USEPA 2011-01-07 presentation
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USEPA 2011-01-07 presentation Presentation Transcript

  • 1. Regional Haze Rule and EPA’s Regulatory Responsibility for Navajo BART FIPs Colleen McKaughan Associate Director, Air Division U.s. Environmental Protection Agency Region 9 January 7, 2011
  • 2. Topics
    • Background on Regional Haze Rule and BART
    • EPA’s Regulatory Responsibility under the Regional Haze Rule
    • Other Pending EPA Regulations
    • EPA’s Limited Role in the Facilitated Process
  • 3. Background on RH Rule
    • The Regional Haze Rule was promulgated in July 1999 and became effective in 2005 and established a national goal for visibility in 156 Class I areas across the country
    • Class I areas are national parks and wilderness areas (i.e., Grand Canyon)
    • Goal is to achieve natural background levels by 2064 (i.e., no manmade visibility impairment)
  • 4. EPA’s Regulatory Responsibility
    • The Regional Haze Rule required states, but not tribes, to submit plans by Dec. 17, 2007
    • Under the Tribal Authority Rule, EPA promulgates Federal Implementation Plans (FIPs) in tribal jurisdictional areas as necessary to protect air quality
  • 5. Pollutants of Concern
    • The visibility-impairing pollutants are: sulfur dioxide, nitrogen oxides, and particulate matter
    • EPA has already promulgated FIPs that made SO2 emission limits negotiated by the utility, Navajo Nation and NGOs federally enforceable for both NGS and Four Corners
    • As a result, the main pollutants of concern for visibility purposes are now nitrogen oxides and particulate matter
  • 6. Ancillary Benefits
    • Beyond improving visibility, additional controls of nitrogen oxides and particulate may have ancillary environmental and health benefits
  • 7. The Navajo Power Plants
    • NGS and Four Corners are two of the largest pollution sources in the U.S.
    • Visibility impairing pollution from Four Corners impacts 16 Class I areas
    • Navajo Generating Station impacts 11 Class I areas, including the Grand Canyon
  • 8. Background on BART
    • The Best Available Retrofit Technology (BART) provisions of the Regional Haze Rule require reductions in the emissions of air pollutants that impact visibility
    • This is typically accomplished by adding additional pollution control equipment to existing facilities, although there are other options
    • The only two BART-eligible sources on the Navajo Nation are NGS and Four Corners
  • 9. BART Analysis
    • The BART analysis determines the appropriate level of emissions controls for BART-eligible sources
    • A BART analysis requires consideration of the following five factors:
      • Costs of compliance (i.e. cost effectiveness)
      • The energy and non-air quality environmental impacts of compliance
      • Any pollution control equipment in use at the source
      • The remaining useful life of the source
      • The degree of improvement in visibility (i.e. visibility benefits)
  • 10. Consultation
    • EPA is required to consult with the Federal Land Managers in advance of proposed BART hearings
    • EPA has consultation obligation with all tribes who are impacted by our final rulemaking
    • Consultation can take different forms depending on the tribes’ preferences
  • 11. Current Status of Rulemaking on NGS
    • EPA is working on a proposal and intends to propose in early Summer.
    • For EPA to consider input from this facilitation in our proposed rulemaking, this group must provide its recommendations by end of March 2011.
  • 12. Pending EPA Regulations Impacting Power Plants
    • Mercury Maximum Achievable Control Technology – March 2011 proposal
    • Greenhouse Gases Source Performance Standards for Power Plants and Refineries - July 2011 proposal
    • Coal Combustion Residue (Fly Ash) Handling Regulations – proposed June 2010
  • 13. EPA’s Role in this Process
    • To maintain regulatory neutrality EPA will not be participating in these discussions although we will be available to answer questions and provide information.
  • 14. Contact Information and Website links
    • Colleen McKaughan:
      • 520-498-0118
      • [email_address]