1. Seeing Clearly, Fighting Fairly EPA’s Role in Regulating Clean Air Across the States Mike Eggl SVP, external relations and communications
2. Seeing Clearly, Fighting Fairly Clean Air Act / Regional Haze background States impacted Legislative response Communications efforts ND case study
3. Environmental Regulatory Timeline for Coal Units '11 '12 '13 '16 '15 '17 ‘08 '09 '10 '14 Water Ozone SO2 /NO2 CAIR SO2 Primary NAAQS Beginning CAIR Phase I Seasonal NOx Cap Effluent Guidelines Final rule expected Revised Ozone NAAQS Effluent Guidelines Compliance 3-5 yrs after final rule Reconsidered Ozone NAAQS Proposed CAIR Replacement Rule Expected SO2/NO2 Secondary NAAQS Final CAIR Replacement Rule Expected Next Ozone NAAQS Revision CAIR Vacated Effluent Guidelines proposed rule expected 316(b) final rule expected 316(b) Compliance 3-4 yrs after final rule CAIR Remanded NO2 Primary NAAQS CO2 Regulation A PM-2.5 SIPs due (‘06) Begin CAIR Phase I Annual SO2 Cap PM-2.5 SIPs due (‘97) Next PM-2.5 NAAQS Revision Beginning CAIR Phase II Annual SO2 & NOx Caps Begin CAIR Phase I Annual NOx Cap Beginning CAIR Phase II Seasonal NOx Cap Final Rule for CCBs Mgmt New PM-2.5 NAAQS Designations CAMR & Delisting Rule vacated HAPS MACT final rule expected Begin Compliance Requirements under Final CCB Rule (ground water monitoring, double monitors, closure, dry ash conversion) HAPS MACT Compliance 3 yrs after final rule Compliance with CAIR Replacement Rule HAPs MACT proposed rule Proposed Rule for CCBs Management Final EPA Nonattainment Designations CO2 PM2.5 316(b) proposed rule expected Hg/HAPS Ash
5. National goal: The prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I areas which impairment results from manmade air pollution. No visibility impairments by 2064
7. Requires states to submit state implementation plans (SIPs) 1. Establish goals – reasonable progress – eliminate visibility impairment (2064) 2. Measures to make reasonable progress including: best available retrofit technology (BART) large sources built between 1962 and 1977
8. North Dakota Leland Olds Station (LOS) Basin submitted BART for LOS in August, 2006 (supplemented 2007-2010). State of North Dakota submitted Regional Haze State Implementation Plan (SIP) to EPA in March, 2010. EPA notifies North Dakota of its intent to propose partial Federal Implementation Plan (FIP) for BART controls on some units November 29, 2010. ND
9. EPA Impacts Regional Haze / Best Available Retrofit Technology (BART) Improving Visibility in Class 1 areas (i.e. Theodore National Park) Reducing Sulfur Dioxide (SO2) and Nitrogen Dioxide and Nitric Oxide (NOx) Main disagreement - SCRs Timeline = Current to 2018 Costs = Up to $700 million
10. WildEarth Guardians vs. EPA Consent Decree: EPA obligated to issue regional haze proposal for North Dakota SIP by: March 15, 2011 May 13, 2011 July 21, 2011 ? Final Action – June 21, 2011 January 26, 2012?
18. Funding - States Wyoming – Increased Governor’s discretionary funding that could be used for EPA lawsuits North Dakota – $1 million added to the Department of Health’s budget
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20. Letter to the Editor Publications: Bismarck Tribune Fargo Forum Grand Forks Herald Minot Daily News Dickinson Press Valley City Times Jamestown Sun Beulah Beacon Hazen Star
23. Communicationsefforts www.stopEPAnd.com Partners for Affordable Energy branded effort Print, TV, radio Earned media Social media engagement Employee push Letter to the editor Organizational support
Not all country is under BART. Some parts of the country is under Clean Air Interstate Rule (CAIR). ND is under BART. Most of western US is under BART.
Nox - SCR
State of ND preparing to sue EPA. We’ll be in supporting role.
Suggested legislation that would put more money in WY and ND to fight this.
