planning for clean air: an introduction to the “sip process” sip 101

Planning for Clean Air:

An Introduction to the “SIP process”

SIP 101

U.S. EPA Region 4 – Basic Air Quality Training

The many faces of Air Pollution!


Clean Air Act (CAA)

► Under this law EPA sets limits on how much of a pollutant can be in the air anywhere in the U.S.

► Gives EPA enforcement powers (EPA can fine a company for violating the CAA).

► States do much of the work to carry out the Act (pollution control problems are unique to the different industries and geography areas).

► Allows the public to participate in the process and request EPA or states to take action against violators.


What is the “Air Quality Management” process ?

• Air Quality Management (AQM) … the process to relate National Ambient Air Quality Standard (NAAQS) air quality measurements to emissions data … determine the reductions & control measures needed to meet the NAAQS.

• AQM is the approach, or pathway to translate measured air quality problems into a regulatory clean air plan, or State Implementation Plan (SIP).

• SIPs are the framework to provide for control measures that “clean the air” and achieve or maintain the standards.


What is the “air quality management” process ?

EnforceAction

Attain/Maintain

Violate

NAAQS

New/Revised New Violation

Designations

Maintain

Attainment Nonattainment

SIPRevised Attain

DemoFed/LocalMeasures

PSD

SIPAction

Violate Attain/Maintain

Monitor

ENF

NewViolation

EI


What is the “Air Quality Management” process ?

• Emission inventories, monitoring and air quality models are central to air quality management, they are tools that help to:

– understand cause of an air quality standard violation

– develop control strategies to reach attainment

– demonstrate that selected strategies will lead to attainment

– assess whether progress is made toward reaching standard


What Are The NAAQS?

• National Ambient Air Quality Standard set for “Criteria Pollutants”.

• Criteria Pollutant: A group of six widespread and common air pollutants regulated by EPA to protect health and the environment.

• Two NAAQS Standards Primary and Secondary:– NAAQS primary standard is to protect human health– NAAQS secondary standard, to protect public

welfare and the environment


What Are The NAAQS? (continued)

• NAAQS set for ground level Ozone (smog), Particulate Matter, Carbon Monoxide, Lead, Nitrogen Dioxide and Sulfur Dioxide.

• The Act requires EPA to review these standards every five years.


What are EPA’s National Ambient Air Quality Standards?


What is a State Implementation Plan (SIP)?

It’s a plan for “clean air!”

Clean Air Act requires a general plan to achieve the NAAQS in all areas of the country and a specific plan for each nonattainment area.

Each state is responsible for developing plans to demonstrate how standards will be achieved, maintained, and enforced.

These enforceable plans, SIPs are developed by States (and locals) and submitted to EPA for approval.


• After EPA approval, these SIPs and associated control measures are enforceable at both the state and national levels.

• These plans make up the State Implementation Plan.

• Plans are the framework (states recipe for success) for each state's program to protect the air.

• States must regularly update SIPs

What is a SIP? (continued)


SIP

Resources

Legal Authority

Source Surveillance

Enforcement

Permitting

Emergency Episode

Voluntary and Non-traditional

Measures

Air Quality Monitoring

Control Strategy Demonstration

New Source Review

Emission Limiting Rules and Regs

Mobile Measures and Fuels


Regions use different terms, basically allows EPA to accommodate various State/Local agency relationships.

States have varying arrangements, certificate of exemption, memo of agreement or other documents that delegate specific authority (enforcement or permitting) to a Local agency.

State ensure LIPs are equivalent or more stringent.

Portion of the SIP.

What is a LIP?

13 yrs old/attitude


Who is Required to

Have a SIP?

Each State, required and approvedby EPA pursuant to Section 110of the Clean Air Act


Its alive

o Revised by State as necessary

o Addresses unique air pollution problems in State

o Keeping SIP updated is a continuous process

o Number of submittals vary

o The different terms of SIP

The SIP, a Living Document


What Must a SIP Revision Do?

• Makes adjustments to state/local air quality rules to provide for attainment and/or maintenance of the NAAQS (section 110 of Clean Air Act)


What Does a SIP Include?

• Emissions inventory• Emission control measures/regulations• Rate of Progress Plans• Attainment Plans (Modeling)• Maintenance Plans• New Source Review• Commitment/Demonstration


Source- Specific Regulations

ROP

TCM

Attainment Plan

Regulations Non-regulatory

Source-specific

(permits)

What Does a SIP Include?(continued)

The Mixing Pot

I/M

RACT Rules

VoluntaryPrograms


What are control measures that are placed in SIPs?

