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Cross-state Air Pollution Rule

Cross-state Air Pollution Rule. Implications for Massachusetts SIP Steering Committee Meeting August 10, 2011. Transport Controls on EGUs.

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Cross-state Air Pollution Rule

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  1. Cross-state Air Pollution Rule Implications for Massachusetts SIP Steering Committee Meeting August 10, 2011

  2. Transport Controls on EGUs OTC NOxMOU (1999 – 2002)8-state ozone season NOx cap and trade program for fossil-fuel-fired EGUs and large industrial boilers and turbines – 310 CMR 7.27 EPA’s 1998 NOx SIP Call set state NOx emission budgets for 20 states that contributed to downwind nonattainment EPA’s NOx Budget Program (2003-2008) - states covered by the NOx SIP call made reductions primarily through participation in the NOx Budget Program - 310 CMR 7.28 Clear Air Interstate Rule (CAIR) (2009 – 2011)replaced NOx Budget Program; lowered budget and covered 29 states. Added annual NOx and SO2 programs to address transport contributing to PM 2.5 pollution - 310 CMR 7.32

  3. MassCAIR – 310 CMR 7.32 • In CAIR, EPA concluded MA significantly contributed to ozone non-attainment in CT and RI (did not contribute to downwind PM2.5 non-attainment) • MA covered under EPA’s CAIR ozone season NOx program • In 2007, MassDEP adopted Mass CAIR, 310 CMR 7.32, with required lower budget than 310 CMR 7.28 • 310 CMR 7.32 covered same sources as 310 CMR 7.28 (large fossil-fuel-fired electricity and steam generators ) • MassDEP allocated allowances under MassCAIR for 2009-2011

  4. CSAPR - Transport from MA • Under proposed Transport Rule, MA contributed to PM 2.5 pollution in NYC and New Haven CT areas • Under CSAPR – MA not significantly contributing to nonattainment or maintenance problems anywhere so MA not covered by rule • MA emissions do not have an air-quality impact on a downwind state at or above 1 % of the ozone or PM 2.5 NAAQS - (the "significant contribution level“) • “Boston plume” historically has contributed to southern NH and Maine ozone but these areas attain the 1997 ozone and PM2.5 standards • Under a tighter ozone standard MA may contribute significantly to other areas

  5. CSAPR - Transport to MA • MA monitoring compliance with the 1997 ozone standard and attains the 1997 and 2006 PM 2.5 standards. • In CSPAR modeling, no MA monitor shown to be unable to attain or maintain these standards in 2012. • Therefore, no analysis in CSAPR of emissions from other states transported to MA

  6. Requirements for CAIR states not included in CSAPR • Language in CSAPR: • "Transition from the Clean Air Interstate Rule to the Transport Rule" (p. 489): "For states covered by CAIR or CAIR FIPs that are not subject to the Transport Rule and [that] have relied on CAIR reductions to satisfy other SIP requirements, EPA will discuss with states alternative ways to satisfy requirements for those SIP requirements, e.g., through intrastate cap and trade programs that require the level of reductions on which the state has recently relied.” • "Interactions with NOx SIP call" (p. 505): "EPA will work with states to ensure that NOx SIP Call obligations continue to be met (e.g., through intrastate cap and trade programs that require the level of reductions on which the state has recently relied).” • Potential options for meeting SIP requirements without backsliding • Source by source emission restrictions • State-administered intrastate trading program based on CAIR reductions

  7. CSAPR Impacts • CAIR requirements go away; EPA will no longer administer CAIR as of 1/1/2012; current MassCAIR cannot be implemented after 2011 • NOx SIP call requirements remain in place for states not in CSAPR • MassCAIR is part of MA SIP and budget was significantly lower than NOx budget – backsliding issue • MassDEP relied on proposed Transport Rule emissions in its draft Regional Haze SIP

  8. MassDEP Response • MassDEP considering options for May 2012 ozone season • Under discussion – possible MA intrastate trading program; EPA might administer for states not in CSAPR • MassDEP looking at options for addressing Regional Haze requirements to meet BART requirements

  9. Next Steps • EPA will work with states to address backsliding issues • MassDEP discussing options internally, with other states (CT) and Region 1 • Will need to propose regulatory changes quickly to have in place by May 1, 2012 • Stay tuned!

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