Mobile Sources Part 1:

1
Planning for Clean Air An Introduction to the
SIP process
SIP 101
2
The many faces of Air Pollution!
3
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.

4
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.

5
What is the air quality management process ?
6
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

7
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

8
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.

9
What are EPAs National Ambient Air Quality
Standards?
10
What is a State Implementation Plan (SIP)?
Its 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.
  

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What is a SIP? (continued)

• 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

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What is a LIP?

• 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.

13 yrs old/attitude
14
Who is Required to Have a SIP?


15
The SIP, a Living Document

• Revised by State as necessary

• Addresses unique air pollution problems in State

• Keeping SIP updated is a continuous process

• Number of submittals vary

• The different terms of SIP

16
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)

17
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

18
What Does a SIP Include? (continued)
Regulations
Non-regulatory
RACT Rules
Voluntary Programs
I/M
Source-specific (permits)
The Mixing Pot
19
Examples
What are control measures that are placed in SIPs?
20
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.

21
How does the SIP Process Work?

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

• State submits changes to EPA Regional Office.

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

• Once approved, plan becomes Federally
  enforceable.

22
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

23
What guidance exists for SIP preparation?

• Statutory
• Regulatory
• Policy and Guidelines
• Court decisions

24
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.

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Regulatory (continued)

• Part 52 Approval and promulgation of
  implementation plans approved by EPA
• Part 81 Designation of areas for air quality
  planning purposes

26
State SIP information from the web
27
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.

28
Stakeholders

• Federal, State and Local Governments

• Tribes

• Regulated Community

• Others

29
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

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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

32
What are the steps in EPAs Rulemaking Process?

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

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What are the steps in EPAs 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

34
Types of Submittals

• Drafts (not required)
• Prehearings
• Finals
• Request for parallel processing

35
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.

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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

37
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).

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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.

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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.

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Completeness DeterminationContinued

• A submittal determined incomplete is not an
  official submittal.
• 2 parts of a completeness determination
• Administrative Materials
• Technical Support

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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.

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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.

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What is the SIP approval process?
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.

44
What is the SIP approval process? (continued)

• EPA publishes notice in Federal Register.

• Revisions federally effective
• after effective date.

45
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

46
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.

47
Problems Impacting the Approval of SIPs
X

• 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

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Section 110(l)
What the CAA says about backsliding.

• 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.

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Summary How the SIP process works
50
Where can I get more Information?
http//newaruba.pes.com/icode/sipman/
51
Where to find information relating to the new
8-hr NAAQS
http//www.epa.gov/ttn/naaqs/ozone/
52
Where to find the NAAQS and whos nonattainment.
http//www.epa.gov/oar/oaqps/greenbook/
53
Where to find information maps attainment of
NAAQS
http//www.epa.gov/oar/oaqps/greenbook/onmapc.html
54
Where to find Air Quality and Emissions Data
http//www.epa.gov/ttn/naaqs/ozone/ozonetech/airqu
ality.htm
55
Where to find information about Fuels and Mobile
Sources.
http//www.epa.gov/otaq/
56
Where to find policy documents
http//www.epa.gov/ttn/oarpg/
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The End .
58
Emission Inventory
59
What Is An Emission Inventory?

• Current, comprehensive listing, by source, of the
  air pollutant emissions
• Specific geographic area
• Specific time period

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Types of Sources

• Point Sources
• Area Sources
• Mobile
• Onroad Mobile Sources
• Nonroad Mobile Sources
• Biogenic Sources

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How Are Emission Inventories Used?

• To Meet Requirements of the CAA
• Base 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

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Why Is A Complete, Accurate Inventory Important?

• A technically defensible emission inventory
  serves as the foundation for policy
• Formulation of appropriate control strategies
• Flawed data poor policy

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What Does An Inventory Contain?

• Summary of emissions by source category
• Geographic area
• Time Interval
• Population, employment, economic data

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Continued.....

• Narrative for each source category
• Procedure used to collect data
• Sources of data
• Copies of questionnaires
• Methods used in calculation
• Documentation of assumptions
• List of references

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Consolidated Emissions Reporting Rule (CERR)

• Final Rule published June 10, 2002
• 67 FR 39602

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Purpose of CERR

• To simplify reporting
• To unify reporting dates
• Decrease burden on state and locals
• Increase efficiency
• Provide more consistent and uniform data

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Reporting Requirements

• SOx
• VOC
• NOx
• CO
• Pb
• PM10
• And now PM2.5 and NH3

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Geographic Coverage of CERR

• Statewide inventory
• By county - regardless of attainment status
• Point, Area, Onroad Mobile, Nonroad Mobile, and
  Biogenics

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Reporting Frequency - Point

• Larger point sources
• Annually
• Smaller point sources every 3 years
• Or 1/3 every year

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Reporting Frequency - Other

• Mobile and Area Sources
• Continue in nonattainment area every 3yrs
• Additionally, statewide every 3yrs

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Submitting Data to EPA

• June 1, 2003 - Annual Cycle
• Reporting 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

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Submitting Data - Continued

• June 1, 2004 - Three-year Cycle
• Reporting 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

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2002 Base Year Emission Inventory SIP Planning
8-hr Ozone, PM2.5, and Regional Haze
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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

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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

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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.

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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

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Proposed Reporting Requirements

• 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.

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Proposed Reporting Requirements

• 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.

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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

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Inventory Guidance

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

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Where Can I Get Help?

• Clearing House for Inventories and Emission
  Factors (CHIEF)
• http//www.epa.gov/ttn/chief/

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For more information, please contact Scott
Martin 404-562-9036 Martin.scott_at_epa.gov