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HomeMy WebLinkAboutAgenda Item III-1_PowerPoint PresentationDepartment of Environmental Quality Revisions to Rule 02D .0410, PM2.5 Particulate Matter Air Quality Committee Meeting –May 8, 2024 Acronyms 2 Department of Environmental Quality Abbreviation Term 15A NCAC Title 15A of the North Carolina Administrative Code µg/m3 Micrograms per cubic meter CAA Clean Air Act CO carbon monoxide µg/m3 micrograms per cubic meter NAAQS National Ambient Air Quality Standards NO2 nitrogen dioxide O3 ozone Pb lead PM2.5 Particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers PM10 Particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers RIA regulatory impact analysis SO2 sulfur dioxide U.S. EPA United States Environmental Protection Agency Background 3 Department of Environmental Quality •The provisions in 15A NCAC 02D .0410, PM2.5 Particulate Matter, provide the primary annual and 24-hour ambient air quality standards for PM2.5. •The primary annual and 24-hour standards for PM2.5 and other pollutants are set by the EPA in the National Ambient Air Quality Standards (NAAQS). •The primary NAAQS are set by the EPA to protect the public from the health impacts of these pollutants, which include: carbon monoxide (CO); lead (Pb); nitrogen dioxide (NO2); ozone (O3); particulate matter (both PM10 and PM2.5); and sulfur dioxide (SO2). Background 4 Department of Environmental Quality •The first primary ambient standards for PM2.5 were established by the EPA in 1997 at an annual level of 15.0 µg/m3 and a 24-hour level of 65 µg/m3. •The Clean Air Act (CAA) requires review of these standards every five years. •The particulate matter standards were reviewed in 2006, 2012, and 2020. •In their 2020 review, the EPA decided to retain the current annual standard of 12.0 µg/m3 and the current 24-hour standard of 35 µg/m3. •In 2021, the EPA reconsidered the 2020 decision because the latest information indicated that the current standards may not be adequate to protect human health. Background 5 Department of Environmental Quality Final Rule1 On February 7, 2024, the EPA announced a revision to the primary annual PM2.5 standard by lowering the ambient concentration from 12.0 µg/m3 to 9.0 µg/m3; and retaining the current primary 24-hour PM2.5 standard at a level of 35 µg/m3. The final rule was published in the Federal Register on March 6, 2024 with an effective date of May 6, 2024. 1 Final rule: https://www.federalregister.gov/documents/2024/03/06/2024-02637/reconsideration-of-the-national-ambient-air- quality-standards-for-particulate-matter Proposed Rule Overview 6 Department of Environmental Quality The DAQ is proposing to revise the ambient air quality standards for PM2.5 in 15A NCAC 02D .0410 to incorporate the EPA’s recently announced revision of the primary annual PM2.5 NAAQS to 9.0 µg/m3. North Carolina’s PM2.5 Status 7 Department of Environmental Quality •Based on the latest certified monitoring data from 2020-2022, all areas of North Carolina would have been meeting the new annual PM2.5 standard (9.0 µg/m3) during this time. •Based on 2021-2023 monitoring data*: •14 of 18 monitors in NC are in attainment with the new standard. •The 4 monitors in Mecklenburg, Wake, Forsyth and Davidson counties exceed the standard due to Canadian wildfire smoke and/or T640 monitor bias. * 2023 monitoring data to be certified by May 1, 2024. EPA Designation Process 8 Department of Environmental Quality •The U.S. EPA will use a two-year process to designate areas meeting the new standard as “attainment” and areas not meeting the standard as “nonattainment.” The process will involve State input and public comment opportunities. •The EPA has said it will consider impacts from wildfire smoke when making designations. EPA’s Exceptional Events rule establishes criteria and procedures for use in determining if air quality monitoring data has been influenced by exceptional events such as wildfire smoke and fireworks. •Exceptional Events demonstrations are due at same time as State designation recommendations, February 7, 2025. •Ultimately, EPA will use 2022-2024 monitoring data to make final designations by February 6, 2026. PM2.5 Ambient Monitoring Data 9 Department of Environmental Quality Figure 1. North Carolina PM2.5 Preliminary Annual Design Values (2021-2023) (Based on certified data for 2021 and 2022 and preliminary data from 2023 which