1. Help attainment areas to ensure continued attainment of the ozone standard and health protection
2. Better position areas to remain in attainment
3. Efficiently direct available resources toward actions to address ozone problems quickly

Louisiana areas that are presently in attainment for the ozone standard and that have become participants in the Ozone Advance Program include:

• Imperial Calcasieu Regional Planning and Development Commission for the Southwest Louisiana Area
• Regional Planning Commission for the New Orleans, LA area
• Cities of Shreveport and Bossier City, Caddo Parish Commission, and Bossier and DeSoto Parish Police Juries for the Shreveport, LA area
• South Central Louisiana (river parishes)

Although Ozone Advance was designed primarily for areas in attainment of the ozone standard, the stakeholders of BRCAC and CRPC felt there were significant advantages for the Baton Rouge Ozone Nonattainment Area to join the Program.  Principally, it was felt that participating in the program would facilitate the area’s efforts to achieve attainment of the ozone standard as well as provide for possible mitigation of consequences of failure to attain the standard within the prescribed three-year period.

On June 22, 2012, Baton Rouge Clean Air Coalition (BRCAC) and Capital Region Planning Commission (CRPC) jointly prepared a letter with the Notice of Intent and request to be accepted into the EPA’s Ozone Advance Program.  On July 9^th, both BRCAC and CRPC received letters from EPA indicating that they and the Baton Rouge area met the eligibility criteria and were welcomed as participants in this innovative program.

Participation in the Ozone Advance Program entails:

• Using best efforts to move quickly toward implementing measures that might reduce ozone levels and increase public awareness
• Develop a plan (“path forward”) within a year of sign up
• Implement path forward measures as soon as possible
• Annual informal status check-ins

The Baton Rouge area might benefit from participating in the Program through:

• Enhanced ozone attainment efforts and greater probability for achieving attainment within the specified three years
• EPA assistance
• A rallying vehicle for public/stakeholder awareness and involvement
• Recognition of the area’s efforts to achieve ozone attainment
• Possible grant preference for the Diesel Emission Reduction Act program funding

The joint BRCAC/CRPC workgroup has determined that our “path forward” should include the following tasks:

1. Develop and implement an effective public awareness/outreach program
2. Identification and documentation of ozone mitigation measures already implemented in the Baton Rouge area
3. Identification and documentation of ozone mitigation measures that are in the process of currently being implemented
4. Research, analysis, and compilation of additional measures that would be feasible and cost-effective for implementation in the Baton Rouge area
5. Selection of a suite of measures for which to pursue implementation
6. Annual check-ins.

To stimulate thinking about possible ozone reduction measures, our workgroup has compiled a preliminary list of innovative ozone mitigation strategies under the areas of alternative energy, energy efficiency, episodic controls, and urban heat island measures.  Additionally, we feel it would be helpful to consider the various measures according to emissions sources categories:

• Point Source (e.g. industrial facilities)
• Area Source (e.g. homes, businesses, lawn care, agriculture)
• Mobile Sources
• On-road (e.g. cars, trucks)
• Off-road (e.g. trains, planes, marine vessels, construction equipment)

LIST OF INNOVATIVE OZONE MITIGATION STRATEGIES

ALTERNATIVE ENERGY

–       Use of Renewable Energy in the Residential and Commercial Sector

–       On-Road Fleet Vehicle Retrofitting/Alternative Energy Incentive Program

–       Off-Road Vehicle Retrofitting/Alternative Energy Incentive Program (e.g. Tug Boats, Locomotives)

–       Incentive Program for Use of Alternative Energy/Clean Fuels in Non-Road Source Category (e.g. Construction)

–       Truck Idle Emission Reductions

–       Locomotives Idle Emission Reductions

–       Waste to Energy

–       Tax Credit for Purchase of Alternative Fuel On-road Vehicles for Non-Commercial Use

–       Renewable/Cleaner Energy in Oil and Gas Industries 

ENERGY EFFICIENCY

–       Green Buildings

–       Building Energy Management

–       Energy Efficient Lighting

–       Energy Star Program

–       Combined Heat and Power (CHP)

–       State EERS Standards

–       Indirect Source Mitigation

–       Public Outreach/Education

–       Weatherization of Older Homes in Low Income Areas

–       Expanded Research, Development, and Demonstration (RD&D)

–       Indirect Source Mitigation for Mobile Sources

EPISODIC CONTROLS

–       Electric Demand Days (HEDD) Program

–       Traffic Congestion Mitigation and Reduction

–       Delay of Low priority Activities

–       Use of Low Emission Fuel High

URBAN HEAT ISLAND

–       Reflective Roofs

–       Increase in Vegetative and Tree Canopy Cover

–       Environment Surface Albedo Changes – Public Sector

–       Environment Surface Albedo Changes – Private Sector

BRCAC and CRPC will be seeking public input to help identify, evaluate, and implement innovative ozone mitigation measures in the Baton Rouge area to help improve air quality and achieve attainment of the National Ambient Air Quality Standard for Ozone.

