Update on NAAQS and Regulatory Issues SC Manufacturer’s Alliance February 4-5, 2014 Robert J. Brown, Jr., Director Div. of Air Assessment and Regulation BAQ, SCDHEC brownrj@dhec.sc.gov (803) 898-4105
Ozone NAAQS • Primary/Secondary = 75 ppb –4th high over 3 years –8-hour average • Ozone NAAQS currently under review – To OMB in May, proposal this year, final late 2015? • 60-70 ppb very possible, as well as a secondary NAAQS
PM 2.5 NAAQS • December 2012 final – Annual average to 12 µg/m 3 , kept exist. 24-hr std – No visibility standard, PM 10 std unchanged • Both sides in court contesting the current standard • Next proposal in 2016? • Articles say 12 µg/m 3 is not sufficiently protective, but no insight on possible #
SO 2 NAAQS Implementation SC SO 2 monitors are showing compliance, but a handful of larger facilities will have to model or monitor to show NAAQS attainment to BAQ & EPA
Recent Developments: 1-Hour SO 2 NAAQS • On August 5, 2013, EPA published its initial round of designations for nonattainment areas for the 2010 1-hour SO 2 NAAQS. • The EPA designated parts of 16 states nonattainment based on monitored violations of the standard. • No areas of SC were designated as nonattainment at that time . •Areas without ambient monitors are yet to be addressed (EPA being sued by NC, others)
Recent Developments: 1-Hour SO 2 NAAQS • On May 21, 2013, EPA published two draft Technical Assistance Documents (TADs) that advise states on the use of modeling and monitoring to determine if an area meets the 1-hour SO 2 NAAQS. •EPA expects to propose the “Data Requirements Rule” which would specify emissions thresholds for sources to be modeled or monitored for the 1-hour SO 2 standard in April 2014 (?), final late 2014. • Large facilities must be modeled by 1/2017 or have been monitored for three years by 1/2019
Possible Nonattainment • PM 2.5 : unlikely any nonattainment areas in foreseeable future • SO 2 : modeled facilities will be designated by 12/17, monitored facilities by 12/2020, NA areas will be centered on these facilities • Ozone: if NAAQS lowered (almost certain) in 2015, designations will be made in 2016: location & size of areas TBD , NO 2 , PM? • Secondary NAAQS: Ozone, SO 2
South Carolina MSA Changes
Nonattainment Boundary Determinations If expected schedule holds, and if necessary, Ozone nonattainment boundary recommendations would be submitted sometime 2016. We will use the Air Quality Coalitions as our primary contact for public input into the recommendation process.
Why are we seeing NAAQS levels decrease?
Control/Reduction Measures • Considerable Federal regulatory activity • Changes to SC, regional utility generation • Natural gas availability/cost (more NS use, less “dirtier” fuels) • Turnover of vehicle fleet, cleaner fuels • Minimal additional State regulatory activity • Local awareness/action • Ozone/PM Advance
Local Air Quality Coalitions • South Carolina’s air quality coalitions include local government, industry & business representatives, environmental groups, and concerned citizens who implement voluntary programs at the local level. They meet regularly to discuss local, state, and national air quality issues, receive updates regarding local monitor data, and plan local voluntary programs that will improve air quality in their regions. • The State currently has seven areas where coalitions exist or are being established. • For more information contact Jack Porter at 803- 898-3829 or Porterje@dhec.sc.gov
1 Ten at the Top 2 Catawba Regional Air Quality Coalition 3 Central Midlands Air Partnership 4 CSRA Air Quality Alliance 5 Waccamaw Air Quality Coalition 6 BCDCOG Clean Air and Climate Coalition 7 Florence and Darlington Counties???
SCDHEC’s Advance Program • Advance is a collaborative effort between DHEC, EPA, and local governments. The program encourages the development and implementation of local voluntary actions to reduce emissions in ozone and PM attainment areas. • Local Air Quality Coalitions are part of this effort. • Advance Reporting Tool (ART) created to track voluntary programs. This can be found on DHEC’s Advance webpage: www.scdhec.gov/advance. • Would like locals to populate the ART with voluntary programs. Input form on webpage. • More information at www.epa.gov/ozoneadvance/.
