WESTAR Council

SIP 101 Training

Utah DEQ

February 17-18, 2016

Salt Lake City, Utah

SIP 101 Agenda

Wednesday, February 17, 2016

Module No. 1 o Introductions & Expectations o NAAQS and CASAC o Clean Air Act

Brief History & Requirements o Title 1

SIPs SIP Components SIP Approval

Module No. 2 o Network Assessments o NAAQS Violation & Design Values o EPA Draws a Map

Module NO. 3 o Boundary Recommendations

Stakeholders o Designations & Classifications o Impact on Control Measures

Thursday, February 18, 2016

Module No. 4 o Review of Day One o Infrastructure SIP o Big Shop; Small Shop o Why so Many SIPs o TIPs & FIPs; Sanctions o Why is it so Hard at Times

Module No. 5 o Regional Issues o Relationships o Conformity

Module No. 6 o Utah Specifics/Others

Open Discussion o Adjourn

Handouts & Links

1. NAAQS http://www3.epa.gov/ttn/naaqs/criteria.html

2. Clean Air Act Overview (Title 1-Code Crosswalk):

http://www.epa.gov/clean-air-act-overview/title-i-air-pollution-prevention-and-control

3. SIP Status Info; and if click on State Reports get the interactive map:

http://www3.epa.gov/airquality/urbanair/sipstatus/index.html

4. SIP Checklist (from ADEQ)

National Ambient Air Quality Standards (NAAQS) The EPA has set National Ambient Air Quality Standards for six principal pollutants, which are called "criteria" pollutants. Periodically, the

standards are reviewed and may be revised. The current standards are listed below. Units of measure for the standards are parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (µg/m3).

Pollutant [links to historical tables of NAAQS reviews]

Primary/ Secondary

Averaging Time Level Form

Carbon Monoxide (CO) primary 8 hours 9 ppm

Not to be exceeded more than once per year 1 hour 35 ppm

Lead (Pb)

primary and secondary

Rolling 3 month period

0.15 μg/m3 (1)

Not to be exceeded

Nitrogen Dioxide (NO2)

primary 1 hour 100 ppb 98th percentile of 1-hour daily maximum concentrations, averaged over 3 years

primary and secondary

1 year 53 ppb (2) Annual Mean

Ozone (O3)

primary and secondary

8 hours 0.070 ppm (3) Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years

Particle Pollution (PM)

PM2.5

primary 1 year 12.0 μg/m3 annual mean, averaged over 3 years

secondary 1 year 15.0 μg/m3 annual mean, averaged over 3 years

primary and secondary

24 hours 35 μg/m3 98th percentile, averaged over 3 years

PM10 primary and secondary

24 hours 150 μg/m3 Not to be exceeded more than once per year on average over 3 years

Sulfur Dioxide (SO2)

primary 1 hour 75 ppb (4) 99th percentile of 1-hour daily maximum concentrations, averaged over 3 years

secondary 3 hours 0.5 ppm Not to be exceeded more than once per year

(1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008) standards, and for which implementation plans to attain or maintain the current (2008) standards have not been submitted and approved, the previous standards (1.5 µg/m3 as a calendar quarter average) also remain in effect. (2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes of clearer comparison to the 1-hour standard level. (3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3 standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards and transitioning to the current (2015) standards will be addressed in the implementation rule for the current standards. (4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in effect in certain areas: (1) any area for which it is not yet 1 year since the effective date of designation under the current (2010) standards, and (2)any area for which implementation plans providing for attainment of the current (2010) standard have not been submitted and approved and which is designated nonattainment under the previous SO2 standards or is not meeting the requirements of a SIP call under the previous SO2 standards (40 CFR 50.4(3)), A SIP call is an EPA action requiring a state to resubmit all or part of its State Implementation Plan to demonstrate attainment of the require NAAQS.

SIP Checklist: Arizona DEQ

STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST

Submittal of

[Name of State Implementation Plan Revision] 40 CFR 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, contains the “minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes of review under §51.103 [Submission of plans, preliminary review of plans].” Appendix V requires the following to be included in plan submissions for review by EPA: Administrative Materials [Appendix V, § 2.1]

1. "A formal signed, stamped, and dated letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter ‘‘the plan’’). If electing to submit a paper submission with a copy in electronic version, the submittal letter must verify that the electronic copy provided is an exact duplicate of the paper submission." [Appendix V, § 2.1(a)]

2. "Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit,

order, consent agreement (hereafter ‘‘document’’) in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date." [Appendix V, § 2.1(b)]

3. "Evidence that the State has the necessary legal authority under State law to adopt and implement the plan."

