Florida Department of Environmental Protection

DEP’s Air Regulatory UpdateTrina Vielhauer, Chief, Bureau of Air Regulation, Division of Air Resource ManagementJuly 29, 2010

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 Division • Air Quality Policy Division • Health and Environmental Impacts Division • Outreach and Information Division • Sector Policies and Programs • Approximately 387 people

Florida has Larry!

Issues

• New NAAQS and Permitting• Ozone, NO2, SO2

• Revisions to Chapter 62-210, F.A.C.• Non-Hazardous Secondary Materials• CAIR Replacement Rule• Other Tidbits

Ozone• Final standard to be announced by August

31• Expected level to be from 0.060 to 0.070

ppm• Florida WILL have nonattainment areas – see

following slide• Nonattainment areas will be categorized

according to severity (marginal, moderate, serious, etc.) – details to be published as implementation guidance also by August 31.

Florida Department of Environmental Protection

Areas in red indicate the CBSAs above various ozone standards (between 60-70 ppb proposed, currently 75 ppb) based on 2007-2009 data.

Ozone Nonattainment Requirements

• Nonattainment New Source Review• Must offset emissions increases of NOx

and VOC.• Lowest Achievable Emission Rate (LAER).• Net air quality improvement

demonstration.• Transportation Conformity

• Transportation plans must show that emissions of NOx and VOC do not exceed SIP emissions budgets.

• On January 22, 2010 EPA• Added a 1-hour NO2 standard at 100 parts per

billion (ppb); and • Retained the annual average NO2 standard at a

level of 53 ppb• Current 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.

NO2 NAAQS

SO2 NAAQS• On 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 2008-2010 data. (by June 2012)

• Additional nonattainment areas could be determined through air quality modeling.

Rule 62-210, F.A.C. Updates

• Removing TV General Permits• Flexibility to allow GPs at a TV facility

for temporary activities• Air Pollution Control Equipment• Engines!!

Engine Flowchart

Engine Flow Chart (cont.)

Engine Flow Chart (cont.)

Engine Flow Chart (cont.)

Engine Flow Chart (end!!)

Non Hazardous Secondary Materials

• Characterizing which secondary materials are: fuel, ingredient or solid waste

• Coal 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 criterion

• If is solid waste, sources become subject to CISWI/129 standards instead of MACT

Interstate Transport Rule (CAIR replacement)

• Bases state allocations on contributions to non-attainment

• Eliminates fuel adjustment factors• Does not tie-in with Acid Rain allowances• A 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

Interstate Transport Rule

• Taking comment on whether Florida should be group 2 or moved to group 1 for SO2

• Proposing budgets include a variability factor such that there are 1 and 3 year variability limits above budget

CAIR v. Interstate Transport Budgets

CAIR 2009

CAIR 2015

Transport 2012

Florida SO2

253,450 (2010)

177,415 161,174

Florida NOx

99,445 82,871 120,001

Florida ozone

47,912 39,926 56,939

NOx CSP 8,335

Florida’s downwind contributions

Non-attainment or Maintenance pollutant

CAIR Interstate Transport

Annual PM 2.5 Bibb, GA; Clarke, GA; Clayton, GA; Cobb, GA; Dekalb, GA; Jefferson, AL; Russell, AL.

Jefferson, AL; Bibb, GA; Clayton GA

8-hour ozone Fulton, GA Harris, TX; Tarrant, TX; Dekalb, GA; Fulton, GA

Other Tidbits

• New EPA GHG reporting tab links:• http://www.epa.gov/climatechange/e

missions/ghgrulemaking.html (Main

• page)• http://www.epa.gov/climatechange/e

missions/data-reporting-system.html• (e-GGRT page)

Other Tidbits (cont.)

• PSD and TV Tailoring Rule• DEP will have to undergo rulemaking to

implement EPA’s rule changes

Questions?

Trina Vielhauer850/488-0114trina.vielhauer@dep.state.fl.us