DHEC’s Advance Reporting Tool
Multi-Pollutant Pilot Project Purpose: • To pilot a project to evaluate how proactive strategies and either existing or planned federal/state measures to address multipollutant air quality management can be modeled to demonstrate continued compliance with the National Ambient Air Quality Standards (NAAQS) in a particular area of South Carolina. • Further, to include elements of a multi-pollutant air quality management plan as envisioned in the 2004 National Academy of Science (NAS) report into South Carolina’s combined ozone/particulate matter Advance program. • AVOID NONATTAINMENT or MAINTAIN COMPLIANCE WITH NAAQS
Goals of Multi-Pollutant Pilot Project EPA’s and DHEC’s goals for this project are: (1) Identify local emission reduction measures for the Upstate that address multiple pollutants, that are harmonized with existing or planned federal/state/local measures,[1] that are quantifiable, and whose implementation by DHEC and/or Upstate is achievable; (2) Maintain compliance with the National Ambient Air Quality Standards (NAAQS); (3) Demonstrate that the selected strategy(ies) can reduce population risk from exposure to ozone, PM2.5, and selected air toxics in the Upstate and can reduce exposure among populations at greatest level of baseline risk; (4) Transition to a multi-pollutant air quality management strategy; and (5) Foster a spirit of collaboration among EPA, the Upstate, and DHEC that highlights the importance of a coalition approach. [1] See the 2004 National Academy of Sciences (NAS) report describing the elements of a multi- pollutant air quality management plan (AQMP).
BAQ Update • Important information about SCDHEC updates, EPA initiatives, grant opportunities, meetings, and other issues. • E-mail: baeckerr@dhec.sc.gov to get on the mailing list!
2012 2013 2015 2016 2014 2017 GHG Existing NSPS GHG Existing NSPS Final Proposal State Plan CAIR/Next Transport CAIR/Next Transport Proposal Final 2016 ‐ 2019 Allocations Utility MACT Utility MACT Final Compliance 2014/5 Ozone 2014/15 Ozone Proposal Designations Final 2010 SO2 2010 SO2 Designations Proposal for Data Rule Modeling plan 2010 NO2 2010 NO2 Designations Near ‐ road monitors in SC? 2012 PM 2012 PM Final Rule Designations Tailoring Rule Tailoring Rule Step 3 5 ‐ year study Rule based on study Regional Haze Regional Haze 5 ‐ year review Next plan due/BART 2012 2013 2014 2015 2016 2017
President’s Climate Plan • President’s Climate Plan • January 8, 2014, EPA Rule for New Fossil Fuel Power Plants (79 FR 1430) – Comments are due March 10, 2014 (60 day comment period) • EPA Rule for Existing Fossil Fuel Power Plants – Proposal June 2014 – Final Rule June 2015 (EPA sets broad guidelines) – State Plan due June 2016 • SC Energy Stakeholder Group
What else is on the horizon? • President’s Climate Plan/111(b) and (d) • Transport • Regulation Development • SIP Planning • Special Projects (SSM, Monitoring Plan) • CAA Reform
Regulation Development • 2013 End of Year Revision – Adopt federal regulations promulgated from Jan 2013-Dec 2013 – Adopt NO2 and SO2 into R.61-62.5, Std 2 – SSM SIP Call (if final) • 2014 General Assembly Package – Remove HF from R.61-62.5, Std 2 and add to R. 61-62.5, Std 8 (Governor’s Task Force) – Repeal R.61-62.5, Std 5.1 (Governor’s Task Force) – R.61-62.1, R. 61-62.5, Stds 1, 5.2, 7, and 7.1, and R.61-62.70 to streamline and clean-up our air quality regulations; address outstanding issues to include addressing previous stakeholder comments; and make corrections for internal consistency, clarification, reference, punctuation, codification, formatting, and spelling to improve the overall text • Revision to R. 61-30(G)(3), Schedule of Air Quality Fees – Notice of Drafting December 27, 2013 (comment ends Jan 27, 2014) – The Title V Operating Permit Program at 40 C.F.R. Section 70.9(b)(1), provides “…[t]he State program shall establish a fee schedule that results in the collection and retention of revenues sufficient to cover the permit program costs.”
Transportation Conformity SIP CAA requires that state meet NAAQS Nonattainment Demonstrations (SIP) need to specify control measures (to include Transportation Conformity). The CAA requires interagency consultation between: EPA, US DOT (FHWA & FTA), SC DOT, DHEC, and MPOs. January 29, 2004, (69 CFR 4245) the EPA approved to SC Transportation Conformity SIP/MOA. On July 28, 2009 (74 FR 37168), EPA approved 2008 revision to MOA/SIP to adopt federal amendments in Transportation Conformity Regulations. 2010 Census led to formation of new MPO (LATS). Need to revise again to incorporate new MPO and improve process.
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