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National Ambient Air Quality Standards (NAAQS) and State Implementation Plan (SIP) Updates October 30, 2013 Lynorae Benjamin, Chief Regulatory Development Section U.S. Environmental Protection Agency Atlanta, GA 1
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Agenda NAAQS & Regional Haze Updates SIP Planning What’s on the Horizon?
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RDS Staffing Updates - 2013 Staff ContactsExt.Contact Area Twunjala Bradley9352MS; SIP coordination; permitting SIPs; NO2; tribal Zuri Farngalo9152AL & KY; general conformity; EJ; lead Joel Huey9104PM; opacity; SSM; transport Joydeb Majumder*9121PM redesignations Sean Lakeman9043TN; SIP coordination; SIP efficiency; CO Michele Notarianni9031Regional Haze; SO2 Jane Spann9029Ozone; transport Nacosta Ward9140NC; SIP coordination; SIP efficiency; Infrastructure Sara Waterson9061GA; SIP coordination; SO2; regional haze; lead Richard Wong#8726FL & SC; emissions inventory 3 *Detail to RDS #Military leave until March 2014; Michele Notarianni assuming role as FL & SC SIP Contact in the interim.
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Status for Region 4 1997 8-Hour Ozone Areas Only two remaining nonattainment areas in Region 4 (Atlanta & North Carolina portion of Charlotte). Atlanta & North Carolina portion of Charlotte proposed for redesignation. Critical for actions was resolution of reasonably available control technology requirements, & approval of baseline emissions inventory & emissions statement SIPs.
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2008 8-Hour Ozone NAAQS Implementation 6 Final ozone implementation rule expected Spring 2014. Emissions inventory & emission statement submissions due 2 years after designations. - clean data determination does not relieve these requirements. - areas cannot be redesignated without these requirements being met.
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Status for Region 4 1997 Annual PM 2.5 Areas All areas appear to be attaining the NAAQS. Five of the thirteen areas redesignated to attainment. Good monitoring data quality & resolution of any data issues critical for actions. Resolution of issues that arouse from litigation for the PM 2.5 implementation rule was necessary also to move actions forward.
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Status for Region 4 2008 Lead NAAQS Areas Three areas designated nonattainment & one area designated unclassifiable. All required submissions provided by Region 4 states. TN only required to provide emissions inventory submission because Bristol attaining & EPA completed clean data determination for the Area. AL & FL required to provide attainment demonstration submission which included emissions inventories, RACT, RACM & RFP in addition to attainment modeling.
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2010 Sulfur Dioxide Nonattainment Designations Nonattainment designations completed August 5, 2013 – effective October 4, 2013. Five areas in Region 4 as part of the 29 nonattainment areas designated nationally. Attainment SIPs due August 6, 2015. Attainment dates as expeditiously as practicable but no later than October 4, 2018.
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Status of Region 4 Actions – Initial Regional Haze SIPs Limited approval/limited approval completed for AL, GA, KY, MS, NC, SC & TN. Full approval completed for FL – source by source BART & RP conducted (no reliance on CAIR or CSAPR). Outstanding FIP clocks going for AL, NC & MS. 10 Or This… This…
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SIP Processing in Region 4 In FY13, processed 68 actions – 52 ( 47 processed & 5 withdrawn ) were backlogged (accounts for 17 consent decree deadlines met). Enhanced communications for issue resolution Region 4 has active role on national workgroups to stay informed of emerging issues. Conscious effort to alert states & regional management as soon as issues emerge in attempt to quickly resolve issues. Using quarterly & monthly calls to keep states informed.
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FY 2014 Priorities Reducing SIP Backlog State Priorities Designations - 2012 PM2.5 NAAQS & Second Phase for 2010 SO2 NAAQS Providing Technical Assistance to the States/Locals Processing Redesignation Requests Continuing to Meet Consent Decree Deadlines/Statutory Deadlines
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Challenges for FY 2014 Balancing priorities with tighter EPA resources & catching up from impacts of the shutdown. Meeting CD & statutory SIP processing deadlines Designations State/local priorities Managing impacts of litigation & petitions on upcoming actions Tools for communication SIP tracking log Early communications on priority SIPs (predrafts still welcomed!) Will be important for states to continue to communicate priorities to state contact or RDS chief on monthly calls.