Industrial VOC controls

Surface coating controls

Transportation controls

NOx controls

Industrial VOC controls

Auto Testing –I/M

”Super clean” cars

Stage 2 Vapor controls


Who is Responsible for Developing the SIP?

• Governor or his designee.

• Generally delegated to Environmental Secretary or equivalent.

• Local or regional agencies in some states delegated some authority, but usually not SIP adoption.– Usually limited to inspections, monitoring, etc.


CAA or court case mandates plan revision or State/Local decide to revise its own plan.

EPA reviews SIP for completeness/approvability… propose in Federal Register.

State submits changes to EPA Regional Office.

Once approved, plan becomes Federally enforceable.

Hot off the press

How does the SIP Process Work?


What are the Steps Followed to Prepare a SIP?

• Determine emissions• Develop strategy• Determine emission changes• Model to determine air quality changes• Compare to NAAQS• Adjust strategy as necessary and reanalyze• Draft rules to implement strategy• Adopt rules using state process and minimum federal public

participation requirements (40 CFR Part 51)• Submit to EPA• EPA rulemaking


• Statutory

• Regulatory

• Policy and Guidelines

• Court decisions

EPA Policy memos

What guidance exists for SIP preparation?


Regulatory

• Regulatory sources: Title 40 Code of Federal Regulations Parts 50, 51, 52 and 81.

– Part 50: The primary and secondary standard for each criteria pollutant.

– Part 51: Emission inventory reporting requirements and the requirements for preparation, adoption, and submittal of implementation plans.


– Part 52: Approval and promulgation of implementation plans approved by EPA

– Part 81: Designation of areas for air quality planning purposes

Regulatory (continued)


State SIP information from the web …


What is the State Process?

Although not required, SIP revisions usually go through an environmental board (designated by environmental secretary).

30-day comment period. Public hearing/availability of SIP revision announced in

state public forum (local newspapers). Public hearing. Response to comments. Legislative review (State requirement). Formal adoption. SIP submittal.


Federal, State and Local Governments

Tribes

Regulated Community

Others

Stakeholders


Other Organizations involved in SIP Process

Metropolitan Planning Organizations (MPOs)

Other state agencies (transportation, energy)

Ozone Transport Commission (OTC)

Center for Clean Air Policy (CCAP)

STAPPA/ALAPCO


How Long Does A SIP Revision Typically Take?

• Technical Evaluation 6 months to 1 year

• State Rulemaking 6 months to 2 year

• EPA Approval 6 months to 18 months


What are the steps in EPA’s Rulemaking Process?

• Review state submittal (EPA Regions)– “Complete” findings– Partial approval– Limited approval/disapproval– Conditional approval– Approval– Disapproval


What are the steps in EPA’s Rulemaking Process? (continued)

• Prepare technical support document• Propose action in Federal Register• Allow for comment period• Response to comments • Publish final action in Federal Register


Types of Submittals

Drafts (not required)

Prehearings

Finals

Request for parallel processing


Types of SubmittalsContinued

Drafts: Allows Region to review complicated or controversial revisions and resolve issues prior to prehearing.

Parallel Processing: Region will publish proposed approval while State is holding its public hearing and comment period. Region can publish final approval upon receipt of final submittal if no major revisions.

Drafts: Are very advantages when requesting parallel processing.


Review Time

∂ Drafts (30 days or more)

∂ Prehearings (at least 30 days, required by law) ∂ Finals (6 months to determine complete, 12 months after

to act on)

∂ Request for parallel processing


Submitting a Revision

Drafts: Can be submitted by email (electronic copy) or hard copy.

Prehearings: Will accept email (to meet 30 day requirement) must follow-up with hard copy.

Finals: Must be submitted to Regional Administrator (hard copy).

Parallel Processing: Must be submitted to Regional Administrator (hard copy).


Submitting a RevisionContinued

• Note: When submitting a prehearing through email cc Sean Lakeman, Dick Schutt, and Kay Prince. This will ensure it gets distributed if State contact is out.

• Note: A prehearing (always follow-up with hard copy) may be submitted to the Division Director.


Completeness Determination

Appendix V of 40 CFR Part 51 sets the minimum criteria for determining whether a State submittal is an official submittal for purposes of review.

Inform State within 60 days of receipt but no later than 6 months of completeness determination.

