Air Quality From a State Perspective

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Air Quality From a State Perspective

Mike Abraczinskas, Deputy Director North Carolina Division of Air Quality

Mecklenburg County Air Quality Forum November 7, 2013

Overview

• DENR / DAQ

• Success! Update on Ambient Air Quality in NC

• Challenges / Priority issues

– New monitoring

– Biomass

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DENR - Mission

• Protect NC’s environment and natural resources

• Fundamental principles:

– Be a resource of invaluable public assistance

– Consider cost/benefit analyses in doing our work

– Consider - with respect and understanding – input from

legitimate, diverse and thoughtful perspectives

• Outcome:

– A collaborative stewardship among the citizens, government

regulators and the business community will maintain and

enhance North Carolina's environment and natural resources for the benefit and enjoyment of everyone living in or visiting our great state.

DAQ Mission

• Work with the state's citizens to protect and improve

outdoor, or ambient, air quality in North Carolina for the

health, benefit and economic well-being of all.

• To carry out this mission, the DAQ has programs to:

the level of pollutants in the outdoor air

– develop and implement plans to meet future air quality initiatives – assure compliance with air quality rules

– educate, inform and assist the public with regard to air quality

Division of Air Quality State Local Programs Federal Public _Associations Central Office Regional Offices -Complaints -Stakeholders -Public Hearings • Business / Industry • Environmental Groups •NACAA & AAPCA • SESARM / Metro 4 • MARAMA

• CAPCA

• 3 Local Air Programs

-Cities & Counties -MPOs, RPOs, COGs

• Inspections / Compliance •Monitoring

•Permits

•Outreach / Public Relations

• Planning • Ambient Monitoring • Permits •Technical Services •Administration DENR

• Clean Air Act

Legislature AGs Office Governor Fees ERC AQC EMC Rules

“The Big Picture”

-AQ Rules -EPA -OAQPS -Region 4 Regulated Community

Success !!!

• Air Quality in NC continues to improve!

• Standards and goals set a decade ago have been met!

 1997 Fine particle standard  2006 Lead standard

 2010 Nitrogen dioxide standard  2010 Sulfur dioxide standard  2012 Fine particle standard

2008 ozone standard - work to do in Charlotte. 201415 ozone standard

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On the right track!

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Challenge – Near Road Monitoring

– Required by EPA’s NO2 - Jan 2010

– Initial rule required four sites by Jan 2013

• Charlotte, Raleigh, Greensboro, and Durham – Later modified due to funding issues

• Charlotte and Raleigh by Jan 2014 • Others in 2017 (if ever)

– Has since added additional required pollutants • CO and PM2.5 by Jan 2017

Challenge – Near Road Monitoring

• NO2 monitor must be within 50 meters of roadway

• Roadway must be among highest traffic levels

– Based on AADT

(annual average daily traffic)

– Extra weighting for

heavy-duty trucks

– Focus on peak NO2

concentration

• Safety concerns

– Motorists and our

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Near Road Monitoring - Concerns

• No issue with a near-road research project

– But a regulatory monitor creates anxiety!

• EPA has not provided any insight or guidance on the

potential consequences of near road monitors showing

nonattainment

• Potential problems

– State has no authority to implement the necessary

control measures

• We already have vehicle emission inspections and

transportation conformity in place.

– What size nonattainment area will be designated?

– Mandatory control measures that will do nothing to

Near Road Monitoring - Concerns

• Need three full years of monitoring data, 2014-2016 to

compare to the ambient NO2 standard

• So we won’t know if we have an issue until early 2017.

Then what ???

• If the NO2 monitors meet standard, nothing.

• If they violate …

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Biomass

• ~12 permit applications per year (recently)

• Biomass deferral rule vacated – July 12, 2013

• The effective date (i.e. mandate) of the vacatur of the

biomass deferral rule is not yet known.

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Biomass Boilers

• Court decision vacating the biomass deferral rule

• Senate Bill 3 BACT

A key requirement of Senate Bill 3 is “Any new biomass

renewable energy facility that delivers electric power to

an electric power supplier shall meet BACT.”

Wood Pellet Manufacturing Facility Issues

• Court decision vacating the biomass deferral rule

• PSD or not? Emissions from pellet manufacturing may

be much higher than initially estimated.

– Recent testing in GA found significant amounts of VOCs coming not only from the dryers (where VOCs were controlled by thermal oxiders), but also from the pellet coolers and hammermills.

– After additional testing, VOC emissions were estimated to be 1300 TPY.

• Debate over environmental costs associated with pellet

manufacturing

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Solid waste… or not?

