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Planning for Clean Air: An Introduction to the “SIP process”

Planning for Clean Air: An Introduction to the “SIP process”. SIP 101. The many faces of Air Pollution!. 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.

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Planning for Clean Air: An Introduction to the “SIP process”

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  1. Planning for Clean Air: An Introduction to the “SIP process” SIP 101

  2. The many faces of Air Pollution! U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  5. NAAQS New Violation New/Revised Designations Attainment Nonattainment Monitor SIP Action Maintain SIP Revised EI Attain Demo Violate Attain/ Maintain PSD ENF Fed/Local Measures New Violation What is the “air quality management” process ? U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  9. What are EPA’s National Ambient Air Quality Standards? U.S. EPA Region 4 – Basic Air Quality Training

  10. What is a State Implementation Plan (SIP)? It’s 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. U.S. EPA Region 4 – Basic Air Quality Training

  11. 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 U.S. EPA Region 4 – Basic Air Quality Training

  12. Emergency Air Quality Legal Authority Monitoring Episode Control Strategy Resources Demonstration SIP Source Emission Limiting Surveillance Rules and Regs New Source Enforcement Review Voluntary and Non-traditional Permitting Mobile Measures Measures and Fuels U.S. EPA Region 4 – Basic Air Quality Training

  13. 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. U.S. EPA Region 4 – Basic Air Quality Training 13 yrs old/attitude

  14. Each State, required and approved by EPA pursuant to Section 110 of the Clean Air Act Who is Required to Have a SIP? U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  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) U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  18. What Does a SIP Include? (continued) Regulations RACT Rules Non-regulatory Voluntary Programs I/M Source-specific (permits) U.S. EPA Region 4 – Basic Air Quality Training The Mixing Pot

  19. Examples: Surface coating controls Industrial VOC controls Transportation controls Auto Testing –I/M NOx controls Stage 2 Vapor controls Industrial VOC controls ”Super clean” cars What are control measures that are placed in SIPs? U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  23. EPA Policy memos What guidance exists for SIP preparation? • Statutory • Regulatory • Policy and Guidelines • Court decisions U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  25. Regulatory (continued) • Part 52: Approval and promulgation of implementation plans approved by EPA • Part 81: Designation of areas for air quality planning purposes U.S. EPA Region 4 – Basic Air Quality Training

  26. State SIP information from the web … U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  28. Stakeholders • Federal, State and Local Governments • Tribes • Regulated Community • Others U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  30. U.S. EPA Region 4 – Basic Air Quality Training

  31. 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 U.S. EPA Region 4 – Basic Air Quality Training

  32. What are the steps in EPA’s Rulemaking Process? • Review state submittal (EPA Regions) • “Complete” findings • Partial approval • Limited approval/disapproval • Conditional approval • Approval • Disapproval U.S. EPA Region 4 – Basic Air Quality Training

  33. What are the steps in EPA’s 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 U.S. EPA Region 4 – Basic Air Quality Training

  34. Types of Submittals • Drafts (not required) • Prehearings • Finals • Request for parallel processing U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  36. 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 U.S. EPA Region 4 – Basic Air Quality Training

  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). U.S. EPA Region 4 – Basic Air Quality Training

  38. 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. U.S. EPA Region 4 – Basic Air Quality Training

  39. 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. U.S. EPA Region 4 – Basic Air Quality Training

  40. Completeness DeterminationContinued • A submittal determined incomplete is not an official submittal. • 2 parts of a completeness determination: • Administrative Materials • Technical Support U.S. EPA Region 4 – Basic Air Quality Training

  41. 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. U.S. EPA Region 4 – Basic Air Quality Training

  42. 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. U.S. EPA Region 4 – Basic Air Quality Training

  43. 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. U.S. EPA Region 4 – Basic Air Quality Training

  44. What is the SIP approval process?(continued) • EPA publishes notice in Federal Register. • Revisions federally effective after effective date. U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  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. U.S. EPA Region 4 – Basic Air Quality Training

  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 U.S. EPA Region 4 – Basic Air Quality Training

  48. “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.” Section 110(l) What the CAA says about backsliding…. U.S. EPA Region 4 – Basic Air Quality Training

  49. CAA or court case mandates plan submittal , or State/Local decides to revise its own SIP State/Local prepares and adopts plan after public hearing State submits SIP to EPA Regional office EPA reviews SIP for completeness … if complete … propose in FR EPA approves/disapproves plan after considering public comments After SIP approval, the plan becomes Federally enforceable If SIP Federally mandated and disapproved … then FIP promulgated Summary …How the SIP process works U.S. EPA Region 4 – Basic Air Quality Training

  50. Where can I get more Information? http://newaruba.pes.com/icode/sipman/ U.S. EPA Region 4 – Basic Air Quality Training

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