1. Overview of Air Quality Issues in Tennessee Air & Waste Management Association Southern Section 2010 Annual Meeting & Technical Conference Mobile, Alabama August 3 – 6, 2010

2. Outline  Fine Particles – PM 2.5  1997 Annual Standard  2006 Daily Standard  Remand/Reconsideration of the 2006 Standard  Ozone  1997 Standard  2008 Standard & Its Reconsideration as a 2010 Standard  Lead  Nitrogen Dioxide  Sulfur Dioxide  Regional Haze

3. Outline Continued  Air Toxics  USA Today Articles About Schools Air Quality and the sampling that followed in Tennessee.  TVA  Kingston Ash Slide  NC Public Nuisance Suit  2009 TVA Tennessee Plant Emissions

4. PM 2.5 NAAQS Standards Annual Standard = 15µg/m 3 Daily Standard = 35µg/m 3 → Was 65µg/m 3

8. PM 2.5 NAAQS Implementation Timeline Annual Standard 15 µg/m 3 Daily Standard 35 µg/m 3 Governor Recommendation February 12, 2004Governor Recommendation December 18. 2007 EPA Preliminary Response June 29, 2004EPA Preliminary Response August 19, 2008 EPA Final Announcement December 17, 2004EPA Final Announcement November 13, 2009 Effective Date Of Designations April 5, 2005Effective Date Of Designations December 14, 2009 SIPs DueApril 5, 2008SIPs DueDecember 14, 2012 Attain StandardApril 5, 2010 + Up To 5 yrs Extension Attain StandardDecember 14, 2014 + Up To 5 yrs Extension

9. PM 2.5 NAAQS The Annual Standard

10. PM 2.5 Fine Particulate Non-attainment Areas of Tennessee Designated based on 15 ug/m3 Annual Standard PM 2.5 non-attainment Counties Designated based on 15 ug/m3 annual standard Chattanooga, AL-TN-GA ALABAMA Jackson Co (Partial) GEORGIA Catoosa Co Walker Co TENNESSEE Hamilton Co Knoxville, TN TENNESSEE Anderson Co Blount Co Knox Co Loudon Co Roane Co (Partial)

11. PM 2.5 Annual Standard SIPs  Greater Knoxville Area SIP  SIP approved by the state air board on April 4, 2008 and submitted to EPA for federal approval.  Greater Chattanooga Area SIP  SIP approved by the state air board on October 14, 2009 and submitted to EPA for federal approval.  Area includes portions of GA & AL

12. PM 2.5 NAAQS The 24 Hour Daily Standard

13. PM2.5 Nonattainment Counties 35ug/m 3 Daily NAAQS

14. CASAC/EPA Review of PM 2.5 NAAQS  By Court Action, EPA Was Instructed To Review its 2006 Review/Revisions To The PM 2.5 NAAQS  On July 8, 2010, EPA released its 2 nd External Draft of its review of the science  EPA Currently Concludes:  Consideration should be given to an annual standard of 11 –13 ug/m 3 and leave the daily standard at 35 ug/m 3  Consideration could be given to an annual standard of 11 ug/m 3 and a daily standard of 30 ug/m 3

15. OZONE UPDATE 1997 Standard

16. Tennessee 1997 Ozone NAAQS Attainment Status

17. Knoxville Area  A Court Vacature of the EPA Part I 8-Hour Ozone Rule Eliminated The June 15, 2007 Deadline For Subpart I Basic Area SIP Submittals.  A New Rule Has Been Proposed By EPA To Address Subpart I Basic Areas That Are Still Not Attaining The 1997 Standard. See January 16, 2009 Federal Register - Link: http://edocket.access.gpo.gov/2009/pdf/E9-806.pdf http://edocket.access.gpo.gov/2009/pdf/E9-806.pdf  If This Rule Is Unchanged And Goes Final, Knoxville Will Be Subpart II Moderate for the 1997 standard.  Tennessee Submitted Its Bid For Redesignation To Attainment (2007-2009 Data) on July 14, 2010.