[Appendix V, § 2.1(c)]

4. "A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made (such as redline/strikethrough) to the existing approved plan, where applicable. The submission shall include a copy of the official State regulation/document, signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date of any regulation/document contained in the submission shall, whenever possible, be indicated in the regulation/document itself; otherwise the State should include a letter signed, stamped, and dated by the appropriate State official indicating the effective date. If the regulation/document provided by the State for approval and incorporation by reference into the plan is a copy of an existing publication, the State submission should, whenever possible, include a copy of the publication cover page and table of contents." [Appendix V, § 2.1(d)]

5. "Evidence that the State followed all of the procedural requirements of the State’s laws and constitution in

conducting and completing the adoption/issuance of the plan." [Appendix V, § 2.1(e)]

6. "Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice." [Appendix V, § 2.1(f)]

7. "Certification that public hearing(s) were held in accordance with the information provided in the public notice

and the State’s laws and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51.102." [Appendix V, § 2.1(g)]

8. "Compilation of public comments and the State’s response thereto." [Appendix V, § 2.1(h)]

Technical Support [Appendix V, § 2.2]

9. "Identification of all regulated pollutants affected by the plan." [Appendix V, § 2.2(a)] 10. "Identification of the locations of affected sources including the EPA attainment/nonattainment designation of

the locations and the status of the attainment plan for the affected areas(s)." [Appendix V, § 2.2 (b)]

11. "Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision." [Appendix V, § 2.2(c)]

12. " The State’s demonstration that the national ambient air quality standards, prevention of significant

deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under section 107 of the Act, a revision must be submitted to provide for the maintenance of the national primary ambient air quality standards for at least 10 years as required by section 175A of the Act." [Appendix V, § 2.2(d)]

13. " Modeling information required to support the proposed revision, including input data, output data, models

used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis." [Appendix V, § 2.2(e)]

14. "Evidence, where necessary, that emission limitations are based on continuous emission reduction

technology." [Appendix V, § 2.2(f)] 15. "Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting

requirements, where necessary, to ensure emission levels." [Appendix V, § 2.2(g)] 16. "Compliance/enforcement strategies, including how compliance will be determined in practice." [Appendix V,

§ 2.2(h)] 17. "Special economic and technological justifications required by any applicable EPA policies, or an explanation of

why such justifications are not necessary." [Appendix V, § 2.2(i)]

Updated as of 15-02-10

2/9/2016

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WESTAR Training

State Implementation Plans

Salt Lake City, Utah

February 17 & 18, 2016

Corky Martinkovic & Ira Domsky

1

Class Schedule/ModulesDAY ONE

Module No. 1

WESTAR Open; Introductions & Expectations

NAAQS and CASAC

Clean Air Act – Brief History & Requirements

Title I – SIPs; SIP Components; SIP Approval

Module No. 2

Network Assessments

NAAQS Violation & Design Values

EPA Draws a Map

Module No. 3

Boundary Recommendations; Stakeholders

Designations & Classifications

Impact on Control Measures

DAY TWO

Module No. 4

Brief Review

Infrastructure SIP

Big Shop; Small Shop

Why so many SIPs?

TIPs and FIPs; Sanctions

Why is it so hard at times?

Module No. 5

Regional Issues

Relationships

Conformity

Module No. 6

Utah Specifics/Others; Open Discussion

WESTAR Close

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Great Expectations• Where do State Implementation Plans (SIPs)

come from?

• What are a SIP’s basic components?

• Why did this SIP happen to us?

• What area will the SIP cover?

• How do we know we can do this SIP?

• How many different types of SIPs are there?

• Why do SIPs get into so much trouble?

• What type of relationships do SIPs create?

• What’s all this fuss about SIP conformity?

3

Sticky Notes

Exercise: Before break, identify

the one most important thing you

want to learn. Use sticky notes

throughout class to talk to us.