• On August 7, 2013, the EPA promulgated revisions to the

Commercial/Industrial Solid Waste Incinerators (CISWI) regulations and the Solid Wastes Used as Fuels or Ingredients in Combustion Units rule (also known as the NHSM rule).

• Boiler or Incinerator ?

• 12-14 NHSM determinations per year involving materials like landfill

gas, swine gas and poultry litter.

• Key issues in NHSM Determinations include:

 Demonstrating the material is managed as a valuable commodity.  Demonstrating the material has meaningful heat content.

 Demonstrating that the contaminants in the material are

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Rule Changes – Vehicle Emissions Inspections

• Session Law 2011-145:

– DAQ and DMV Study: exempting new vehicles

would not have a negative impact on air quality.

– Exempting new vehicles slightly increases

emissions (…according to EPA’s mobile emissions

model)

– But !!! Compliance rates are actually higher since

the electronic authorization program was

implemented.

– Using the higher compliance rates in the State

Implementation Plan (SIP) more than offsets the

very slight projected increases in emissions from

the exemption.

Rule Changes – Vehicle Emissions Inspections

• Session Law 2012-199:

– Exempts 3 most recent model year vehicles with

less than 70,000 miles

– Rule changes necessary

– Effective on the later of:

• January 1, 2014; or

• Month after SIP amendment is approved and DMV’s Motor

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Rule Changes – Vehicle Emissions Inspections

• Comment period ended October 14, 2013.

• Summary of comments:

– Only savings are for newer car owners

– From inspection station owners: requests and suggestions to reduce

uncertainty in implementation of the exemption

– Questions about applicability of the program at federal installations.

• Rule goes to Environmental Management Commission

on November 14, 2013 for approval.

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Air Toxics – 2 years and counting…

• Sept/Oct 2011 - Environmental Review Commission (ERC)

meetings

• Oct 2011-Apr 2012 - Working group • May 2012 - Bill introduced, HB 952

• June 28, 2012 - Became law, SL 2012-91

• Sept. 25, 2012 - Meeting with interested parties

• December 1, 2012 - Report w/ recommendations submitted to ERC • March 20, 2013 - Stakeholder Meeting on Draft Rule incorporating

recommendations

• July 11, 2013 –Requested of EMC to Proceed to Hearing on Draft

Rules

Air Toxics – Summary of SL 2012-91

Section 1

– Exempts sources subject to certain federal regulations – Codifies “Director’s Call” provision

Section 2

– Requires rule amendments consistent w/ Section 1

Section 3

– Requires review of existing rules and their implementation

Section 4

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Air Toxics – Section 3

• Requires DAQ to review the State air toxics rules and

their implementation to determine whether changes

could:

– Reduce unnecessary regulatory burden

– Increase the efficient use of DAQ resources while

maintaining protection of public health

• Conduct the review in consultation with interested

parties

• Report the results of the review and include

recommendations to the ERC by 12/1/12

Recommendations for Rule Changes

1. Develop an additional set of emissions

thresholds for pollutants coming from

unobstructed vertical stacks

2. Exempt natural gas and propane fired boilers

3. Exempt emergency engines

4. Eliminate SIC call

5. Clarify use of actual rate of emissions

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Air Toxics – comments

• 44 Commenters

– EMC should adopt the proposed rule amendments

– EMC should not adopt the proposed rule amendments

– DAQ is misinterpreting S.L. 2012-91

– DAQ should not model all exempt sources

– DAQ should define unacceptable risk

– DAQ should hold more public hearings

• DAQ currently reviewing and developing responses to

comments

• Hearing Officer’s Report scheduled for January 9, 2014

EMC meeting.

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Challenges – Shale Gas

Challenges – Shale Gas

• Session Law 2012-143 (Senate Bill 820)

• Mining and Energy Commission, Environmental Management Commission, Public Health Commission • Develop a modern regulatory program for horizontal drilling and hydraulic

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Shale Gas & Air Quality

• Understanding air emission sources and pollutant

profiles

• Reviewing regulatory framework

• Air Permitting and Compliance

– Understanding the processes, sources and emissions – Learning from other States

• Emissions Inventories

– What data are available / needed? – Estimate emissions per well site – Estimate air quality impacts

• Ambient Air Quality Monitoring Plan

Just a few more challenges…

Keeping up with litigation:

• Implementation of fine particle standards. • Startup, Shutdown, Malfunction emissions. • Interstate transport.

• Numerous suits related to Federal Standards. • Deferral of designations for Sulfur Dioxide.

• Coming soon: Implementation approach for Sulfur Dioxide.

Emerging Issues:

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Contact Information

Mike Abraczinskas, CPM, EIT Deputy Director

NC Division of Air Quality (919) 707-8447

– Visit our web site:

• http://www.ncair.org/