Air Quality From a State Perspective

Transcription

1 Air Quality From a State Perspective Mike Abraczinskas, Deputy Director North Carolina Division of Air Quality Mecklenburg County Air Quality Forum November 7,

2 Overview DENR / DAQ Success! Update on Ambient Air Quality in NC Challenges / Priority issues New monitoring Biomass Updates to rules Shale Gas 2

3 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. 3

4 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: operate a statewide air quality monitoring network to measure 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 issues. 4

5 The Big Picture Federal State Local Programs Clean Air Act -AQ Rules -EPA -OAQPS -Region 4 EMC AGs Office AQC Rules Governor ERC Legislature Fees 3 Local Air Programs -Cities & Counties -MPOs, RPOs, COGs Public Associations -Complaints -Stakeholders -Public Hearings Regulated Community DENR Division of Air Quality Business / Industry Environmental Groups NACAA & AAPCA SESARM / Metro 4 MARAMA CAPCA Regional Offices Central Office Inspections / Compliance Monitoring Permits Outreach / Public Relations Planning Ambient Monitoring Permits Technical Services Administration

6 Success!!! Air Quality in NC continues to improve! Standards and goals set a decade ago have been met! 1997 Ozone standard 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 ozone standard - what will the new EPA standard look like? 6

7 On the right track! 7

8 New Monitoring Requirements 8

9 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

10 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 technicians 10

11 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 11 attain the NO2 standard

12 Near Road Monitoring - Concerns Need three full years of monitoring data, to compare to the ambient NO2 standard So we won t know if we have an issue until early Then what??? If the NO2 monitors meet standard, nothing. If they violate We don t know! 12

13 Permitting Biomass Facilities 13

14 Biomass ~12 permit applications per year (recently) Wood fired boilers and wood pellet manufacturers 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. 14

15 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. PSD 15

16 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 Often, at least two tons of green wood are required to generate one ton of pellets. The energy required for pellet manufacturing and drying can be considerable.. 16

17 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? 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 comparable to the traditional fuel that it is replacing. 17

18 State Rule Changes Vehicle Inspections 18

19 Rule Changes Vehicle Emissions Inspections Session Law : 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. 19

20 Rule Changes Vehicle Emissions Inspections Session Law : 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 Vehicle Inspection and Law Enforcement System (MILES) has been replaced. NC is the 21 st state to implement such an exemption 20

21 Rule Changes Vehicle Emissions Inspections Comment period ended October 14, 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. 21

22 State Rule Changes Air Toxics 22

23 Air Toxics 2 years and counting Sept/Oct Environmental Review Commission (ERC) meetings Oct 2011-Apr Working group May Bill introduced, HB 952 June 28, Became law, SL Sept. 25, Meeting with interested parties December 1, Report w/ recommendations submitted to ERC March 20, Stakeholder Meeting on Draft Rule incorporating recommendations July 11, 2013 Requested of EMC to Proceed to Hearing on Draft Rules August 15 thru October 14, 2013-Public Comment Period 23

24 Air Toxics Summary of SL 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 Requires reports on implementation of this act 24

25 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 25

26 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 6. Remove the term unadulterated wood from rules 26

27 Air Toxics comments 44 Commenters (Individual citizens, environmental groups, regulated community) EMC should adopt the proposed rule amendments EMC should not adopt the proposed rule amendments DAQ is misinterpreting S.L 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. 27

28 Shale Gas in NC 28

29 Challenges Shale Gas 29

30 Challenges Shale Gas Session Law (Senate Bill 820) Mining and Energy Commission, Environmental Management Commission, Public Health Commission Develop a modern regulatory program for horizontal drilling and hydraulic fracturing in NC. 30

31 Shale Gas & Air Quality Understanding air emission sources and pollutant profiles Reviewing regulatory framework New regulations are not needed. 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 New multi-pollutant air monitoring site in Lee County 31

32 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: Implementation of the President s Climate Action Plan EPA s review of the ozone standards 32

33 Contact Information Mike Abraczinskas, CPM, EIT Deputy Director NC Division of Air Quality (919) Visit our web site: 33