NAAQS Updates & Emerging Issues U.S. Environmental Protection Agency Region 4 May 23, 2012

1. NAAQS Updates & Emerging Issues U.S. Environmental Protection AgencyRegion 4May 23, 2012

2. Session Overview • Regional Haze/Transport Rule • Start Up, Shut down, & Malfunction • SO2 Designations & Implementation • SIP Processing Update • SIP Watchlist • Region 4 SIP Efficiency

3. Regional Haze • Final actions – KY & TN (except for Eastman BART) • Proposed actions – AL, FL, GA, MS, NC & SC. • CD for finals in June – AL, GA, MS, NC & SC. • November 2012 - Final for Eastman BART.

4. Cross-State Air Pollution Rule Reducing Air PollutionProtecting Public Health

5. Upwind-Downwind Linkages in Cross-State Air Pollution Rule States

6. Start Up, Shut Down, Malfunction UpdateJoel Huey, Vera KornylakU.S. Environmental Protection AgencyRegion 4

7. EPA’s Excess Emissions Policy September 20, 1999, policy memo: “State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown” (Steven Herman & Robert Perciasepe to Regional Administrators)

8. Sierra Club Petition • Submitted June 30, 2011; contends that multiple State Implementation Plan (SIP) provisions across the country are inconsistent with EPA’s 1999 memo. • Identifies 39 states & 7 local programs. • Includes all Region 4 states & 4 locals (Jefferson County, KY; Knox County, TN; Shelby/Memphis, TN; & Forsyth County, NC) . • Requests a national SIP-call under section 110(k)(5) of the CAA to revise these SIPs.

9. Settlement Agreement • EPA has agreed to respond to the Petition by August 31, 2012. • Requires EPA either to grant or to deny the petition with respect to the allegedly illegal SSM provisions.

10. SO2 Designations & ImplementationSara Waterson, Steve ScofieldU.S. Environmental Protection AgencyRegion 4

11. History of Standard • On June 2, 2010, EPA strengthened the primary National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2) to improve public health protection • Specifically, EPA replaced the former annual and 24-hour primary SO2 standards with a new 1-hour SO2 standard set at 75 parts per billion (ppb) to better protect public health by reducing people’s exposure to high short-term (5 minutes to 24 hours) concentrations of SO2 • This final standard is consistent with the recommendations of the Clean Air Scientific Advisory Committee (CASAC) • EPA also described a planned hybrid approach for implementing the new 1-hour SO2 standard. The approach would rely on air dispersion modeling of SO2 sources and ambient monitoring to determine compliance with the new standard • The former primary SO2 standards were established in 1971, and included a 24-hour standard at a level of 140 parts per billion (ppb) and an annual average standard of 30 ppb

12. Current Schedule for Ongoing NAAQS Reviews NOTES: Underlined dates indicate court-ordered or settlement agreement deadlines *As part of a court filing in January 2012, EPA identified a schedule for completing the review of the PM NAAQS including its plan to issue a proposed rule in June 2012 and to take final action in June 2013. For more information see: http://epa.gov/ttn/naaqs/

13. Factors for Designations • Air quality data • Emissions-related data (location of sources and contribution to ozone concentrations) • Meteorology (weather/transport patterns) • Geography/topography (mountain ranges or other air basin boundaries) • Jurisdictional boundaries (e.g., counties, air districts, existing nonattainment areas, Reservations, metropolitan planning organizations) • Other relevant information

15. Region 4 SO2 Values

16. SO2Implementation Schedule

17. SO2 Implementation • On April 12, 2012, EPA announced our plan to seek additional input from states, tribes, and other interested parties to refine the Agency's approach for implementing the SO2 standard • We have set up an outreach process that will allow for focused discussions of these issues as soon as possible • This effort will ensure that the Agency has the information it needs to determine whether SO2 levels in all areas of the country are, or will be, protective of public health http://www.epa.gov/airquality/sulfurdioxide/implement.html

18. Stakeholder Meeting with EPA Topics for focused stakeholder outreach: 1. How best to assess compliance with the S02 NAAQS 2. How to implement the new approach Stakeholders will be asked to provide the EPA with input on monitoring, modeling and implementation issues, particularly for areas that will be designated as "unclassifiable.“ http://www.epa.gov/airquality/sulfurdioxide/implement.html

19. SIP ProcessingLynorae BenjaminU.S. Environmental Protection AgencyRegion 4

20. Responsibility of RDS • National Ambient Air Quality Standards • Designations • Implementation • Regional Haze • SIP Processing • General air quality support

21. RDS Contacts – FY2012(Lynorae Benjamin – Chief)

22. FY 2012 Priorities

23. Highlights of Region 4 SIP Backlog As of 5/22/2012 - # changes often

24. Success in Region 4 • SIP Processing • In FY11 processed 88 actions – 44 percent more than in FY10. • So far in FY12 processed 70 actions. • Reducing SIP backlog (about 34 actions to date) while expeditiously processing priority incoming SIPs, responding to emerging technical issues from the states & managing the designation processes. • 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.

25. Successful Strategies for SIP Efficiency • Focused approach to SIP processing • Staff processing SIPs based on issues & not based on state contact assignments. • Examples – emissions inventories, emissions statements, CDD, redesignations, permitting SIPs (PM NSR), infrastructure SIPs & regional haze SIPs. • Continued engagement on national workgroups. • Enhance Communications with state & locals on SIP development. • Maintaining Focus for Reducing SIP backlog by continuing to: • Elevate issues in a timely fashion for resolution; • Working with states to withdraw outdated submissions & address outstanding issues; &

26. Challenges for FY 2012 • Balancing priorities with tight resources • Meeting CD & statutory SIP processing deadlines • Designations (SO2) • State priorities • Tools for Communication • SIP tracking log • Early communications on priority SIPs (predrafts welcomed!) • Will be important for states to continue to communicate priorities to state contact or RDS chief on monthly calls.

27. SIP Watch List for FY 2012-2013 Does not include SIPs required as a result of pending disapproval or SIP Call.

28. What’s Working Well • SIP Comment Protocol • Minimizing comments • Able to give state heads up on how to help address potential issues. • Monthly Conference Calls • Focus on backlog • Discussion on state priorities • Preview of issues for resolution • Processing • Dividing workload based on topic area & not state contact area. • Working together on advance drafts & resolving issues early.