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DEP’s Air Regulatory Update

DEP’s Air Regulatory Update. Trina Vielhauer, Chief, Bureau of Air Regulation, Division of Air Resource Management July 29, 2010. EPA has OAQPS. OAQPS Organization

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DEP’s Air Regulatory Update

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  1. DEP’s Air Regulatory Update Trina Vielhauer, Chief, Bureau of Air Regulation, Division of Air Resource Management July 29, 2010

  2. EPA has OAQPS • OAQPS Organization • Office of the DirectorCentral Operations and Resources (CORE)Policy Analysis and Communications Staff (PACS)Washington Operations Staff (WOS) • Air Quality Assessment Division • Air Quality Policy Division • Health and Environmental Impacts Division • Outreach and Information Division • Sector Policies and Programs • Approximately 387 people

  3. Florida has Larry!

  4. Issues • New NAAQS and Permitting • Ozone, NO2, SO2 • Revisions to Chapter 62-210, F.A.C. • Non-Hazardous Secondary Materials • CAIR Replacement Rule • Other Tidbits

  5. Ozone • Final standard to be announced by August 31 • Expected level to be from 0.060 to 0.070 ppm • Florida WILL have nonattainment areas – see following slide • Nonattainment areas will be categorized according to severity (marginal, moderate, serious, etc.) – details to be published as implementation guidance also by August 31.

  6. Areas in red indicate the CBSAs above various ozone standards (between 60-70 ppb proposed, currently 75 ppb) based on 2007-2009 data.

  7. Ozone Nonattainment Requirements • Nonattainment New Source Review • Must offset emissions increases of NOx and VOC. • Lowest Achievable Emission Rate (LAER). • Net air quality improvement demonstration. • Transportation Conformity • Transportation plans must show that emissions of NOx and VOC do not exceed SIP emissions budgets.

  8. NO2 NAAQS • On January 22, 2010 EPA • Added a 1-hour NO2 standard at 100 parts per billion (ppb); and • Retained the annual average NO2 standard at a level of 53 ppb • Current monitoring data show attainment of both 1-hour and annual standards. • No rule addressing details for PSD permit applications. • EPA guidance finalized Jun 29, 2010 recommends Significant Impact Level of 4 ppb (4% of the standard) • Working with applicants to propose and substantiate a SIL on each project.

  9. SO2 NAAQS • On June 2, 2010, EPA revised the primary SO2 standard : 75 ppb – 1 hour standard. • Effective August 23, 2010. • Current data shows nonattainment in Escambia, Hillsborough, and Nassau counties. • Initial designations will be based on 2008-2010 data. (by June 2012) • Additional nonattainment areas could be determined through air quality modeling.

  10. Rule 62-210, F.A.C. Updates • Removing TV General Permits • Flexibility to allow GPs at a TV facility for temporary activities • Air Pollution Control Equipment • Engines!!

  11. Engine Flowchart

  12. Engine Flow Chart (cont.)

  13. Engine Flow Chart (cont.)

  14. Engine Flow Chart (cont.)

  15. Engine Flow Chart (end!!)

  16. Non Hazardous Secondary Materials • Characterizing which secondary materials are: fuel, ingredient or solid waste • Coal fly ash is presumed to be an ingredient for cement but EPA is taking comment (ends August 3) • If is fuel, must also be “sufficiently processed” & legitimacy criterion • If is solid waste, sources become subject to CISWI/129 standards instead of MACT

  17. Interstate Transport Rule (CAIR replacement) • Bases state allocations on contributions to non-attainment • Eliminates fuel adjustment factors • Does not tie-in with Acid Rain allowances • A state’s emissions budget is the quantity of emissions that would remain after elimination of the part of significant contribution and interference with maintenance that EPA has identified in an average year (i.e., before accounting for variability

  18. Interstate Transport Rule • Taking comment on whether Florida should be group 2 or moved to group 1 for SO2 • Proposing budgets include a variability factor such that there are 1 and 3 year variability limits above budget

  19. CAIR v. Interstate Transport Budgets

  20. Florida’s downwind contributions

  21. Other Tidbits • New EPA GHG reporting tab links: • http://www.epa.gov/climatechange/emissions/ghgrulemaking.html (Main • page) • http://www.epa.gov/climatechange/emissions/data-reporting-system.html • (e-GGRT page)

  22. Other Tidbits (cont.) • PSD and TV Tailoring Rule • DEP will have to undergo rulemaking to implement EPA’s rule changes

  23. Questions? Trina Vielhauer 850/488-0114 trina.vielhauer@dep.state.fl.us

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