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National Ambient AQ Standards

(NAAQS)

• Required under Clean Air Act

• Set for 6 “Criteria” Pollutants

• Covers both primary (human health) and secondary (welfare) impacts of the Criteria Pollutants

• EPA should review every 5 years w/ counsel from the Clean Air Science Advisory Committee (CASAC); changes may be recommended and acted upon

• http://www3.epa.gov/ttn/naaqs/criteria.html

• http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC

5

NAAQS Aspects

• Standard is based on an “indicator” (e.g.,

ozone for photochemical oxidants)

• Monitoring technology may dictate form

• Averaging time set based on impacts from

exposure

• Form of standard – how compliance is

determined

• Air Quality Index

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Latest Ozone NAAQS

2015 Final 8-hour Ozone

Standards

Primary: 70 ppb

Secondary: 70 ppb

Areas will meet the

standards if the 4th highest

daily maximum 8-hour

ozone concentration per

year, averaged over three

years, is equal to or less

than 70 ppb

7

Clean Air Act – A Brief History

• Act originally drafted by Congress in 1970 and amended in 1977 http://www.epa.gov/aboutepa/epa-history-clean-air-act-19701977

• Amended again in 1990 (CAAA) “…to curb three major threats to the nation's environment and to the health of millions of Americans: acid rain, urban air pollution, and toxic air emissions. The proposal also called for establishing a national permits program to make the law more workable, and an improved enforcement program to help ensure better compliance with the Act.”

http://www.epa.gov/clean-air-act-overview/1990-clean-air-act-amendment-summary

http://www.epa.gov/clean-air-act-overview

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Titles of the Clean Air Act

Title I National Air Program, NAAQS

Title II Mobile Sources

Title III Toxics

Title IV Acid Deposition

Title V Operating Permits

Title VI Stratospheric Ozone (the other kind) Protection

Title VII Enforcement

Clean Air Act as Amended also provided for “progressive and creative new

themes” such as: market-based principles (e.g., trading); alternative clean

fuels; clean low sulfur coal and natural gas; clean fuels derived from grain;

and utilities’ flexibility for customer-based energy conservation

POP Quiz !

Where did EPA find the

authority to regulate CO2 ?

9

Title I of the Clean Air Act

• Where SIP requirements our foundhttp://www.epa.gov/clean-air-act-overview/title-i-air-pollution-prevention-and-control

https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapI-partA-sec7410.htm

http://www3.epa.gov/region1/topics/air/sips/REVISED_CLEAN_AIR_ACT_KEY_SIP_PROVISIONS.pdf

• Website where current SIP related issues and background information can be found

http://www3.epa.gov/airquality/urbanair/sipstatus/

• No substitutions…– Sitting down and just reading

– Looking at other approved SIPs

– Using guides to update court decisions, etc. • Anna Wood at EPA (via NACCA or Westar)

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Title I of the Clean Air Act

• Part A - Air Quality and Emission Limitations(CAA § 101-131; USC § 7401-7431 )

• Part B - replaced by Title VI

• Part C - Prevention of Significant Deterioration,

Visibility and Regional Haze (CAA § 160-169b; USC § 7470-7492)

• Part D - Plan Requirements for Nonattainment

Areas and Subparts (CAA § 171-193; USC § 7501-7515)

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* 1 – General requirements

* 2 – Ozone

* 3 – Carbon Monoxide

* 4 – Particulate Matter

* 5 – NO2, SO2 & Lead

* 6 – Savings Clause (claws)

EPA

• Organizationhttp://www.epa.gov/aboutepa/epa-organization-chart

http://www.epa.gov/aboutepa/organization-chart-epas-office-air-and-radiation

• Office of Planning & Standardshttp://www3.epa.gov/airquality/

http://www3.epa.gov/airquality/cleanair.html

http://www3.epa.gov/airquality/index.html

http://cfpub.epa.gov/locator/index.cfm

• SIP Trackinghttp://www3.epa.gov/airquality/urbanair/sipstatus/reports/map_s.html

Region 8; Utah: http://www.epa.gov/region8/state-implementation-plan-sip

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Multiple Types of SIPs

• Mother SIP – establishes core air pollution control program (Title 1, Part A)

• The rest are revisions (her children), e.g.

