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Background

The 1-Hour SO2 NAAQS Status of Current Nonattainment Areas and Potential Implications of Proposed Data Requirements Rule on Other Areas in Region 3 May 28, 2014. Background. EPA promulgated 1-Hour Primary SO 2 NAAQs in 2010

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Background

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  1. The 1-Hour SO2 NAAQS Status of Current Nonattainment Areas and PotentialImplications of Proposed Data Requirements Rule on Other Areas in Region 3 May 28, 2014

  2. Background • EPA promulgated 1-Hour Primary SO2 NAAQs in 2010 • The 1-hour NAAQS level is 75 ppb calculated as the 99th percentile of 1-hour daily maximum concentrations averaged over three years • EPA Designated Areas with Ambient Air Quality Data showing violations of the NAAQS as nonattainment areas (data 2009 – 2011) with an effective date of October 4, 2013. • EPA proposed data requirements rule 5/13/14 (79 FR 27446) which describes additional data needs and processes to designate other areas.

  3. Nonattainment Areas in Region 3 • Two states in Region 3 have SO2 nonattainment areas. All areas are only partial counties except for Indiana area where all of Indiana county is included. • West Virginia has two nonattainment areas: • Marshall County Area • Steubenville-Weirton Area (Brooke County, WV, Jefferson County OH) • Pennsylvania has four nonattainment areas: • Allegheny County area • Beaver County Area • Warren County Area • Indiana Area (Indiana and Armstrong Counties)

  4. Nonattainment Area Issues • Areas required to submit attainment plans by April 2015 • Guidance for attainment plan SIPs http://www.epa.gov/airquality/sulfurdioxide/pdfs/20140423guidance.pdf • R3 currently working with ACHD on modeling, and WV has done some work w/Ohio on joint area • Marshall County, WV Area may be able to get a clean data determination; Indiana Area in PA appears to be below NAAQS but we think too close to do clean data • Areas may not be able to make submittals on time and face many challenges for doing modeling

  5. Selected R3 2013 SO2 DVs & 4th High Value

  6. PADEP 2013 SO2 DVs & 4th High Value

  7. WVDEP 2013 SO2 DVs & 4th High Value

  8. Proposed SO2 Data Requirements Rule • Outlines proposal of how to obtain additional information needed to assess areas not yet designated for purposes of designation • Allows states to use modeling or monitoring to obtain the data with appropriate timelines. States can choose to model some areas while monitoring in others. TADS (technical assistance documents as guidance) provided to states. • EPA taking comment on 3 options to determine areas to assess • EPA taking comment for 60 days/expects to finalize rule next year • EPA is currently in litigation over designations for these areas which could impact what actually happens

  9. Proposed Options for Determining Areas to Assess • Option 1 (EPA Preferred) • - Sources > 1000 tons of SO2 in areas with population > 1 million, and sources > 2000 tons everywhere else • Option 2 • - Sources > 2000 tons in areas with population > 1 million, and sources > 5000 tons everywhere else • Option 3 • - Sources > 3000 tons in areas with population > 1 million, and sources > 10,000 tons everywhere else • Note: options allow higher actual emission thresholds in less populated areas and sources below thresholds can be analyzed if state or region are concerned w/potential nonattainment.

  10. Data Used to Identify R3 Facilities Covered by Data Requirements Rule General Approach: • Use 2011 NEI v1 (tons per year) for facility SO2 emissions • Excludes sources inside SO2 Nonattainment Areas • Identify CBSAs in Region 3 with 2013 est populations > 1,000,000 • Use Lat/Long information in 2011 NEI v1 to determine if facility is inside or outside a CBSA with > 1,000,000 people Note: This preliminary assessment was done prior to the release of the official rulemaking docket, the official docket should be consulted for EPA’s official assessment of sources potentially impacted by the proposed rule.

  11. EPA Region 3 Facilities

  12. Region 3 Facilities List

  13. R3 Facilities: Ranked by Emissions

  14. EPA Region 3 Source Types

  15. Timelines for ProposedData Requirements Rule • January 15, 2016 • All States must submit final list of sources to be addressed and identify modeling or modeling approach • Modeling Areas: Modeling Protocol Submitted • July 2016 • Monitoring Areas: Provide planned changes to monitoring network • January 2017 • Monitoring : new/relocated monitors operational by Jan 1 • Modeling analysis submitted by Jan 15 • Sources that are closed may not require analysis • December 2017 • – Designate modeled areas • 2020 • Designate monitored areas

  16. Litigation On Designations Process Part 1 • EPA is generally required by CAA to do designations two years after promulgation of a NAAQS or at most 3 years. Under CAA, EPA should have designated all areas for the 1-hour SO2 NAAQS no later than 2013 • Several lawsuits filed in regard to designations • Lawsuit that has progressed farthest is Sierra Club v. McCarthy (ND Calif) Case No.: 3:13-cv-3953-SI • EPA recently lodged a consent decree with the Court in Sierra Club v. McCarthy with some litigants (Sierra Club and NRDC)

  17. Litigation On Designations Process Part 2 • The lodged CD would require EPA to designate areas that meet the following criteria 16 months after court enters CD. • Proposed CD criteria is : • * Areas with air quality monitoring data for 3 full calendar years preceding the deadline (16 months) for designations with monitored violations for the 2010 primary NAAQS OR • * Areas w/stationary sources not “retiring” that have data in EPA’s Air Markets Database that either (1) emitted more than 16,000 tons SO2 in 2012, or (2) emitted more than 2,600 tons SO2 and had annual average emission rate of 0.45 lbs SO2/MmBtu or higher in 2012. • Consent Decree is not final until entered by Court after comment period.

  18. NOTE: THE INFORMAITON PROVIDED IN THIS PRESENTATION ON THE PROPOSED DATA REQUIREMENTS RULE AND THE PROPOSED CONSENT DECREE ARE FOR GENRAL PURPOSES AND DO NOT REPRESENT OFFICIAL EPA POSITIONS OR FINAL ACTIONS. ANYONE WISHING TO REVIEW EPA’S OFFICIAL ACTIONS/POSITION ON EITHER PROPOSAL SHOULD CONSULT THE FORMAL RULEMAKING/CONSENT DECREE DOCUMENTS AND PROCEDURES FOR THESE PROPOSED ACTIONS.

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