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Ozone 08 Setting Boundaries For Non Attainment
EFO 17th Annual Meeting Steering the Course
for Environmental Success Crowne Plaza Hotel,
Tulsa, Oklahoma October 3, 2008
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Timeline

• March 12, 2008 EPA announces the 0.075 standard
• March 12, 2009 States are required to propose
  nonattainment area designations
• March 12, 2010 EPA designates nonattainment
  areas
• EPA will have the data for the 2009 ozone season
  
• to use for their designation

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11 Factors for Setting Boundaries

• Emissions and air quality in adjacent areas
• Population density
• Ozone monitoring data
• Location of emission sources
• Traffic patterns
• Expected population growth
• Meteorology
• Topography
• Jurisdictional boundaries
• Level of control of emission sources
• Regional emission reductions

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• For the state of Oklahoma, the MSAs are
• Fort Smith MSA Le Flore and Sequoyah counties
  in Oklahoma and Crawford, Franklin, and Sebastian
  counties in Arkansas
• Lawton MSA Comanche county
• Oklahoma City MSA Canadian, Cleveland, Grady,
  Lincoln, Logan, McClain and Oklahoma counties
• Tulsa MSA Creek, Okmulgee, Osage, Pawnee,
  Rogers, Tulsa, and Wagoner counties

For nonattainment areas, the EPA default
boundaries are the county if no Metropolitan
Statistical Area (MSA) exist, and the MSA if one
does exist.
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Oklahomas Current Status

• Both Oklahoma City and Tulsa are in violation of
  the new 0.075 ppm standard using 2006 2008
  ozone data
• Oklahoma City sites Edmond (0.079)
  Choctaw (0.076)
• Tulsa site Skiatook (0.078)
• The presumed default is the MSA
• DEQ will hold meetings in Oklahoma City and Tulsa
  to take comments
• Tulsa November 17 or 19, 2008
• Oklahoma City December 4,
  2008

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For more information on ozone designations
contact Leon Ashford, DEQ Air Quality,
405.702.4173 Leon.Ashford_at_deq.state.ok.us Or
visit the DEQ web site at www.deq.state.ok.us/AQ
Dnew
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Changes in the Alternative Enforcement Policy
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What Is It?

• An agreement by the regulated facility to by-pass
  the NOV process by cooperating with the
  Department to come into compliance quickly.
• It is not a forum for dispute of the violations
  or of the interpretation of the rules or
  statutes.

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Changes in the Policy

• The Cover Letter will summarize the noncompliance
  issues in the evaluation report.
• A company will have 30, instead of 20, days to
  submit a compliance plan.
• A company will have an opportunity to schedule a
  meeting to discuss the alternative enforcement
  policy within 10 days of receiving the evaluation
  report (before the compliance plan is due).

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What Hasnt Changed

• Enforcement will be handled the same as if an NOV
  is issued.
• AEP just skips the NOV step for on-site
  evaluations.
• It does not change the enforcement process.
• Not a get out of jail free card.
• Goal is to foster cooperation between the
  regulated community and the Department

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Mercury in Fish 2008

• 48 Lakes scheduled for collection in 2008
• 28 Collected as of September 26
• Analysis complete on 19 as of September 26
• Collections and analysis will be complete by
  January 1, 2009

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Mercury in Fish 2008Lakes Sampled Analyzed

• Lake Fuqua
• Lake Murray
• Lake Texoma
• Lake Frederick
• Lake Lawtonka
• Lake McMurtry
• Lake of the Arbuckles
• Tom Steed Lake
• Atoka Lake
• Coalgate City Lake

• Lake Elmer Thomas
• Lake Ellsworth
• Lake Stanley Draper
• McGee Creek Lake
• Quanah Parker Lake
• Rush Lake
• Broken Bow Lake
• Hugo Lake
• Sardis Lake

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Mercury in Fish 2008Lakes Collected Awaiting
Analysis

• Pine Creek Reservoir
• Greenleaf Lake
• Lake Tenkiller
• Lake Wister
• Robert S. Kerr Reservoir
• Lake Ft. Gibson
• Lake Eucha
• Lake Hudson
• Lake Spavinaw

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Mercury in Fish 2008Lakes Awaiting Collection

• Lake Thunderbird
• Shawnee City Lakes
• Zoo Lake
• Birch Lake
• Copan Reservoir
• Grand Lake
• Lake Oolagah
• Skiatook Reservoir
• Boomer Lake
• Ft Supply Lake

• Kaw Reservoir
• Lake Carl Blackwell
• Lake Ponca
• Sooner Lake
• Lake Heyburn
• Keystone Reservoir
• Lake Eufaula
• McAlester City Lake
• Wes Watkins Reservoir
• Canton Lake