Completeness determination is not a determination of

approvability.


Completeness DeterminationContinued

A submittal determined incomplete is not an official submittal.

2 parts of a completeness determination:

Administrative Materials

Technical Support


Administrative Materials

Letter from Governor or his designee requesting EPA approval (use language in letter).

Evidence State adopted the plan (include date of adoption and effective date).

Evidence State has legal authority under State law to adopt and implement plan.

A copy of actual regulation (redline/strikeout) signed, stamped and dated by appropriate State official.


Administrative MaterialsContinued

Evidence State followed all procedural requirements of State law.

Evidence that public notice was given.

Certification that public hearing(s) were held IAW information provided to the public.

Compilation of public comments and States response.


SIP APPROVAL

• SIP submittals come from State to EPA Regional Offices.

• EPA Regional Administrators have been delegated authority to approve most SIPs.

• EPA determines whether a SIP meets the requirements of the CAA and EPA regulations … approve or disapprove in Federal Register.

What is the SIP approval process?


EPA publishes notice in Federal Register.

Revisions federally effectiveafter effective date.

What is the SIP approval process? (continued)


What Happens if a SIP Revision is Not Submitted/Disapproval?

• New Source Review permitting sanctions:– After 18 months sanctions clock– 2 to 1 offset

• Highway funding sanctions:– After 24 months sanctions clock

• Federal Implementation Plan (FIP):– After 24 months sanctions clock– Not permanent


How Do Sanctions Work?

• SIP revision required by a set date.• EPA finding of failure to submit starts 18-month clock.• After 18 months New Source permitting sanctions imposed.• After 24 months FHWA is required to impose funding

moratorium for all but exempt projects (safety, mass transit).• State air grants are subject to moratorium also.• After 24 months EPA to promulgate federal rules to correct SIP

deficiency.


Problems Impacting the Approval of SIPs

• Plans that do not meet CAA or EPA rules and Guidelines … or not consistent with court case

• Regulations that are vague, missing test methods, or technical justification … incomplete

• Regulatory relaxation without justification

X


Section 110(l)

“The Administrator shall not approve a revision to a Plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.”

What the CAA says about backsliding….


Summary …How the SIP process works

State/Local prepares and adopts plan after public hearing

State submits SIP to EPA Regional office

EPA reviews SIP for completeness … if complete … propose in FR

EPA approves/disapproves plan after considering public comments

After SIP approval, the plan becomes Federally enforceable

If SIP Federally mandated and disapproved … then FIP promulgated

CAA or court case mandates plan submittal , or State/Local decides to revise its own SIP


Where can I get more Information?

http://newaruba.pes.com/icode/sipman/


Where to find information relating to the new 8-hr NAAQS

http://www.epa.gov/ttn/naaqs/ozone/


Where to find the NAAQS and who’s nonattainment.

http://www.epa.gov/oar/oaqps/greenbook/


Where to find information maps … attainment of NAAQS

http://www.epa.gov/oar/oaqps/greenbook/onmapc.html


Where to find Air Quality and Emissions Data …

http://www.epa.gov/ttn/naaqs/ozone/ozonetech/airquality.htm


Where to find information about Fuels and Mobile Sources.

http://www.epa.gov/otaq/


Where to find policy documents …

http://www.epa.gov/ttn/oarpg/


The End ….

Emission InventoryEmission InventoryEmission InventoryEmission Inventory


What Is An Emission What Is An Emission Inventory?Inventory?

Current, comprehensive listing, by source, of the air pollutant emissions

Specific geographic area

Specific time period


Types of SourcesTypes of Sources

Point SourcesArea SourcesMobile

Onroad Mobile SourcesNonroad Mobile Sources

Biogenic Sources


How Are Emission How Are Emission InventoriesInventories Used? Used?

To Meet Requirements of the CAABase Year, Periodic Updates, Rate of Progress

To Track Progress Towards Attainment

To Set Baseline For Policy Planning

To Determine Control Strategies

Foundation for Modeling and Motor Vehicle Emission Budget


Why Is A Complete, Accurate Why Is A Complete, Accurate Inventory Important?Inventory Important?

A technically defensible emission inventory serves as the foundation for policy

Formulation of appropriate control strategies

Flawed data = poor policy


What Does An Inventory What Does An Inventory Contain?Contain?

Summary of emissions by source category

Geographic areaTime IntervalPopulation, employment, economic data


Continued.....Continued.....

