PM 2.5 : NAAQS & Permit Issues

1. PM2.5 : NAAQS & Permit Issues Key Developments: PM2.5 & Air Toxics A&WMA-NES Webinar April 9, 2013 Alison Simcox, PhD US EPA Region 1 Air Quality Planning Unit

2. Outline • 2012 PM2.5 NAAQS • Recent DC Court Decisions: • PM2.5 Implementation Rule • Significant Impact Levels (SILs) • Significant Monitoring Concentrations (SMCs) • PM Advance

3. PM NAAQS – Signed Dec 14, 2012 • Revised annual PM2.5 standard by lowering level from 15 to 12 µg/m3 • Retained 24-hour PM2.5 standard at 35 µg/m3 • Retained existing (24-hour) PM10 standard - 150 µg/m3 • Retained existing secondary standards – 15.0 µg/m3 (annual) & 35 µg/m3(24-hour); no separate standard to protect visibility • Updated Air Quality Index (AQI) to be consistent • Initial attain/nonattain designations by Dec 2014; likely effective in early 2015 More info: www.epa.gov/airquality/particlepollution/actions.html

4. Revised annual PM2.5standard • Meeting annual standard of 12.0 μg/m3 will provide: $4 - $9.1 billion/year health benefits in 2020 = $12 - $171 return for each dollar invested in reducing pollution. • Estimated annual implementation costs: $53 - $350 million.

5. Court decision: PM2.5Implementation Rule • NRDC, Sierra Club, ALA & Medical Advocates for Healthy Air challenged EPA’s 2007 Implementation Rule (IR) for 1997 PM2.5 NAAQS (& for 2008 NSR/PSD rule). • Jan 4, 2013 Court decision: CAA requires implementation of PM2.5 NAAQS (and NSR/PSD) under Title I, Part D, subpart 4rather than subpart 1. • Subpart 4: more specific than subpart 1 about what states must do to bring areas into attainment. Uses a two-tier classification system (Moderate and Serious).

6. Court decision: PM2.5 Implementation Rule • Decision does not affect new (Dec 2012) annual PM2.5 standard, but will affect associated implementation rule. • Court remanded 2007 IR (& 2008 NSR/PSD) rules back to EPA to repromulgate pursuant to subpart 4, but did not vacate them or set deadline. • EPA assessing effect on pending SIP actions (e.g., NAA SIP submittals for 1997 & 2006 PM2.5 NAAQS) and on NSR actions.

7. PM2.5 SILs and PM2.5 SMC • Under sec. 165(a)(3) of CAA, PSD permit applicant must show that emissions from proposed facility will not cause or contribute to air pollution > any max allowable increase for any pollutant, and must comply with the NAAQS. • Oct 20, 2010, EPA modified PSD rules: added PM2.5 max allowable increases in ambient pollutant concs (increments) & two screening tools (PM2.5 SILs and PM2.5 SMC) to reduce burden of AQ monitoring/modeling for permit applicants for projects with small AQ impacts.

8. PM2.5 SILs and PM2.5 SMC • SILs & SMC provide exemptions to PSD permit applicants from certain PM2.5 preconstruction modeling and AQ monitoring. • SILs (Significant Impact Levels) – tool to evaluate impact of proposed/ modified major source on NAAQS or PSD Increment. If predicted AQ impacts < SIL, impact considered de minimis & cumulative modeling analysis not required. (Also used to evaluate modeled impact.) • SMC (Significant Monitoring Concentration) – tool to determine if a source must submit 1 year of pre-construction AQ monitoring data before building/modifying a facility. If predicted impact or existing data < SMC (4 μg/m3 (24-hour average)), considered de minimis. • Sierra Club claimed EPA lacked statutory authority and had not showed that PM2.5 SILs and SMC represent de minimisimpacts. Court vacated & remanded Oct 2010 PM2.5 SILs rule and vacated PM2.5 SMC rule.

9. Draft guidance: PM2.5 SILs and PM2.5 SMC • March 4, 2013 - “Draft Guidance for PM2.5 Permit Modeling” Provides path forward for pending PSD permits that relied on PM2.5 SILs and SMC exemptions. • SMC – Don’t rely on PM2.5 SMC to avoid compiling AQ monitoring data. But, instead of PM2.5 monitors, applicants may submit PM2.5 ambient data from existing monitoring networks if representative of AQ. • SILs – Don’t rely on PM2.5 SILs to conclude that source will not cause/contribute to NAAQS violation, but permit authority may rely on SILs as partial support.

10. Draft guidance: PM2.5 SILs and PM2.5 SMC • EPA is accepting comments on Draft Guidance through May 31, 2013. (comments to Bridgers.George@EPA.gov) • EPA will discuss comments at “2013 Regional, State, and Local Modeler’s Workshop” on April 22-25 in Dallas. EPA will then revise & release final version of the guidance.

11. Impacts of court decision: SILs & SMC • PM2.5 SILs and PM2.5 SMC are not required elements in PSD SIP. Therefore, states can withdraw these parts of SIP submissions. • Decision does not preclude use of SILs for PM2.5 , but need more care using them to support conclusion that source won’t cause/contribute to NAAQS violation. • Sources with final PSD permits not likely to be affected as they were issued according to rules in effect at that time.

12. PM Advance • Modeled after Ozone Advance Program • Promotes local actions to reduce PM2.5 & precursors in attainment areas to avoid nonattainment. • “Path forward” or “Action Plan” www.deq.state.va.us/Programs/Air/PublicNotices/AirPlansandPrograms.aspx • Path forward can be as simple as list of measures/programs & schedule for each.

13. PM Advance • Participation should last for a period of five years or longer as needed/desired. • Program does not create or avoid regulatory requirements, but could result in state or federally (if approved into SIP) enforceable regulations. • Emission reductions could be accounted for in future SIP planning. • Grant/ funding opportunities: http://epa.gov/ozonepmadvance/resourcesPM.html

14. Advance Program Participants • OZONE + PM - 32 areas in 20 states/8 EPA Regions (Regions 3-10) • PM advance: • Southwest Louisiana area - MPO • Yakima Regional Clean Air Agency • Minnesota • New England: Keene area, NH?

15. For More Information… • PM2.5: Alison Simcox (617) 918-1684 simcox.alison@epa.gov • Permits (SILs & SMC): Donald Dahl (617) 918-1657 dahl.donald@epa.gov