– Nonattainment area plans

– Regional Haze

– Major industrial source construction permits (aka NSR & PSD)

– Control measure (e.g., NSPS, I/M)

• Most of the course focuses nonattainment area plans

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SIP Activities

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Organization of SIP• Submittal letter (will come back to this later)

• Monitoring Network and Area Description

• Emissions Inventory

• Analysis – how problem justified SIP*

• Control Measures (on the books and on the way)

• Enforcement (rules and permit conditions)

• Analysis – how problem will be fixed and when it will be fixed (required and expected)

• Commitments and Contingencies

• Appendices – proof of public process; responses to comments; infrastructure references

* Analyses usually appear in a Technical Support Document or appendix and only summarized in the SIP 15

of a SIP

* Post these elements so can reference them throughout class

• Monitoring Data, Maps

• Emissions Inventory

• Analysis (what & why)

• Control Measures, Rules

• Analysis (how fix)

• Commitments, Contingencies

• Stakeholders

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Monitoring (what, when, where)

• The alpha and omega of air quality

– How you know you have a problem

– Are the control measures in your SIP working

as intended; i.e., reducing pollution levels

• Special monitoring studies

– Data can’t be used for NAAQS compliance

– Should be designed to provide better

geographic and temporal resolution

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Emissions Inventories (who)

• Annual and Periodic Inventories (PEI goes in SIP)

• National Emissions Inventory; building your own EI

• Ozone Season-Day (gotta keep up)

• Air Emissions Reporting Rule (AERR)

• Emissions Factors; AP-42

• Inventories are also used for modeling, determination of

reductions, and for awarding emission reduction credits

• Not a simple component so need to show some respect• http://www3.epa.gov/ttn/chief/

• http://www3.epa.gov/airquality/lead/kitinventory.html

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Analysis (how & why)

• Where monitoring data and emissions

inventories meet the physical environment

– Models show how emissions affect air quality

• Know your sources

– Geographic and temporal distributions of

emissions

– Uncertainties regarding emissions estimates

– Potential for uncharacterized sources

• “Forensic” analysis

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Models Great and Small

• Roll forward (simple algebra)

• Dispersion models

– Screening

– Multipoint and line source

– Multilayer Eulerian grid

– Photochemical

• Trajectory models

• Receptor models

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Analysis Continued

• Most rigorous approaches will rely on

more than one modeling approach

– E.g., receptor modeling is a good companion

to dispersion models

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Control Measures; Rules

• We will talk more about control measures later in context

of but SIP writers need to work with their rule writers to determine the timeline for rule development; this varies and is where stakeholders really start to get involved

• Control measures are most often EPA based but can also be local, and can be a formal program or a specific application unique to local conditions

• Rulemaking can be controlled by local authorities (e.g., Boards, County Supervisors, State Legislatures) and require some type of statutory authority; statutory authority takes time so if rules will be needed check authority and move quickly if you need new or revised statutes

• Revisions of rules already on the books may be necessary, but revising rules can be as difficult if not more difficult than drafting new rules

• You can include rules that are not yet promulgated, but don’t expect to get SIP approval until they are in place and enforceable

• SIP “strengthening” is something EPA may require if they think the rules you have on the books will most like not be approval in a SIP or enforcement is weak

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Schedules – Reasonable Further

Progress & Attainment Demo

MEMORANDUM

SUBJECT: Reasonable Further Progress, Attainment Demonstration,

and Related Requirements for Ozone Nonattainment Areas

Meeting the Ozone National Ambient Air Quality Standard

FROM: John S. Seitz, Director; Office of Air Quality Planning and Standards (MD-10)

“First, with respect to RFP, section 171(1) states that, for purposes of part D

of title I, RFP "means such annual incremental reductions in emissions of

the relevant air pollutant as are required by this part or may reasonably be

required by the Administrator for the purpose of ensuring attainment of the

applicable NAAQS by the applicable date.“

“Second, with respect to the attainment demonstration requirements of

section 182(b)(1) and 182(c)(2), an analogous rationale leads to the same

result. Section 182(b)(1) Requires that the plan provide for "such specific

annual reductions in emissions . . . As necessary to attain the primary

NAAQS by the attainment date applicable under this Act."

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Analysis (will it work?)

• Estimating effectiveness and effect of

control measures

– Beware of dissynergy

• Using the same models as for the forensic

analysis, apply the emissions reductions

for all control measures within the EI

• Does the model show sufficient reductions

to meet attainment?

• If not, how much more will you need?25

Commitments, Contingencies…

• SIP narratives sometimes include state promises for future action, which are

call commitments. Once EPA approves a SIP, EPA and citizens may

enforce the SIP rules, requirements, and commitments in Federal court.

• Pursuant to CAA section 172(c)(9), contingency measures are emission

reduction measures that are to be automatically triggered and implemented

if an area fails to attain the national ambient air quality standard by the

applicable attainment date, or fails to make reasonable further progress

(RFP) toward attainment.

