Presentation on theme: "DEP’s Air Regulatory Update"— Presentation transcript:
1 DEP’s Air Regulatory Update Trina Vielhauer, Chief, Bureau of Air Regulation, Division of Air Resource ManagementJuly 29, 2010
2 EPA has OAQPS OAQPS Organization Office of the Director Central Operations and Resources (CORE) Policy Analysis and Communications Staff (PACS) Washington Operations Staff (WOS)Air Quality Assessment DivisionAir Quality Policy DivisionHealth and Environmental Impacts DivisionOutreach and Information DivisionSector Policies and ProgramsApproximately 387 people
4 Issues New NAAQS and Permitting Revisions to Chapter 62-210, F.A.C. Ozone, NO2, SO2Revisions to Chapter , F.A.C.Non-Hazardous Secondary MaterialsCAIR Replacement RuleOther Tidbits
5 Ozone Final standard to be announced by August 31 Expected level to be from to ppmFlorida WILL have nonattainment areas – see following slideNonattainment 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 ppb proposed, currently 75 ppb) based on data.
7 Ozone Nonattainment Requirements Nonattainment New Source ReviewMust offset emissions increases of NOx and VOC.Lowest Achievable Emission Rate (LAER).Net air quality improvement demonstration.Transportation ConformityTransportation plans must show that emissions of NOx and VOC do not exceed SIP emissions budgets.
8 NO2 NAAQSOn January 22, 2010 EPAAdded a 1-hour NO2 standard at 100 parts per billion (ppb); andRetained the annual average NO2 standard at a level of 53 ppbCurrent 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.EPA expects to designate by January 2012
9 SO2 NAAQSOn 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 data. (by June 2012)Additional nonattainment areas could be determined through air quality modeling.SIPS for nonattainment due 2014 outlining actions to comply no later than august 201
10 Rule 62-210, F.A.C. Updates Removing TV General Permits Flexibility to allow GPs at a TV facility for temporary activitiesAir Pollution Control EquipmentEngines!!
16 Non Hazardous Secondary Materials Characterizing which secondary materials are: fuel, ingredient or solid wasteCoal 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 criterionIf 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-attainmentEliminates fuel adjustment factorsDoes not tie-in with Acid Rain allowancesA 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 SO2Proposing budgets include a variability factor such that there are 1 and 3 year variability limits above budget
19 CAIR v. Interstate Transport Budgets Florida SO2253,450 (2010)177,415161,174Florida NOx99,44582,871120,001Florida ozone47,91239,92656,939NOx CSP8,335