What action did the EPA take?

On June 14, 2012, the U.S. Environmental Protection Agency (EPA) proposed to strengthen the National Ambient Air Quality Standards (NAAQS) for fine particle pollution, also known as fine particulate matter (PM2.5). The agency also proposed to retain the existing standards for coarse particle pollution (PM10). This was in response to a court order from the D.C. Circuit Court of Appeals.Specifically, this sets the standard annual level for fine particles within the range of 12 micrograms per cubic meter (μg/m3) to 13 μg/m3. The current annual standard, 15 μg/m3, has been in place since 1997. Evidence supporting this lower standard has continued to grow, leaving the EPA no choice but to enforce the stricter standard. The EPA will retain the existing 24-hour fine particle
standard, at 35 μg/m3.

When do the new regulations go into effect?

The rule is expected to become final in December 2012 and effective 60 days later, sometime in March 2013.

What are the sources of fine particulate matter?

Fine particles come from a variety of sources including vehicles, smokestacks, and fires. They also form when gases emitted by power plants, industrial processes, and gasoline and diesel engines react in the atmosphere. Sources of coarse particles include road dust that is kicked up by traffic, some agricultural operations, construction and demolition operations, central heating plants at universities and hospitals, industrial processes, and biomass burning.

How does this tighter standard affect obtaining permits on upcoming projects?

It will be much harder to pass air dispersion modeling for PM2.5 at property fence lines to demonstrate compliance with NAAQS. Some parts of the country (the Southeast in particular) have close to, or more than, 12 – 13 μg/m3 of background PM2.5 from naturally occurring substances like pollen and dust. That leaves little or no room for emissions generated from the site. Therefore, the sites may need more extensive air pollution control equipment. Some may simply notbe able to meet the standard, not be granted a permit, and therefore not be able to build on the site.Note: The EPA predicts that the projected emission reductions associated with new regulations for power plants, heavy-duty diesel engines, and the sulfur content of gasoline will allow facilities in large areas of the country to meet the revised standards. However, depending on the final standard, manufacturers in other parts of the country may have to install pollution control devices to reduce their emissions.

Do I have any options?

Yes, if you act quickly. To ensure a smooth transition to the new standards, the EPA is proposing to grandfather pre-construction permitting applications so long as a draft permit or preliminary determination has been issued for public comment before the revised rule is finalized (early December 2012). It is extremely important that you understand the impact of the new regulations and how you can avoid being denied a permit.

What if I do nothing?

After the regulation becomes final, you may have to add additional air pollution controls to your facility or revise your project plans in order to meet the new standards before you can be issued a permit. This could significantly alter the scope, schedule, and cost of your project.

How can SSOE help?

Our air quality experts can help you determine if the new regulations will affect your project. We can also assist with all aspects of developing and submitting the application for the permit. Since the process may take several months, you will need to get SSOE involved as soon as possible.