• How do you make a contingency

measure “automatic”?

• How do you/should you develop “triggers”

when things aren’t progressing?

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Remember that Submittal Letter?

• SIP Adoption – “adopt and submit”

• SIP Submittal – Authority to do a SIP

• SIP Approval – Completeness Checklist*

– Proof of Public Process

– Responsiveness Summary (response

comments)

* Completeness is just a step to approval

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STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLISTSubmittal of [Name of State Implementation Plan Revision]

40 CFR 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, contains the “minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes of review under §51.103 [Submission of plans, preliminary review of plans].” Appendix V requires the following to be included in plan submissions for review by EPA:

Administrative Materials [Appendix V, § 2.1]

1. "A formal signed, stamped, and dated letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof…"[Appendix V, § 2.1(a)]

2. "Evidence that the State has adopted the plan in the State code or body of regulations…" [Appendix V, § 2.1(b)]

3. "Evidence that the State has the necessary legal authority under State law to adopt and implement the plan." [Appendix V, § 2.1(c)]

4. "A copy of the actual regulation…” [Appendix V, § 2.1(d)]

5. "Evidence that the State followed all of the procedural requirements of the State’s laws and constitution in conducting and completing the adoption/issuance of the plan." [Appendix V, § 2.1(e)]

6. "Evidence that public notice was given…" [Appendix V, § 2.1(f)]

7. "Certification that public hearing(s) held..." [Appendix V, § 2.1(g)]

8. "Compilation of public comments and the State’s response thereto." [Appendix V, § 2.1(h)]

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Completeness Checklist, continued

Technical Support [Appendix V, § 2.2]

9. "Identification of all regulated pollutants affected by the plan." [Appendix V, §2.2(a)]

10. "Identification of the locations of affected sources..." [Appendix V, § 2.2 (b)]

11. "Quantification of the changes in plan allowable emissions from the affected sources..." [Appendix V, § 2.2(c)]

12. " The State’s demonstration that the national ambient air quality standards…are protected if the plan is approved and implemented…redesignate an area to attainment..." [Appendix V, § 2.2(d)]

13. " Modeling information…” [Appendix V, § 2.2(e)]

14. "Evidence, where necessary, that emission limitations are based on continuous emission reduction technology." [Appendix V, § 2.2(f)]

15. "Evidence that the plan contains emission limitations…" [Appendix V, § 2.2(g)]

16. "Compliance/enforcement strategies..." [Appendix V, § 2.2(h)]

17. "Special economic and technological justifications..." [Appendix V, § 2.2(i)]

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SIP Approval – plan for it!

• Meet all the completeness requirements (EPA

action 6 months after submittal)

• Meet all the Title 1 requirements (EPA action 12

months after completeness finding for total of 18

months for CAA required action on SIP);

requirements can vary

• Note that “action” is not a synonym for approval

• Litigation – Lawsuits R Us

• SIP Backlog – clear your decks with EPA

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MOD #2 - Monitoring Networks

• Basic components

– Network design and siting

– Instrumentation and hardware management

– Data collection

– QA/QC

– AIRS upload and data certification

• Public access and communication

– AirNow and state and local portals

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Monitoring Network Design

• It’s a matter of scale – site objective

• Site designation – NAMS, SLAMS &

SPMS

• Minimum network size and site types is

based on area being served

• Annual Network Plan and 5-year Network

Assessment

– Public participation

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Perils of the Facts

• Popular with the public

– Why can’t you put a

monitor in my

neighborhood?

• Often disliked by

officials

– Danger of becoming or

exacerbating

nonattainment

35

The Citizen Scientist

• Inexpensive monitoring technology is developing

and proliferating rapidly

• Several devices being marketed to the general

public, including build your own designs

(Arduino platform mostly)

• Compact and mobile – building body of technical

and popular literature

• Issues include lack of context, poorly

documented precision and accuracy, lack of

consistent QA/QC

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Resources

• Air Monitoring Technology Info. Center

http://www3.epa.gov/ttn/amtic

• Network review and design requirements

40 CFR 58.10 www.gpo.gov/fdsys/pkg/CFR-2015-title40-

vol6/pdf/CFR-2015-title40-vol6-sec58-10.pdf

• Examples of Network Reviews and Assessmentshttp://www.airmonitoring.utah.gov/network/review.htm

http://www.maricopa.gov/aq/divisions/monitoring/network.aspx

• Data http://www3.epa.gov/airdata/

• Current Air Quality Status http://www.airnow.gov/

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Violations - Design Values

• Design Value – average air pollution

concentration or exceedance count

compared with the NAAQS

• An exceedance is not a violation

(exception is lead)

