clean air interstate rule (cair) cair requirements for sips office of air and radiation march 2005

Clean Air Interstate Rule (CAIR)

CAIR Requirements for SIPsOffice of Air and Radiation

March 2005

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Overview of New Part 51 Sections

• 51.123 CAIR SIP revision for NOx

• 51.124 CAIR SIP revision for SO2

• 51.125 State reporting for CAIR

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• Structure --– (a) and (b) -- finding and requirement that certain States

must submit a SIP revision to eliminate NOx in amounts that contribute significantly to one or more other States for PM2.5 or ozone

– (c)(1) list of PM2.5 and ozone States– (c)(2) list of PM2.5 States– (c)(3) list of ozone States– (d) SIP revision requirements including 18 month deadline– (e) -- (o) annual NOx requirements– (q) -- (bb) ozone season NOx requirements– (cc) definitions– (dd) Provisions for NH

51.123 -- CAIR NOx requirements

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• SIPs must contain control measures and demonstration that the State’s annual EGU NOx budget and annual non-EGU NOx reduction requirement, as applicable, are met.

• Annual EGU NOx Budgets are given• Procedures for calculating annual non-EGU

reduction requirements are given for States choosing to get a portion of reductions from non-EGUs (uses baseline emissions projections in CAIR baselines TSD)

• Specifies State CSPs and distribution requirements

51.123 (e)--(o) CAIR Annual NOx requirements

51.123(e)

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51.123(f)

• Enforcement methods (compliance monitoring, violations, authority)

• Emissions cap required for EGUs, large non-EGU boilers and turbines, others (unless not practicable)

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51.123(g), non-EGU reduction eligibility criteria

• Not required by State or federal government as of date of submission of SIP revision

• Historic uncontrolled baseline with Part 75 monitoring or of the same quality (to the maximum extent possible)

• 2009 and 2015 uncontrolled projected baseline

• 2009 and 2015 controlled projected baseline• Goal is to ensure reductions are real

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51.123(h)--(n) “general” SIP requirements

• Addresses data availability, compliance monitoring, legal authority, resources, etc.

• This includes the requirement for Part 75 monitoring for sources controlled under this part– All EGUs and large boilers and turbines– All others unless not possible--contains

specs for alternatives

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51.123(o) -- Use of Model Rule

• Automatic approval of revision if substantively identical except as specified:– may decline opt-ins– may decline suggested allocation

methodology– do not necessarily have to be in any of the

other EPA-administered programs• Other variations must be reviewed and are not

automatically approved

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• Nearly identical to 51.123(e)• SIPs must contain control measures and

demonstration that the State’s ozone season EGU NOx budget and ozone season non-EGU NOx reduction requirement, as applicable, are met.

• Ozone Season EGU NOx Budgets are given• Procedures for calculating ozone season non-EGU

reduction requirements are given for States choosing to get a portion of reductions from non-EGUs (uses baseline emissions projections in CAIR baselines TSD)

• Allows the use of 2003-2008 NOx SIP Call allowances

51.123 (q)--(bb) CAIR Ozone Season NOx requirements

51.123(q)

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51.123(r)

• enforcement methods (compliance monitoring, violations, authority)

• Cap required for EGUs, large non-EGU boilers and turbines, others (unless not practicable)

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51.123(s), non-EGU reduction eligibility criteria

• Parallels 51.123 (g)• Baselines, projected uncontrolled, projected

controlled• Cannot include control measures already

adopted or implemented at the time of the SIP revision

• Requires Part 75 monitoring for EGUs and large boilers and turbines

• Requires Part 75 or comparable for all others

51.123(u)

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51.123(aa) -- Use of Model Rule

• Automatic approval of revision if substantively identical except as specified:– expand applicability to include non-EGUs

subject to NOx SIP Call trading– may decline opt-ins– may decline suggested allocation methodology– do not necessarily have to be in any of the

other EPA-administered programs• Other variations must be reviewed and are not

automatically approved

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51.123(bb) -- Interaction with 51.121

• For States that use the CAIR ozone season NOx model rule, trading sources are no longer subject o the NOx SIP Call provided:– The CAIR ozone season EGU NOx budget is less than

the NOx SIP Call EGU NOx budget– If not, then the State must use its NOx SIP Call

budget instead

• Rhode Island can participate in the CAIR ozone season NOx trading program through use of the model rule

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51.123(dd) -- Provisions for NH

• New Hampshire can participate in the CAIR ozone season NOx trading program through use of the model rule

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• Structure --– (a) and (b) -- finding and requirement that certain States

must submit a SIP revision to eliminate SO2 in amounts that contribute significantly to one or more other States for PM2.5

– (c) list of PM2.5 States– (d) SIP revision requirements including 18 month deadline– (e) -- (p) annual SO2 requirements– (q) definitions

51.124 -- CAIR SO2 requirements

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• SIPs must contain control measures and demonstration that the State’s annual EGU SO2 budget and annual non-EGU SO2 reduction requirement, as applicable, are met.

• Annual EGU SO2 Budgets are given• Procedures for calculating annual non-EGU

reduction requirements are given for States choosing to get a portion of reductions from non-EGUs

51.124 (e)--(p) CAIR Annual SO2 requirements

51.124(e)

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51.124(f)

• enforcement methods (compliance monitoring, violations, authority)

• Cap required for EGUs, large non-EGU boilers and turbines, others (unless not practicable)

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51.124(g), non-EGU reduction eligibility criteria

• Not required by State or federal government as of date of submission of SIP revision

• Historic uncontrolled baseline with Part 75 monitoring or comparable

• 2009 and 2015 uncontrolled projected baseline

• 2009 and 2015 controlled projected baseline

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51.124(h)--(n) “general” SIP requirements

• Addresses data availability, compliance monitoring, legal authority, resources, etc.

• This includes the requirement for Part 75 monitoring for sources controlled under this part– All EGUs and large boilers and turbines– All others unless not possible--contains

specs for alternatives

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51.124(o) -- Use of Model Rule

• Automatic approval of revision if substantively identical except as specified:– may decline opt-ins– do not necessarily have to be in the EPA-

administered NOx programs• Other trading program variations must be

reviewed and are not automatically approved

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51.124(p) -- Retirement of Excess SO2 Allowances

• For States not using the CAIR SO2 model rule:– SIP must include a mechanism to each year

permanently retire excess Acid Rain allowances

– Procedure for determining excess is included

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Frequency --Annually, all sources that are controlled under 51.123 or 51.124.Triennially, all sources in the State.

Content --PM States must report annual SO2 and NOx emissions.Ozone States must report ozone season and summer daily NOx emissions.

Timing --First reporting year: 2008Due: 17 months after the end of the calendar year

Special Case --States do not have to provide annual reporting of pollutants for sources using Part 75 and reporting to EPA.

Part 51.125 -- State reporting relating to SO2 and NOx emission budgets

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Part 51 amendments

• 51.121 NOx SIP Call amended to reflect that EPA will not administer after 9/30/2008 and that States will need to change rules accordingly.

• 51.122 The 2007 NOx emissions report is no longer required.

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Summary

• One SIP revision for CAIR• Automatic approval for trading programs that

are substantively identical to the model rules• We’ll all work together to get there