Narrative for each source categoryProcedure used to collect dataSources of dataCopies of questionnairesMethods used in calculationDocumentation of assumptionsList of references


Consolidated Emissions Consolidated Emissions Reporting Rule (CERR)Reporting Rule (CERR)

• Final Rule published June 10, 2002

• 67 FR 39602


Purpose of CERRPurpose of CERR

To simplify reportingTo unify reporting datesDecrease burden on state and locals

Increase efficiencyProvide more consistent and uniform data


Reporting RequirementsReporting Requirements

SOxVOCNOxCOPbPM10

And now PM2.5 and NH3


Geographic Coverage of CERRGeographic Coverage of CERR

Statewide inventoryBy county - regardless of attainment status

Point, Area, Onroad Mobile, Nonroad Mobile, and Biogenics


Reporting Frequency - PointReporting Frequency - Point

Larger point sourcesAnnually

Smaller point sources every 3 yearsOr 1/3 every year


Reporting Frequency - OtherReporting Frequency - Other

Mobile and Area SourcesContinue in nonattainment area every 3yrs

Additionally, statewide every 3yrs


Submitting Data to EPASubmitting Data to EPA

June 1, 2003 - Annual CycleReporting deadline for Large point sources (type A) for the 2001 inventory

Subsequent cycles will be due 17 months following the end of the reporting year


Submitting Data - ContinuedSubmitting Data - Continued

June 1, 2004 - Three-year CycleReporting deadline for Point, mobile, and area sources for the 2002 inventory

Subsequent cycles will be due 17 months following the end of the reporting year


2002 Base Year Emission Inventory SIP 2002 Base Year Emission Inventory SIP Planning: 8-hr Ozone, PMPlanning: 8-hr Ozone, PM2.52.5, and , and

Regional HazeRegional Haze


Why 2002 As Base Year?Why 2002 As Base Year?

EPA made designations for 8-hour ozone and fine particulate matter standards in 2004

2002 reflects one of the years used to calculate design values for 8-hour ozone and PM2.5

CAA and CERR requirements


8-Hour Ozone, PM 2.5, and Regional Haze

• 8-Hour ozone and PM 2.5 designations made in 2004. PM 2.5 designations effective in 2005

• 8-Hour ozone SIPs due in 2007

• PM 2.5 and Regional Haze SIPs due in 2008


Air Emissions Reporting Requirements (AERR)

• Clean Air Interstate Rule (CAIR) to be promulgated as final rule spring 2005

• AERR originally to be proposed same day as CAIR

– Now AERR to be proposed summer 2005– Purpose is to unify all emission reporting requirement

details in subpart A of 40 CFR part 51.


Proposed Reporting Requirements

• Due Dates– Harmonize report due dates of NOx SIP call and

CERR. NOx SIP call currently requires reports due 12 month after end of reporting year. CERR specifies 17 months.

– AERR proposes to consolidate reporting times to 12 months after end of reporting year.

– Proposing that triennial year point source inventories be due 6 months after end of year beginning in 2011



• Biogenic Emissions– Proposing to remove requirement in CERR for

reporting annual and typical summer day biogenic emissions.

• Reporting Emission Model Inputs– Proposing a new provision which would allow states

the option of providing emissions inventory estimation model inputs in lieu of actual emission estimates, for source categories for which prior to the submission deadline EPA develops suitable emissions inventory estimation models and by guidance defines their inputs.



• Reporting Summer Day Emissions– Proposing to retain requirement for reporting summer

day emissions from all sources (except biogenic) at 3-year intervals, but restrict it to NOx SIP call states, states subject to CAIR, and states subject to 126 petitions.

• Reporting Winter Work Weekday Emissions– Proposing to delete the existing requirement that all

states report emissions for a winter work week day.


Availability of Draft 2002 NEI

• EPA has completed a draft 2002 National Emission Inventory (NEI)

• Comments/revisions are due by May 1, 2005.– Submit revisions through Central Data Exchange

(CDX)

• Final 2002 NEI to be released in December 2005


Inventory Guidance

• Revised emission inventory guidance for 8-hour ozone, PM 2.5, and regional haze should be available summer 2005


Where Can I Get Help?Where Can I Get Help?

Clearing House for Inventories and Emission Factors (CHIEF)

http://www.epa.gov/ttn/chief/


For more information, please contact:

Scott Martin404-562-9036

[email protected]

planning for clean air: an introduction to the “sip process” sip 101

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