• Statistically designed to prevent flip-

flopping in and out of attainment

• Truncated rather than rounded

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Standards and Design Values

• Examples: At any one monitor

o PM10 – No more than one exceedance per year over

a 3 year period.

o You get 3 bites at the apple; the 4th is poison

o PM2.5 – 3-year weighted annual average not to

exceed 12.0 µg/m3; truncated at 0.1 µg

o Ozone – 3-year average of the 4th high concentration;

truncated at the ppb level cannot exceed .070

o NO2 – 3 year average of the 98th percentile 1-hour

average not to exceed 100 ppb; truncated at the ppb

• See http://www3.epa.gov/ttn/naaqs/criteria.html

39

EPA Draws Nonattainment Maps

• Presumptive boundaries are for entire

counties that contain a violating monitorhttp://www3.epa.gov/airquality/ozonepollution/maps.html

• States can make a case for smaller or

larger areas

To be continued …

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41

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MOD #3 –

Boundary Recommendations• States may recommend different nonattainment area

boundaries based on the evaluation of 5 Factors found in EPA guidance (in the past there were 9 factors)

• http://www3.epa.gov/pmdesignations/2012standards/techinfo.htm

• EPA Ozone designations not until late 2017; working on guidance http://www3.epa.gov/ozonepollution/pdfs/20151001designationsfs.pdf

• Factor 1: Air Quality Data

• Factor 2: Emissions and Emissions-Related Data

• Factor 3: Meteorology

• Factor 4: Geography/Topography

• Factor 5: Jurisdictional Boundaries

43

December 2010

EPA proposed new

primary standard.

(75 FR 2938;

January 19, 2010)

January 2010

January 2011

AQD completes

responsiveness summary and

finalizes proposed

recommendations and TSD.

(December 16 -December 23,

2010)

ADEQ posts on Department's website:

final proposed recommendations, TSD,

and response to comments.

ADEQ provides notice of posting to

counties and municipalities that would

be included in a nonattainment area.

(on or before December 29, 2010, per

HB 2133)

2010 PRIMARY OZONE (O3) NAAQS

Draft ADEQ Timeline (May 4, 2010)

August 2010 September 2010 October 2010 November 2010

EPA promulgates

new primary

standard

(August 31, 2010,

per 75 FR 3036)

AQD conducts stakeholder

process and drafts proposed

designation recommendations and

technical support document (TSD)

(September - October, 2010)

ADEQ completes and posts on website: draft designation

recommendations, TSD, and notice of public comment

period and hearing.

ADEQ provides notice of posting to counties and

municipalities that would be included in a nonattainment

area.

("no later than" November 7, 2010, per HB 2133)

ADEQ holds public hearing

on draft recommendations.

Close of public comment

period.

("no later than" December

15, 2010, per HB 2133)

ADEQ submits final proposed

recommendations, TSD, and

response to comments to the

Governor.

("not later than" December 24,

2010, per HB 2133)

State designation

recommendations

due to EPA.

(January 7, 2011,

per 75 FR 3036)

ADEQ posts copy of

the Governor's

recommendations on

Department's website.

(on or before January

12, 2011, per HB

2133)

March 2011

EPA notifies states

of intent to modify

state

recommendation.

(March 2011, per

75 FR 3037)

July 2011

August 2013

December 2013

EPA promulgates

final designations.

(July 2011, per 75

FR 3037)

CAA Section

110(a)(1)

"infrastructure"

SIPs due.

(August 21, 2013,

per 75 FR 3038)

Nonattainment area

SIPs due.

("no later than"

December 2013,

per 75 FR 3038)

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23

http://www.azdeq.gov/environ/air/plan/ozone.html

Sample Recommendation and

final map with townships

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State Recommends

EPA Designates

DESIGNATIONS

http://www3.epa.gov/airquality/greenbook/define.html

• Nonattainment– any area that does not meet (or that contributes to ambient air quality in

a nearby area that does not meet) the national primary or secondary ambient air quality standard for the pollutant.

• Attainment– any area (other than an area identified in clause (i)) that meets the

national primary or secondary ambient air quality standard for the pollutant.