18. OZONE UPDATE Continued Abandoned 2008 Standard 75 ppb Upcoming 2010 Standard 60 – 70 ppb?

19. O 3 Implementation Timeline MilestoneOld DateNew Date (ESTIMATED) Rule SignedMarch 12, 2008August 2010 State Designation Recommendations to EPA No later than March 12, 2009 January 2011 Final DesignationsMarch 12, 2010 Up To 1 Extra Year If Unclassifiable July 2011 Attainment Demonstration SIPs Due 2013 Up To 1 Extra Year If Unclassifiable December 2013 Attainment Dates2013 - 2030 Depending Upon Severity Of Problem 2014 - 2031 Depending Upon Severity Of Problem

22. Potential Impacts of New Secondary Std.

25. Lead NAAQS There’s A New Standard In Town  Old Standard 1.5 ug/m 3  New Standard 0.15 ug/m 3  Link To EPA Fact Sheet For More Information:  http://epa.gov/air/lead/pdfs/20081015pbfa ctsheet.pdf http://epa.gov/air/lead/pdfs/20081015pbfa ctsheet.pdf

26. Lead NAAQS Implementation Timeline MilestoneDate Governor RecommendationOctober 2009 Monitoring Network At Least ½ Required Sites Operational By 01/01/10 – Rest By 01/01/11 Final Designations No Later Than 01/01/12, But Some May Be Designated Earlier If Data Is Complete Transitional Strategy Old Std. To New Std. - No Backsliding Revoke 1978 Lead NAAQS In Pre- 2009 Attainment Areas No Later Than 01/01/12 SIPs DueJune 2013 Attainment Date No Later Than January 2017

27. Proposed Non-attainment Boundary

28. Lead Source Modeling Results

31. Revisions to Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS) Federal Register /Vol. 75, No. 26/ Tuesday, February 9, 2010 / Final Rules Nitrogen Dioxide

32. Nitrogen Dioxide Implementation Timeline MilestoneDate State Designation Recommendations to EPA January 2011: One year following promulgation (Based on existing network data – 2008-2010 data – 2010 data would not be fully QA’d) Designations January 2012: EPA designates all/most areas as “unclassifiable” (because near road monitors not in place) New NO2 Monitoring Network January 1, 2013: All monitors operating – future designations from this data ~2016-2017

33. Background  On July 15, 2009, the EPA proposed to strengthen the primary NAAQS for nitrogen dioxide (NO 2 ).  Proposed changes would protect public health, especially the health of sensitive populations.  On January 22, 2010 EPA announced the final revisions to the NAAQS for nitrogen dioxide (NO 2 ).

34. New Standard Levels  EPA is adding a new Primary 1-hour NO 2 standard at a level of 100 parts per billion (ppb).  EPA will retain the current Primary annual average NO 2 standard of 53 ppb.  EPA will also retain the current Secondary annual average NO 2 standard of 0.053 ppm.  EPA revised the AQI for NO 2 to incorporate the new 1-hour standard revisions with new levels set for the Good, Moderate, USG and Unhealthy categories where none existed before.

35. Form of Standard  The 1-hour primary standard is met when the 3-year average of the annual 98 th percentile of the daily maximum 1-hour average concentration is less than or equal to 100 ppb.  The annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb.  The secondary standard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places.  Note: The 98 th percentile for a year corresponds approximately to the 8 th highest daily maximum.

36. Nitrogen Dioxide Monitors Operating in 2009

39. Sulfur Dioxide (SO 2 ) NAAQS New Primary NAAQS Standard of 75 ppb – 1 hour basis

40. Implementation of the 1 Hour SO 2 NAAQS DeadlineMilestone June 2010EPA Set New 1 Hour Standard – 75 ppb June 2011 States Submit Designations Recommendations Based Upon Monitoring and Modeling June 2012EPA Issues Final Designations January 2013New Ambient SO 2 Network Operational June 2013 Infrastructure SIPs + Modeling Based SIPs Showing Attainment for Attainment and Unclassified Areas by August 2017 Due to EPA February 2014Nonattainment Area Plans Due to EPA August 2017All Areas Attain Standard

41. SO 2 Modeling Versus Monitoring  Modeling is for medium to large sized SO 2 sources  Modeling guidance from EPA forthcoming  Monitoring is for clusters of smaller sized sources not well suited for modeling  New rule establishes minimum SO 2 monitoring network criteria  Must be in place by January 2013