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Anticipated NAAQS Implementation Milestones (updated October 2013) Pollutant Final NAAQS Date (or Projection) Infrastructure SIP Due Designations Effective Attainment Demonstration Due Attainment Date PM 2.5 (2006)Oct 2006Oct 2009Dec 2009Dec 2012 Dec 2014/2019 PbOct 2008Oct 2011 Dec 2010/2011 June 2012/2013 Dec 2015/2016 NO 2 (primary)Jan 2010Jan 2013Feb 2012none SO 2 (primary)*June 2010June 2013Aug 2013Oct 2015Oct 2018 Ozone (2008)Mar 2008Mar 2011July 201220152015/2032 PM 2.5 Dec 14, 2012Dec 2015Early 201520162021/2026 Ozone (current review) 20142017201620192019/2036 * Only considers dates for nonattainment areas; does not include dates for other areas.
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2014 Ozone NAAQS Review: Integrated Science Assessment – Released February 15, 2013 June 19, 2013 – EPA memo requesting that the next CASAC Ozone Review Panel meeting be March 2014 Risk and Exposure Assessment (REA) and Policy Assessment (PA) – second draft has not come out yet
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PM 2.5 NAAQS Implementation EPA strengthened the annual primary PM 2.5 NAAQS to 12 μg/m 3 from the previous level of 15 μg/m 3 on December 14, 2012 Published in Federal Register on January 15, 2013 EPA aims to complete initial designations of nonattainment areas by the end of 2014 Designations will likely become effective in early 2015 EPA is developing an implementation rule through notice –and- comment rulemaking Current schedule aims to issue final rule around the time of initial designations (e.g., December 2014) 18
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Implementation Schedule - 2012 PM 2.5 NAAQS DateAction Dec. 14, 2012Final PM 2.5 NAAQS promulgated (signature) Dec. 13, 2013State/tribal recommendations due (2010-2012 data) Aug. 14, 2014120 day letters due to states/tribes Aug. 29, 2014 EPA to publish notice of intended designations (with 30 days for comment) Oct. 29, 2014States/tribes to submit additional information, if desired Dec. 12, 2014EPA to make final designations (2011-2013 data) ~ Early 2015Designations become effective ~ Mid 2016 1 Attainment demonstration SIPs due Dec. 2021 2 Attainment date 1 No later than 18 mos. after effective date of designations under subpart 4 (CAA 189(a)(2)(B)) 2 No later than the end of the 6th year after effective date of designations under subpart 4 (CAA 188(c)(1))
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PM 2.5 Designations Guidance and Data Designations guidance issued April 16, 2013 Website for guidance and technical information: http://www.epa.gov/pmdesignations/2012standards/techinfo.htm http://www.epa.gov/pmdesignations/2012standards/techinfo.htm New – PM Designations Mapping Tool Presentation slides and recorded webinar are available on EPA’s website.
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2010 SO 2 NAAQS Implementation Technical Assistance Documents (TADs) Modeling and Source-Oriented Monitoring TADs Provide technical advice on the use of modeling and monitoring to determine if areas are meeting the SO 2 standard. Draft comment period opened May 21, 2013, and closed July 22, 2013. EPA is addressing comments for another update to be issued in the next few months. Data Requirements Rule: Establishes requirements for state submittals of modeling or monitoring data in support of phase 2 designations. Proposed Timeline for Rulemaking: Proposed Rule – April 2014* Final Rule - April 2015* *Dates subject to change.
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Regional Haze Progress Report SIPs & Adequacy Determinations: Due five years after submittal of initial regional haze SIP. April 2013 – EPA issued a document to assist EPA and States in the development and review of the progress SIPs. R4 SIP Status: Final SIPs = SC, NC, TN Prehearings under review = GA Draft SIPs reviewed = KY 2018 Regional Haze SIPs: Due July 31, 2018. Informal listening sessions on regional haze program and regulations ongoing. Groups provided recommendations to: improve program and identify what changes may be needed to implement recommendations.
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Startup, Shutdown and Malfunction Provisions Proposed SIP Call for 36 states and 7 local agencies was published February 22, 2013. During an 80-day public comment period, including a public hearing on March 12, 2013, EPA received over 35,000 supportive comments from citizens and environmental groups and nearly 200 adverse comments from state/local air agencies and industry. Any further comments on the proposal or discussions with EPA must be recorded and entered into the public rulemaking docket. On September 26, 2013, EPA and the Sierra Club agreed to extend the deadline for finalizing the rule to May 15, 2014. Additional information regarding the action is available at http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html
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