is still undergoing DAQ quality assurance review) EPA Designation Process 10 Department of Environmental Quality Milestone Date EPA promulgates 2024 Revised Primary Annual PM2.5 NAAQS final rule February 7, 2024 2023 Design Values Available June 2024 Initial notifications for intent to submit an Exceptional Events demonstration supporting initial area designations recommendations No later than January 1, 2025 State submits (on behalf of the Governor) recommendations for PM2.5 designations and Exceptional Events demonstration to EPA No later than February 7, 2025 2024 Design Values Available June 2025 EPA notifies North Carolina concerning any intended modifications to their recommendations (120-day letter) No later than October 9, 2025 (120 days prior to final PM2.5 area designations) EPA publishes public notice of availability of state recommendations and EPA’s intended modifications, if any, and initiates 30-day public comment period Mid-October 2025 End of 30-day public comment period Mid-November 2025 State submits additional information, if any, to respond to EPA’s modification of recommended designations Mid-December 2025 (60 days following the publication of the notice of availability of State recommendations and EPA’s intended modifications) EPA promulgates final 2024 PM2.5 NAAQS area designations February 6, 2026 EPA’s Regulatory Impact Analysis (RIA) 11 Department of Environmental Quality The U.S. EPA’s RIA for the revised standard is available at:https://www.epa.gov/system/files/documents/2024-02/naaqs_pm_reconsideration_ria_final.pdf •Evaluated the country in four regions (northeast, southeast, west, and California). •To estimate control costs, the EPA evaluated four scenarios: 1.(final standards) annual standard of 9 µg/m3 and 24-hour standard of 35 µg/m3 2.(alternative) less stringent annual standard of 10 µg/m3 with current 24-hour standard of 35 µg/m3 3.(alternative) more stringent annual standard of 8 µg/m3 with current 24-hour standard of 35 µg/m3 4.(alternative) less stringent annual standard of 10 µg/m3 with more stringent 24-hour standard of 30 µg/m3 •The analysis identified 2 counties in North Carolina would have control costs in one of the alternative scenarios (8/35 µg/m3), but not in the scenario of the final standards (9/35 µg/m3) or other two alternatives.* •EPA estimated $5.3 billion (in 2017$) of health benefits across the southeast region (which includes North Carolina + eleven other states), primarily due to seven counties (in TX, LA, GA, and FL) that would need emission reductions to reach attainment with the revised standard. *See Table 4A-3 of the EPA’s RIA. NC DAQ’s Regulatory Impact Analysis (RIA) 12 Department of Environmental Quality •Provides an overview of: •The EPA’s historical review and revisions to the PM2.5 NAAQS; •The significant analyses, actions, and milestones required of the DEQ/DAQ throughout the designation process; •The EPA’s RIA findings and results; and •Uncertainties associated with the NAAQS demonstration component of permit reviews. •Costs or benefits associated with the revised standard will be attributable to EPA’s action which requires implementation by the states beginning May 6, 2024. •The RIA was approved by the North Carolina Office of State Budget and Management on April 24, 2024, and is available at: https://www.osbm.nc.gov/documents/files/DEQ_2024-04-24 Recommendation 13 Department of Environmental Quality The Director recommends that the Committee approve the proposed rule amendments to 15A NCAC 02D .0410 and accompanying regulatory impact analysis to proceed to the EMC for approval to proceed to public comment. Department of Environmental Quality 14 Annual PM2.5Tentative Rulemaking Timeline (Subject to Change)  March 2024 Concept to Air Quality Committee (AQC) → May 2024 Draft Rules to AQC July 2024 Request to Environmental Management Commission (EMC) to Proceed to Comment and Hearing August 2024 - October 2024 Public Comment Period and Hearing November 2024 Adoption by EMC December 2024 Rules Review Commission Approval January 2025 Tentatively Effective Contact Department of Environmental Quality Katherine Quinlan, EIT Rule Development Branch Supervisor NC Division of Air Quality 919 707 8702 office Katherine.Quinlan@deq.nc.gov 15 Bradley Nelson Engineer, Rule Development Branch NC Division of Air Quality 919 707 8705 office Bradley.Nelson@deq.nc.gov Department of Environmental Quality 16