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  • Not all country is under BART. Some parts of the country is under Clean Air Interstate Rule (CAIR). ND is under BART. Most of western US is under BART.
  • Nox - SCR
  • State of ND preparing to sue EPA. We’ll be in supporting role.
  • Suggested legislation that would put more money in WY and ND to fight this.
  • We wrote. Still discussion draft.

Mike Eggl Mike Eggl Presentation Transcript

  • Seeing Clearly, Fighting Fairly
    EPA’s Role in Regulating Clean Air Across the States
    Mike Eggl
    SVP, external relations and communications
  • Seeing Clearly, Fighting Fairly
    Clean Air Act / Regional Haze background
    States impacted
    Legislative response
    Communications efforts
    ND case study
  • Environmental Regulatory Timeline for Coal Units
    '11
    '12
    '13
    '16
    '15
    '17
    ‘08
    '09
    '10
    '14
    Water
    Ozone
    SO2 /NO2
    CAIR
    SO2 Primary NAAQS
    Beginning CAIR Phase I Seasonal NOx Cap
    Effluent Guidelines
    Final rule expected
    Revised Ozone NAAQS
    Effluent Guidelines
    Compliance 3-5 yrs
    after final rule
    Reconsidered Ozone NAAQS
    Proposed CAIR Replacement Rule Expected
    SO2/NO2 Secondary NAAQS
    Final CAIR Replacement Rule Expected
    Next Ozone NAAQS Revision
    CAIR Vacated
    Effluent Guidelines
    proposed rule
    expected
    316(b) final rule
    expected
    316(b) Compliance
    3-4 yrs after final rule
    CAIR Remanded
    NO2 Primary NAAQS
    CO2 Regulation
    A
    PM-2.5
    SIPs due (‘06)
    Begin CAIR Phase I Annual SO2 Cap
    PM-2.5 SIPs due (‘97)
    Next PM-2.5 NAAQS Revision
    Beginning CAIR Phase II Annual SO2 & NOx Caps
    Begin CAIR Phase I Annual NOx Cap
    Beginning CAIR Phase II Seasonal NOx Cap
    Final Rule for CCBs Mgmt
    New PM-2.5 NAAQS Designations
    CAMR & Delisting Rule vacated
    HAPS MACT final rule expected
    Begin Compliance Requirements under Final CCB Rule (ground water monitoring, double monitors, closure, dry ash conversion)
    HAPS MACT Compliance 3 yrs after final rule
    Compliance with CAIR Replacement Rule
    HAPs MACT proposed rule
    Proposed Rule for CCBs Management
    Final EPA Nonattainment Designations
    CO2
    PM2.5
    316(b) proposed
    rule expected
    Hg/HAPS
    Ash
  • CleanAir Act Section 169A 1977
    Visibility Protection
    Federal Class I Areas
  • National goal:
    The prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I areas which impairment results from manmade air pollution.
    No visibility impairments by 2064
  • EPA Regional Haze Regulations 1999
  • Requires states to submit state implementation plans (SIPs)
    1. Establish goals – reasonable progress – eliminate visibility impairment (2064)
    2. Measures to make reasonable progress including: best available retrofit technology (BART) large sources built between 1962 and 1977
  • North Dakota
    Leland Olds Station (LOS)
    Basin submitted BART for LOS in August, 2006
    (supplemented 2007-2010).
    State of North Dakota submitted
    Regional Haze State
    Implementation Plan (SIP) to
    EPA in March, 2010.
    EPA notifies North Dakota of its intent to propose partial Federal Implementation Plan (FIP) for BART controls on some units November 29, 2010.
    ND
  • EPA Impacts
    Regional Haze / Best Available Retrofit Technology (BART)
    Improving Visibility in Class 1 areas (i.e. Theodore National Park)
    Reducing Sulfur Dioxide (SO2) and Nitrogen Dioxide and Nitric Oxide (NOx)
    Main disagreement - SCRs
    Timeline = Current to 2018
    Costs = Up to $700 million
  • WildEarth Guardians vs. EPA Consent Decree:
    EPA obligated to issue regional haze proposal for North Dakota SIP by:
    March 15, 2011
    May 13, 2011
    July 21, 2011
    ?
    Final Action – June 21, 2011
    January 26, 2012?
  • States vs. the Feds
    • 40 state plans submitted
    • Refused: NM and OK
    • Pending: ND
    • Pending: WY (?)
    • Approved: SD
    • Voluntary FIP: MT (2006)
  • Response:
    Legal
    Public Relations
    Congressional
  • Legislation
  • Funding - States
    Wyoming – Increased Governor’s discretionary funding that could be used for EPA lawsuits
    North Dakota – $1 million added to the Department of Health’s budget
  • EPA legislation Federal
    • Senator Inhofe – Introduces discussion draft of Clean Air Act revisions on Regional Haze
    Discourages EPA micromanaging state efforts to comply with the Clean Air Act (CAA), while ensuring EPA considers the economic impacts of these State Implementation Plans (SIPs).
    Senator Hoeven
    Senator Inhofe
  • Letter to the Editor
    Publications:
    Bismarck Tribune
    Fargo Forum
    Grand Forks Herald
    Minot Daily News
    Dickinson Press
    Valley City Times
    Jamestown Sun
    Beulah Beacon
    Hazen Star
  • Minnesota Senators
  • Letter to the EditorJuly 17, 2011
    62 Op-ed Signees
  • Communicationsefforts
    www.stopEPAnd.com
    Partners for Affordable Energy branded effort
    Print, TV, radio
    Earned media
    Social media engagement
    Employee push
    Letter to the editor
    Organizational support
  • TV spot
  • www.stopEPAnd.com
  • Facebook: “Like” www.stopEPAnd.com
  • Questions?