations for areas not designated in 2013

– 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

– Draft provided for air agency review in October 31, 2013

– Issued in April 2014

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

– At the beginning stages of the review

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

11

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
Boiler Rule Updates

 February 28, 2014 - EPA filed a motion asking 

the U. S. Circuit Court of Appeals for the 

District of Columbia to give the agency time 

to update a small set of standards that apply 

to less than 0.5% of all existing boilers and 

incinerators as well as some standards that 

affect new incinerators and boilers

 March 21, 2011 - EPA promulgated final rules

 December 20, 2012 - EPA finalized a specific 

set of adjustments to the standards

 Will avoid up to 8,100 premature deaths, 

5,100 heart attacks, and 52,000 asthma 

attacks

 Cost effective, with EPA estimating 

that Americans will receive $13 to $29 in 

health benefits for every dollar spent to meet 

the final standards 

Reminders: 

March 21, 2014: Compliance date for area source 

boilers under the Boiler MACT

January 31, 2016: Compliance date for major source 

boilers
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

– Settlement set schedule for proposed/final rules, SIP call

• 2/12/13 Proposed rule: 

– 36 states submit their revised state plans to the Agency.

– Revised SIPs will require industrial facilities to follow air pollution 

rules during SSM. 

– 6/15/14 – Deadline for EPA action on final rule completion date

– States will have 18 months to submit SIPs following effective date 

of final rule
• U.S. Supreme Court granted EPA’s petition for review of the D.C. 2010 SO2 NAAQS

Circuit’s decision in EME Homer City which vacated the Cross State Air 

Pollution Rule (CSPAR)

– Oral argument was held on December 10, 2013

• CSAPR 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 

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
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

http://
• 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
This proposal will: 

• Reduce carbon pollution from existing power plants, for which there are 

currently no national limits.

• Maintain an affordable, reliable energy system.

• By 2030, reduce nationwide carbon dioxide (CO2) emissions, from the 

power sector by approximately 30% from 2005 levels.

– Significant reductions begin by 2020. 

• Cut hundreds of thousands of tons of harmful particle pollution, sulfur 

dioxide and nitrogen oxides as a co-benefit. 

• Provide important health protections to the most vulnerable, such as 

children and older Americans. 

• Lead to health and climate benefits worth an estimated $55 billion to 

$93 billion in 2030. 

• From soot and smog reductions alone, for every dollar invested through 

the Clean Power Plan – American families will see up to $7 in health 

benefits. 

20

Clean Power Plan
• Build on actions states, cities and businesses across the country are 

already taking to address the risks of climate change. 

• Spur investment in cleaner and more efficient technologies, creating 

jobs and driving innovation.

• Require a reasonable emission reduction glidepath starting in 2020.

• Provide a flexible timeline—up to 15 years from guideline 

issuance—for all emission reduction measures to be fully 

implemented in 2030. 

– Recognizing that investments in infrastructure can take time to 

put in place and 

– Avoiding stranded assets.

• Provide an array of tools states can use to formulate approvable 

plans. 21

Clean Power Plan
• 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 will hold 4 public hearings the week of July 28th in Denver, 

Atlanta, Pittsburgh and Washington, D.C.

• There will be a 120-day public comment period on the 

proposal. 

• Comments on the proposal should be identified by Docket ID 

No. 

EPA-HQ-OAR-2013-0602. 

22

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

 Average163 grams CO2 per mile, 

54.5 mpg in model year 2025

o CAFE standards for medium-sized and heavy trucks

 Our program will continue to on standards already in place 

for model years 2014-18 

• 2012 Climate Change Indicators Report

o EPA has compiled an updated set of 26 indicators tracking signs 

of climate change

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
2010 SO2 NAAQS

• The air pollution monitoring paradigm 

is rapidly changing due to recent 

advances in: 

– The development of portable, lower-cost 

air pollution sensors reporting data in 

near-real time at a high-time resolution, 

– Increased computational and visualization 

capabilities, and

– Wireless communication/infrastructure.

The Changing Paradigm of Air Monitoring

Snyder et al., ES&T, August 2013

http://pubs.acs.org/doi/abs/10.1021/es4

022602
Thank you!

Questions?