RA BART Overview Deb Wolfe 8/9/2019

Introduction Phase I Regional Haze Rules Reasonably Attributable Visibility Impairment and Best Available Retrofit Technology Attribution Process for BART-eligible sources 8/9/2019

History 1977 Clean Air Act establishes visibility protection – 42 USC §7491 & 7492 Targets protection for Class I areas 8/9/2019

National Goal “The prevention of any future, and the remedying of any existing, impairment in visibility in mandatory class I areas which impairment results from manmade [sic] air pollution.” 8/9/2019

Rule History Congress directs EPA to promulgate rules EPA issues rules in phased approach Phase I: Visibility impairment that is reasonably attributable to one source Promulgated 1980 Phase II: Visibility impairment attributable to multiple sources located across broad geographic regions Promulgated 1999 8/9/2019

Phase I 40 CFR §301-307 Develop SIP programs targeting visibility impairing emissions from identifiable sources RA BART (§302) Exemptions from BART (§303) I.D. integral vistas (§304) Monitoring (§305) Long-term strategy (§306) New Source Review (§307) 8/9/2019

Phase II 40 CFR §308 & 309 Develop SIP programs targeting visibility impairment caused by sources not readily identifiable. Regional Haze SIPs (§308) Meeting reasonable progress goals Regional Haze SIPs for Grand Canyon visibility protection (§309) 8/9/2019

RA BART Emission limitation Applicable to an existing source Case-by-case analysis 8/9/2019

RA Applicability Process Primary steps FLM certifies visibility impairment exists State identifies whether existing facilities are causing or contributing to impairment State performs BART analysis on source found to be reasonably attributable 8/9/2019

FLM certification Screening process criteria for §308 – prior to certifying impairment Levels of visibility-impairing pollutants are not decreasing Source located within 100 miles of Class I area Source not already well-controlled 8/9/2019

FLM certification, con’t. Screening process criteria for §309 – prior to certification Levels of sulfate not decreasing Source located within 100 miles of Class I area Source not already well controlled for SO2 8/9/2019

State Assessment Evaluating BART-eligible sources Definition of “existing stationary source” EPA guidance for determining BART-eligible source EI or permit information to confirm size State business records to confirm dates Source information on construction dates Institutional memory NSR permit info for new unit construction dates 8/9/2019

Review FLM information Consider data substantiating certification IMPROVE monitoring data Description of type of impairment (plume or layered haze) Location of observer and and observed impairment Meteorological conditions Time of day and year impairment was observed Photographs 8/9/2019

Review other available data State monitoring data Special studies Permit modeling data Other agency data 8/9/2019

Consultation Process Stakeholders and public involvement Affected sources Neighboring states/tribes EPA FLMs Environmental interests Local government agencies 8/9/2019

Prepare Report Summarize and assess data Preliminary determination of BART-eligible sources Relative contributions to impairment Identify data “gaps” or inconsistencies 8/9/2019

Determination Results Impairment may be reasonably attributed to an existing source Begin BART analysis Impairment may not be reasonably attributed to an existing source Address impairment in long term strategy as a as part of regional haze remedy 8/9/2019

American Corn Growers States have authority for making RA BART attribution decisions States have authority for making RA BART determinations Rules remanded to EPA for remedy in accord with court decision 8/9/2019