• Unclassifiable– any area that cannot be classified on the basis of available information

as meeting or not meeting the national primary or secondary ambient air quality standard for the pollutant.

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Nonattainment Classifications

• Ozone: Marginal, Moderate, Serious, Severe, or

Extreme; PM10 or 2.5 & CO: Moderate or Serious

• Lead, SO2, and NO2: No classifications

• Classifications are tied to design values and determine major source thresholds, permit offsets ratios and attainment deadlines/timeframes

• Classifications also determine level of controls required

47

Timeframes – what timeframes?

• The amount of time given to develop a SIP and meet attainment is governed by classifications, but beware.*

Years after effective date of designation:

Marginal 3 years

Moderate 6 years

Serious 9 years

Severe 15 years

Extreme 20 years

* A 12/23/14 D.C. Circuit Court decision vacated the portion of the

Classifications Rule that established December 31 of the applicable year as the maximum attainment date for each classification. The final O3 SRR modifies Table 1 of existing 40 CFR 51.1103 (established by the Classifications Rule) to indicate the maximum attainment date is X years from the effective date of designations, where X is the same number in CAA section 181 Table 1.

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Controls (via Rules, Programs)

• Connection between Designations/Classification and Pollution Controls means everyone becomes interested– New Source Review (new or significant modifications to a

source); controls through Lowest Achievable Emissions Rate (LAER) http://www.epa.gov/nsr

– Reasonable Available Control Measures (RACM) and Reasonable Available Control Technologies (RACT); utilize Control Technique Guidelines (CTGs) for Volatile Organic Compounds (VOCs) and Alternative Control Techniques (ACTs) for NOx http://www3.epa.gov/ttncatc1/rblc/htm/welcome.html

– Trading Programs or Emissions Reduction Credit Programs/Banks are available in some areas

– Advance Programs can provide a pre-emptive approach

http://www3.epa.gov/ozoneadvance/index.html

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Regional Haze SIP Quick

• Regional Haze addresses a specific type of air quality impairment in

National Parks and Wilderness Areas

• Part C, Section 169A and B under Title I governs RH SIP

development

• Best Available Control Measures/Retrofit Technologies

(BACM/BART) under Prevention of Significant Deterioration or PSD

are the conventional control options

• Trading programs for Sulfur Dioxide contribution have proved

successful as a reduction approach

• Modeling is complex but an examination could prove useful for

understanding various air quality models, source attribution,

background, transport, biogenics and wildfire

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• Using the 5 Boundary Recommendation factors,

break into work groups…

TASK: List what data sources, tools and

potential staff/partners you have to make

supportable recommendations for boundaries

Group

Exercise

51

Please come back tomorrow!

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27

DAY

State Implementation Plans

53

Review

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28

MOD #4 - Infrastructure SIP

• The Clean Air Act requires states to submit state implementation plans

(SIPs) that implement, maintain, and enforce a new or revised national

ambient air quality standard (NAAQS) within 3 years of EPA issuing the

standard. These SIP revisions must address a number of basic

requirements, including:

– ambient air quality monitoring and data systems,

– programs for enforcement of control measures,

– adequate authority and resources to implement the plan

• Location: CAA 110(a)(1) and (a)(2)(A-M)

http://www3.epa.gov/airquality/urbanair/sipstatus/infrastructure.html

• Guidance Memo:http://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf

55

Infrastructure SpecificsSection 110(a)(2)(A) Emission limits and other control measures

Section 110(a)(2)(B) Ambient air quality monitoring/data system

Section 110(a)(2)(C) Program for enforcement of control measures

Section 110(a)(2)(D)(i) Prong 1: Interstate transport-significant contribution

Section 110(a)(2)(D)(i) Prong 2: Interstate transport-interfere w/ maintenance

Section 110(a)(2)(D)(i) Prong 3: Interstate transport – PSD

Section 110(a)(2)(D)(i) Prong 4: Interstate transport - protect visibility

Section 110(a)(2)(D)(ii) Interstate and international pollution abatement

Section 110(a)(2)(E) Adequate authority and resources

Section 110(a)(2)(F) Stationary source monitoring system

Section 110(a)(2)(G) Emergency power

Section 110(a)(2)(H) Future SIP revisions

Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and visibility protection

Section 110(a)(2)(K) Air quality modeling/data

Section 110(a)(2)(L) Permitting fees

Section 110(a)(2)(M) Consultation/participation by affected local entities

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Big Shop, Small Shop

• Infrastructure elements at one time were an appendix in a nonattainment SIP; table

• Around the time of the last PM2.5 NAAQS revision, Section D became a separate SIP for some states with complex analyses (the “good neighbor” SIP)

• And who you gonna call for Emergency Episodes?