Dr. Mike McDaniel, Executive Director of the Baton Rouge Clean Air Coalition and veteran of over two decades of air quality improvement efforts, was invited to speak at the “Celebration”. In his remarks, Dr. McDaniel presented what he felt were the top 10 reasons for how the celebrated air quality milestones were accomplished. A condensation of the 10 reasons presentation is provided below:

1. CLEAN AIR ACT AMENDMENTS OF 1990

A. BUILT ON CAA OF 1970 AND CAAA OF 1977

B. SUBSTANTIALLY INCREASED THE AUTHORITY AND RESPONSIBILITY OF THE FEDERAL GOVERNMENT FOR AIR QUALITY REGULATION

C. NEW REGULATORY PROGRAMS AND EXPANSION OF EXISTING PROGRAMS WERE AUTHORIZED FOR

I. ACID DEPOSITION

II. STATIONARY SOURCE PERMITS

III. MOBILE SOURCES AND FUELS

IV. AIR TOXICS

V. ATTAINMENT AND MAINTENANCE OF NAAQS

VI. ENFORCEMENT AUTHORITY

VII. STRATOSPHERIC OZONE PROTECTION

VIII. EXPANDED RESEARCH

2. THERE WAS AN OBVIOUS AIR QUALITY PROBLEM IN THE BATON ROUGE AREA

3. THERE WAS GOOD INDUSTRY BUY-IN

a. GOOD LEADERSHIP FROM PLANT MANAGERS

i. PHILOSOPHY WAS THAT WE KNOW WE ARE GOING TO HAVE TO IMPLEMENT SOME VERY COSTLY CONTROLS, SO LET’S MAKE SURE WE MAKE GOOD DECISIONS BASED ON GOOD SCIENCE

4. WE GOT OFF TO A GOOD START

a. FORMATION OF JOINT DEQ-INDUSTRY TASK FORCE

b. INDUSTRY-PROVIDED RESOURCES

c. DEQ GEARED UP AND STAFFED UP

5. WE INSTALLED A TOP-NOTCH MONITORING PROGRAM FOR OZONE, OZONE PRECURSORS, AND METEOROLOGY

6. WE EVOLVED AS WE LEARNED

a. FIRST FOCUS WAS ON VOC CONTROLS

i. GUS VON BODUNGEN – MARINE LOADING VAPOR CONTROLS

ii. VOC CONTROL STRATEGY AND RELATED RULEMAKING

iii. VOC CONTROLS GOT US CLOSE BUT NOT TO ATTAINMENT

b. NEXT ROUND OF SIP STRATEGY AND MODELING SHOWED WE NEEDED A NOX CONTROL STRATEGY

i. PROMULGATION OF EXTENSIVE NOX RULES

ii. AGAIN CLOSE, BUT NO ATTAINMENT

c. FURTHER ANALYSIS LED US TO LOOK AT HRVOC AND SPIKING OZONE LEVELS.

7. 2004 ADMINISTRATIVE ORDERS ON CONSENT

a. FENCELINE MONITORING FOR LEAKS AND RELEASES

b. PROVED VERY EFFECTIVE FOR FINDING HRVOC SOURCES

c. RESULTED IN DECLINE IN RELEASES OF ABOUT 60%

d. HELPED US ACHIEVE ATTAINMENT OF THE 1-HOUR OZONE STANDARD

8. FEDERAL EMISSION CONTROL PROGRAMS – FUELS, MOBILE SOURCES, SMALL ENGINES, CONSUMER PRODUCTS, CAIR, CONSENT ORDERS, ETC.

