                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION III
	1650 Arch Street
	Philadelphia, Pennsylvania  19103
                                       
                                       

DATE:	

SUBJECT:	Memorandum in Support of the Proposed Approval of West Virginia's Regional Haze Progress Report

FROM:	Asrah Khadr, Environmental Engineer, EIT		
            Office of Air Program Planning 

TO:	File
			
THRU:  	Marilyn Powers, Acting Associate Director			 
            Office of Air Program Planning
            
            
Introduction: 

In 2005, Environmental Protection Agency (EPA) issued regulations allowing states to rely on the Clean Air Interstate Rule (CAIR) to meet certain requirements of the Regional Haze Rule (70 FR 39104, July 6, 2005).  These requirements are known as Best Available Retrofit Technology (BART).  A number of states, including West Virginia, submitted regional haze SIPs consistent with these regulatory provisions.  CAIR, however, was remanded to EPA in 2008, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008), and replaced by the Cross State Air Pollution Rule (CSAPR).                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  


CSAPR/CAIR: 

CSAPR budgets for West Virginia were adopted in 2011 and set to go into place in 2012.  After a series of court orders and decisions, EPA delayed the start of CSAPR by three years.  Budgets for West Virginia have not changed since 2012.  Thus, CSAPR emission limits will apply as they were intended starting 2015, instead of 2012.  Any reductions in budgets occur at the same three year lag.

Although the implementation of CSAPR was tolled for three years, the Rule is now being implemented, and by 2018, the end of the first regional haze implementation period, CSAPR will reduce emissions of SO2 and NOx from electric generating units (EGUs) in West Virginia by the same amount assumed by EPA when it issued the CSAPR FIP for West Virginia in June 2012.  See 76 FR 48208 (CSAPR promulgation) and 77 FR 33642 (limited disapproval of West Virginia regional haze SIP and FIP for West Virginia for certain regional haze requirements).
 
The following table shows that 2013 emissions are lower than prior CAIR budgets.  It also shows that CSAPR budgets are lower than CAIR budgets.
 

WV EGU emissions, budgets and assurance levels (in tons):
 
2013 CAIR emissions
2009 - 2014 CAIR budget
2015 and thereafter CAIR budget
2015 and 2016 CSAPR budget
2017 and thereafter CSAPR budget
CSAPR Variability
CSAPR Assurance level (beginning in 2017)
NOx annual
58,101
74,220
61,850
59,472
54,582
9,825
64,407
NOx ozone season
25,470
26,859
26,525
25,283
23,291
4,891
28,182
SO2
86,201
215,881
15,1117
146,174
75,668
13,620
89,288
        

Conclusion: 

Although the implementation of CSAPR was tolled for three years, the Rule is now being implemented, and by 2018, the end of the first regional haze implementation period, CSAPR will reduce emissions of SO2 and NOx from EGUS in West Virginia by the same amount assumed by EPA when it issued the CSAPR FIP for West Virginia in June 2012.




Notes:
   * For CAIR programs, the most recent data year is 2013.
   * CSAPR Assurance level = CSAPR budget + CSAPR variability.  Beginning in 2017, West Virginia (WV) sources in aggregate will be able to emit up to the WV assurance levels and will face automatic penalties for exceeding those levels.
   * The CAIR ozone season budget has an additional 2,184 tons each year for non EGUs in the CAIR ozone season program that WV chose to add to comply with the NOx SIP Call.  This is not available in CSAPR, so for this comparison it was not included in the CAIR ozone season budget totals.  Those sources will be capped at 2, 184 tons per ozone season into the future.