• Bottom line: how does a small agency do one of these SIPs and a NAA SIP?

57

Building a SIP Foundation

Take Away: As you design and build your

Boundary Recommendations and your

Infrastructure SIP, you are also building

your Nonattainment Area State

Implementation

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59

Why so many SIPs?

• NAAQS SIPs are not the only SIPs

– Source Specific SIPs (e.g., Coal Fire Plans)

– Specific Program SIPs (e.g., Regional Haze)

– Control Measure Specific SIPs (e.g., Stage II, I/M,

RACT SIP)

– Special Analysis SIPs (e.g., 110(l) Noninterference)

– SIP Revisions; Court actions; SIP withdrawals

– Maintenance or Limited Maintenance Plans

• SIP Calls

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And lest we forget...

• The Code of Federal Regulations (CFR)

SIP…or what the h-e-double hockey sticks

is an Applicable SIP?

• The Applicable SIP(s), now residing in the

CFR, are all the approved portions of a

state’s plan – making them federally

enforceable as well as state and/or locally

enforceable

61

TIPs and FIPs

• Tribal Implementation Plans (TAR, TAS)

– Tribal Authority Rule; Treatment as Affected State:http://www3.epa.gov/air/tribal/backgrnd.html

http://www3.epa.gov/ttnamti1/files/2006conference/farsitar.pdf

• Federal Implementation Plans (can opt for this up front

or comes as a consequence)

• Sanctions

– 2 to 1 offsets

– Highway funding impact; conformity freeze

– 5% Percent Plan (not a sanction, but more a “bump up”)

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Why is it so hard at times?

• Rule changes; policy changes; program changes; guidance; Advance programs

• SIP Relaxation; Backsliding Analyses

• Overlapping SIPs

• Exceptional Events (wind and fire)

• Litigation

• SIP Backlog

• SIP Reform

63

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MOD #5 - Regional Issues

• Areas close to planning area

• Areas around the state

• Areas further outside the state

• Areas outside the country

• Issues with background and transport

• R2D2

• Ozone Transport Regions, Regional Transport Organizations, and Trading Programs

http://www.wrapair2.org/

65

Relationships

• With other agencies: counties, cities,

Metropolitan Planning Organizations

• With regulated community, industry associations,

attorneys

• With your EPA Region, Headquarters

• With political entities

• With tribes

• With varied organizations

• With consultants

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67

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MOD #6 - Conformity• Transportation conformity is required by the

Clean Air Act section 176(c) (42 U.S.C. 7506(c))

to ensure that federal funding and approval are

given to highway and transit projects that are

consistent with ("conform to") the air quality

goals established by a state air quality

implementation plan (SIP). Conformity, to the

purpose of the SIP, means that transportation

activities will not cause new air quality violations,

worsen existing violations, or delay timely

attainment of the national ambient air quality

standards.69

Transportation Conformity

• Two types of conformity

– General (e.g., HUD projects)

– Transportation

– Consultation Element

• Transportation Conformity

– Regional Transportation Plans (RTPs)

– TIPs (Transportation Improvement Plans)

– Budgets; Build-No Build; Hot-spot Analysis

– http://www3.epa.gov/otaq/stateresources/transconf/

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Metropolitan Planning Organizations

• Created in 1960s for urban planning purposes

• Some MPOs have a lot of authority; clout

• MPOs can obtain authority to develop SIPs

• New MPOs are forming to have a stronger role in SIPs

• MPOs utilize modeling for mobile planning (e.g., MOVES)

• https://www.azmag.gov/Environmental/default.asp

71

Utah Specifics

Other States’ Specifics

Utah Rules = SIP

What’s that permit doing in the SIP?

Other specifics

Other states’ specifics

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73

• We thank Westar & You

• Opinion of Class

Appreciated

• Ira’s contact info:

623.396.7908

ira.domsky@centurylink.net

• Corky’s contact info:

602.628.5248

smartinkovic@cox.net

• Think of future SIP-

related training you would

like to have that was not

covered here, or covered

to the degree you think

may be needed

• Think of related training

you may want to see

(e.g., stakeholder

outreach; problem

solving; etc.)74