42. Possible Additional SO 2 Monitors Needed

43. Sulfur Dioxide Monitors Operating in 2009

45. Regional Haze Path Forward to 2064

46. State SIP Obligations To Address Regional Haze  Assess Current Visibility Levels In Class I Areas  Determine Natural Conditions Of Visibility In Class I Areas (pre- Americanization)  ID & Protect the 20% Best Days  ID & Improve the 20% Worst Days  Apply BART and Reasonable Progress as needed  Be At Natural Conditions By 2064

47. Trick or Treat? Tennessee’s Regional Haze SIP May Be The First In The Nation To Be Conditionally Approved!

48. New IMPROVE equation Uniform Rate of Progress Glide Path (Base G2a projections) Great Smoky Mountains - 20% Worst Days 30.28 29.01 25.85 22.69 19.53 16.37 13.20 11.31 22.87 0 5 10 15 20 25 30 35 20002004200820122016202020242028203220362040204420482052205620602064 Year Haziness Index (Deciviews) Glide PathNatural Condition (Worst Days)ObservationMethod 1 Prediction Uniform rate of progress = 4.4 dV by 2018

49. BART  BART = Best Available Retrofit Technology  Applies to Certain Large Source Categories that were Pre-PSD  26 Source Categories  Emit >250 Tons/Year PTE of Visibility Impairing Pollutants  Built 1962-1977 → 15 years prior to PSD  In Tennessee, only those sources that model Class I Area impacts of >0.5 dV will be subject to BART

50. Reasonable Progress Analysis  Required by Regional Haze Rule [§51.308(d)(1)(i)(A)] to consider four factors when establishing our Reasonable Progress Goal (RPG)  Cost of compliance  Time necessary for compliance  Energy and non-air quality environmental impacts of compliance  Remaining useful life of any existing source subject to the requirements

51. Simulated 20% Haziest Days at Great Smoky Mtns 2000-2004 2018 Base F

52. Simulated Natural Background Visibility Great Smoky Mtns

53. EPA Schools Air Toxics Monitoring Program

54. Background  USA Today Article dated Dec. 8, 2008  USA Today teamed with Johns Hopkins University and University of Maryland  Modeled and conducted screening measurements of air toxics around a number of schools across the country  Come up with list of 437 schools and ranked them worst to best

56. Study History  New EPA Administrator told staff in January 2009 to investigate the schools air toxics issue  Staff selected 62 schools across the country to conduct testing around  Short term study- 60-day sampling period  Reports for the 4 TN schools may be viewed at: http://www.epa.gov/schoolair/schools.html http://www.epa.gov/schoolair/schools.html

57. School Selection and Toxics  Four of the 62 schools EPA selected are in Tennessee  Ashland City Elementary: Metals (Manganese)  Lakeview Elementary: Metals (Manganese)  Greene County High School: (Disocyanates)  Vonore Middle School: (Disocyanates)  EPA wanted to get the study off the ground immediately

58. Manganese Screening Level = 500 ng/m3

62. TVA Information Kingston Ash Slide Air Monitoring NC Public Nuisance Lawsuit Against TVA 2009 TVA Tennessee Plant Emissions

65.  Two Standards Apply And Appear In Both Chapter 1200-3-8 Of The State Air Pollution Control Regulations And The Kingston Steam Plant Operating Permit:  “Reasonable Precautions” to prevent the material from becoming airborne: A General Duty Type Regulation  Visible Emissions shall not cross the property line for over 5 minutes in a one hour period or 20 minutes in a twenty-four hour period. Requires a certified visible emissions evaluator and adherence to TVEE Method 4 to determine compliance. TDEC-APC Performance Standards For Fugitive Dust Control

67. NC Public Nuisance Lawsuit Against TVA  On July 26, 2010, the United States 4 th Circuit of Appeals reversed and remanded the order of the lower court that granted relief for NC against TVA on their claim of public nuisance.  The judgment of the 3 judges was unanimous  NC can ask for appeal En Banc (10 Judges on the 4 th Circuit Bench) or go to the Supreme Court if they elect to fight it.