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GHG ANPRPermitting Issues

• Clean Air Act Advisory Committee
• September 17, 2008

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ANPR Basics

• An ANPR is used to obtain more information and
  solicit public input on possible regulatory
  approaches before deciding whether/what to
  propose
• The GHG ANPR
• Represents EPAs next step in responding to Mass
  v EPA
• Reviews and summarizes available science on
  climate change and its effects
• Reviews work to date on potential motor vehicle
  GHG standards under CAA
• Examines interconnections among CAA provisions
  regulation of GHGs under one provision could or
  would lead to regulation under other provisions
• Examines implications of applying particular CAA
  authorities to GHGs and provides a comprehensive,
  in-depth exploration of the opportunities and
  challenges application of CAA authorities would
  present
• Asks detailed questions on a wide range of
  policy, legal and technical issues and approaches
• Solicits technical information and data
• Signed by Administrator July 11, 2008
• Published on July 30 (Permitting Section is at 73
  FR 44497-44514)
• Public comment period open until November 28

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PSD Implications

• PSD program applies to pollutants regulated under
  any CAA authority with the exception section 112
  or section 211(o)
• PSD requires preconstruction review and
  permitting for new major emitting facilities and
  modifications (i.e., significant increases) at
  existing major emitting facilities
• Major source thresholds for PSD program
• 100 tpy for categories listed in the CAA
• 250 tpy for other categories
• Significance levels up to 100 tpy for current
  pollutants

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PSD ANPR Discussion

• Applying these thresholds to GHGs would increase
  the number of PSD permits by at least an order of
  magnitude from 200-300 per year to thousands of
  PSD permits each year
• For GHG, would potentially cover many small
  sources (e.g., large residential/commercial
  bldgs.) and many small modifications at
  traditional major sources.
• Substantial expansion of PSD raises serious
  concerns (BACT, delay, etc.) and questions (e.g.,
  whether any benefits could be achieved more
  efficiently through approaches other than case-by
  case review)

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PSD ANPR Options

• ANPR takes comment on options to restrict the
  program to larger sources and/or to streamline
  compliance for GHG sources added to the program,
  such as
• Set higher major source thresholds for GHGs
• Set higher significance levels for GHGs
• Phase in the program slowly, starting with large
  sources
• Reduce the number of additional small sources
  that need PSD permits through limitations on, or
  interpretations of, sources potential to emit
• Streamline the permitting of such sources though
  a range of approaches (presumptive BACT, general
  permits)
• Legal theories presented for comment
• Administrative Necessity Absurd Results

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Title V Permit Program Discussion

• Title V operating permits also affected by GHG
• Title V consolidates air pollution control
  requirements into one permit requires
  monitoring, reporting, certification, etc.
• Required for new and existing sources above 100
  tpy (and other sources as well)
• If the 100-ton major source threshold were
  applied to GHGs, this would substantially
  increase the number of sources required to obtain
  Title V permits
• Could be more than 500,000 permits required
• Many smaller sources would be required to obtain
  a permit for the first time
• Initial workload would likely be overwhelming

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Title V ANPR Options

• As with PSD, ANPR takes comment on a range of
  ways to avoid a large increase in the number of
  sources required to obtain Title V permits
• Major source size
• PTE limits
• Similar legal theories to those for PSD
• Also takes comment on ways to streamline
  compliance for sources that are covered
• General permits, phase in, etc.
• Would the Title V permit fees structure need to
  be modified if GHGs were regulated?

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Questions for Discussion(sampling from ANPR)

• Is our estimate of the magnitude of the impacts
  reasonably accurate and complete? Do our
  estimates make sense?
• Which tailoring options are most promising?
• Advice on structuring any of the options?
• Are any tailoring options not worth pursuing?
  Are there others we should be considering?
• Should we raise the CO2 major source size
  significance level?
• Can we conclude there will be administrative
  necessity or absurd results? Do States have
  data/estimates to support this?
• Would either legal doctrine justify such an
  action?
• If so, what level should we select and what
  basis?
• Could presumptive BACT work? How?

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Proposed Mandatory GHG Reporting Rule

• In response to the FY2008 Consolidated
  Appropriations Act, EPA is drafting a proposed
  rule that requires mandatory reporting of
  greenhouse gases (GHGs) from the largest emission
  sources in the U.S.
• This rule will propose options for collecting
  accurate and comprehensive emissions data to
  inform future policy decisions.
• EPA has held more than 100 meetings with
  different groups since January including trade
  associations, states, and regional groups,
  tribes, and NGOs.

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Proposed Mandatory GHG Reporting Rule

• Issues to be considered in the context of
  proposed rule
• Who will submit reports?
• How will the data be reported?
• What will the thresholds for reporting be?
• What reporting methodologies will be used?
• How frequently will reports be submitted?
• Who will verify the data?
• Timeline on Appropriations Act
• September 2008 Proposed rule published
• June 2009 Final rule published

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Miscellaneous EPA Activities

• CAIR
• CAMR
• Lead NAAQS

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