9. LOOKING OUTSIDE THE BOX

a. EMBRACING NEW TECHNOLOGY-HAWK CAMERA/ FLIGHTS; MAML

b. RESEARCHING OTHER SOURCES – FENCE LINE MONITORING FOR HRVOC RELEASES, BARGES, PORT FORCHON

c. VOLUNTARY AND EPISODIC CONTROL EFFORTS

10. NO. 10 AND MOST IMPORTANT – ATTAINMENT WAS ACHIEVED AS A COMMUNITY EFFORT

a. IT SEEMS ALMOST PROVIDENTIAL THAT A LOT OF GOOD PEOPLE SHOWED UP AT THE RIGHT TIME AND IN THE RIGHT PLACES TO HELP WITH ATTAINMENT EFFORTS

b. STAKEHOLDER REPRESENTATIVES FROM ALL SECTORS OF OUR COMMUNITY WORKED TOGETHER COLLABORATIVELY

i. STATE/LOCAL GOVERNMENT

ii. INDUSTRY

iii. ECONOMIC DEVELOPMENT

iv. UNIVERSITIES

v. TRANSPORTATION PLANNING AGENCIES

vi. ENVIRONMENTAL ORGANIZATIONS

vii. ENGINEERING/ENVIRONMENTAL CONSULTANTS

viii. LAW FIRMS

c. ORGANIZATIONS OF STAKEHOLDERS LIKE THE BATON ROUGE CLEAN AIR COALITION PROVIDED VALUABLE FORUMS FOR ISSUE DISCUSSIONS AND STRATEGIC PLANNING

THESE EFFORTS HAVE LED US TO ATTAINMENT OF THE 1-HOUR AND 8-HOUR OZONE STANDARDS AS WELL AS ELIMINATING LOCAL EXCEEDANCES OF OUR AIR TOXICS STANDARDS.

Along with this proposal, EPA is also proposing to approve as a revision to the Louisiana State Implementation Plan (SIP), a 1997 8-hour ozone maintenance plan with a 2022 Motor Vehicle Emissions Budget (MVEB) for the Baton Rouge Nonattainment Area (BRNA).  This should be welcomed news for those engaged in transportation planning and conformity determinations for the Baton Rouge area.

EPA is also proposing to approve revisions to the Louisiana SIP that meets the Reasonably Available Control Technologies (RACT) requirements for NOx and VOCs for the 1-hour and 1997 8-hour ozone standard requirements, and to approve a state rule establishing a maintenance plan contingency measure.

In a prior, separate rule making action, EPA finalized its action to terminate the 1-hour ozone backsliding Section 185 penalty fee requirement.  There should be a sigh of relief from our local industries to no longer have to worry about the penalty fees.

In their announcement, EPA stated that preliminary air quality data for 2011 continues to show that the Baton Rouge area meets the 1997 8-hour standard as well as the 1-hour standard for ozone, and that LDEQ has demonstrated that the five parish area will be able to maintain compliance with the ozone standard for the next ten years.

The significance of the redesignation of the Baton Rouge area to attainment should not be overlooked.  When the 1990 Clean Air Amendments were promulgated, the Baton Rouge area was classified as having a “serious” ozone problem and, overall, Louisiana had around 20 parishes around the state designated as nonattainment for ozone.  Tremendous improvements in the state’s air quality have been made over the past two decades and, with the formal redesignation of the Baton Rouge to attainment for the ozone standard, every parish within the State of Louisiana will be in attainment for every National Ambient Air Quality Standard established by the federal government.  The State of Louisiana should be very proud.

For additional information, the EPA news release on proposed redesignation can be found here and the draft federal register notice can be found here

Some of the more salient points made in Paul’s presentation were:

• The CSAPR rule was signed by EPA July 6, 2011.  The rule essentially replaces the old Clean Air Interstate Rule (CAIR) that had been remanded by the courts to EPA.  Twenty-eight eastern U.S. states are affected by the rule.
• Louisiana will be subject to NOx control requirements for summer ozone season only.  A number of other affected states will be subject to year-round controls for ozone (NOx emissions) and fine particulates (PM_2.5)(NOx and SOx emissions).
• Louisiana electric utilities were penalized for early reductions made to comply with the original CAIR rule.
• Ninety-two generating units at 32 locations across the state are affected by the rule.
• Initial compliance is required for the 2012 ozone season, leaving no time to install any needed controls.
• There are major allowance shortfalls at all solid fuel generating stations in Louisiana, and installation of needed controls will be very costly.

The LDEQ presentation can be found here.

Points raised during BRCAC stakeholder discussion included:

• EPA modeling used to set the rule has many faulty assumptions and the rule itself has been characterized as arbitrary and capricious.
• Although no thorough assessment of CSAPR economic impact on Louisiana has yet been completed, it is reasonable to expect serious economic and energy consequences for the state.

In addition to the CSAPR rule, Louisiana’s electric utilities will also be seriously impacted by the forthcoming EPA revisions to the national ozone standard and utility MACT (toxics) rule.  The Obama Administration and EPA are apparently oblivious to the cumulative effects these extraordinarily burdensome and costly rules will have on the nation’s electricity supply and overall economy.