Joint Appendix — Oklahoma, et al., Petitioners v. Environmental Protection Agency, et al.

Supreme Court briefDec 13, 2024

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Text

Nos. 23-1067, 1068

In the

Supreme Court of the United States

OKLAHOMA, et al.,

Petitioners,

v.

ENVIRONMENTAL PROTECTION AGENCY, et al.,

Respondents.

PACIFICORP, et al.,

Petitioners,

v.

ENVIRONMENTAL PROTECTION AGENCY, et al.,

Respondents.

On Writs of Certiorari to the United States

Court of A ppeals for the Tenth Circuit

JOINT APPENDIX

Mithun Mansinghani

Counsel of Record

for Petitioners

Oklahoma, et al.

Lehotsky Keller Cohn LLP

629 West Main Street

Oklahoma City, OK 73102

(202) 309-6027

mithun@lkcfirm.com

Elizabeth B. Prelogar

Counsel of Record

for Respondents

Solicitor General

United States

Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

(202) 514-2217

supremectbriefs@usdoj.gov

PETITIONS FOR CERTIORARI FILED MARCH 28, 2024

CERTIORARI GRANTED OCTOBER 21, 2024

334128

Misha Tseytlin

Counsel for Petitioner

PacifiCorp, et al.

Troutman Pepper

Hamilton Sanders LLP

227 West Monroe, Suite 3900

Chicago, IL 60606

(608) 999-1240

misha.tseytlin@troutman.com

Stanford Edward Purser

Counsel for Petitioner

the State of Utah

Office of Utah

Attorney General

160 East 300 South, 5th Floor

Salt Lake City, UT 84111

(385) 382-4334

spurser@agutah.gov

i

TABLE OF APPENDICES

Page

A P P E N DI X A — E XC E R P T S F R O M

OK LA HOM A

2015

OZONE

INFRASTRUCTURE AND TRANSPORT

SI P ( EPA-R 0 6 - OA R - 2 0 2 1- 0 8 01- 0 0 0 5 ),

DATED OCTOBER 25, 2018 . . . . . . . . . . . . . . . . . . . 1a

APPENDIX B — EXCERPTS FROM UTAH

S TA T E I M PL E M EN TA T ION PL A N:

2008 OZONE IT AND 2015 OZONE ISIP

(EPA-R08-OAR-2022-0315-0007), DATED

JANUARY 24, 2020 . . . . . . . . . . . . . . . . . . . . . . . . . . 33a

APPENDIX C — COMMENT SUBMITTED BY

UTAH DEPARTMENT OF ENVIRONMENTAL

QUALITY (EPA-R08-OAR-2022-0315-0011),

DATED JULY 25, 2022 . . . . . . . . . . . . . . . . . . . . . . 58a

A P P E N DI X D — E XC E R P T S F R O M

COMMENT SUBMITTED BY PACIFICORP

(EPA-R08-OAR-2022-0315-0014), DATED

JULY 25, 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68a

A P P E N DI X E — E XC E R P T S F R O M

RESPONSE TO COMMENTS DOCUMENT

(EPA-HQ-OAR-2021-0663-0083) . . . . . . . . . . . . . . 106a

A PPENDIX F — EXCERPTS FROM AIR

QUA LI T Y MODELI NG T ECH N ICA L

SUPPORT DOCUMENT (EPA-HQ-OAR2021-0663-0085) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234a

1a

Appendix AFROM OKLAHOMA

APPENDIX A — EXCERPTS

2015 OZONE INFRASTRUCTURE AND

TRANSPORT SIP (EPA-R06-OAR-2021-0801-0005),

DATED OCTOBER 25, 2018

Michael J. Teague

Secretary of Energy

& Environment

Mary Fallin

Governor

STATE OF OKLAHOMA

OFFICE OF THE

SECRETARY OF ENERGY & ENVIRONMENT

204 N. ROBINSON, SUITE 1010 • OKLAHOMA CITY,

OK 73102 • 405-285-9213 • FAX 405-285-9212

October 25, 2018

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Anne Idsal, Regional Administrator (6RA)

U.S. Environmental Protection Agency—Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Subject:

Certification of SIP Elements for the 2015

Primary and Secondary Ozone NAAQS under

Clean Air Act Sections 110(a)(1)-(2)

Dear Administrator Idsal:

In a letter dated September 24, 2013 Governor Mary

Fallin appointed me as her designee for the purpose

of submitting documents to the U.S. Environmental

2a

Appendix A

Protection Agency (EPA) for approval and incorporation

into the State Implementation Plan (SIP) for the State of

Oklahoma. The Oklahoma Department of Environmental

Quality (DEQ) is given the primary responsibility and

authority to prepare and implement the state’s air quality

management plan under Oklahoma Statutes.

Sections 110(a)(1) and (2) of the Clean Air Act requires

that each state review and revise as necessary its SIP

following promulgation of a revised National Ambient

Air Quality Standards (NAAQS) (See U.S.C. § 7410(a)(1) and

(2)). On October 1, 2015, the EPA administrator signed the

Primary National Ambient Air Quality Standards for

Ozone (80 Fed. Reg. 65292, October 26, 2015). EPA issued

the “Guidance on Infrastructure State Implementation

Plan (SIP) Elements under Clean Air Act Sections

110(a)(1) and 110(a)(2)” in September 2013. Under this

guidance, states may certify that their existing SIPs meet

the “infrastructure” elements of § 110(a)(2), rather than

submitting a revised SIP for the revised NAAQS such as

the 2015 Ozone NAAQS. Oklahoma’s SIP is codified in 40

CFR Part 52, Subpart LL.

On behalf of the State of Oklahoma, I hereby certify that,

as indicated in the enclosed table titled “Oklahoma’s State

Implementation Plan (SIP) Submittal ‘Infrastructure’

Checklist,” and the enclosed Technical support document

titled “Oklahoma Demonstration of Compliance with

the Good Neighbor Requirements of Clean Air Act

Section 110(a)(2)(D)(i)(I) for the 2015 Ozone National

Ambient Air Quality Standard,” Oklahoma’s SIP meets

the infrastructure and Good Neighbor obligations for the

3a

Appendix A

2015 Primary and Secondary Ozone NAAQS. To date,

the only SIP change required to meet the revised 2015

Ozone NAAQS was a revision to Appendix E and F of

OAC 252:100, to add the new 8-hour Ozone standard

[CAA § 110(a)(2)(H)], which became effective September

15, 2016.

State public participation procedures for such SIP

submittals were submitted to EPA for review under 40

CFR § 51.102. In a letter dated August 23, 2012, EPA

concurred that Oklahoma’s procedures are consistent

with the requirements of 40 CFR § 51.102 and associated

guidance. Public notice for this submittal was posted

on DEQ’s web site on August 15, 2018, to allow the

opportunity to provide comments and to request a public

hearing preliminarily scheduled for September 17, 2018

at DEQ’s Central Office.

No hearing request was received during the minimum

30-day comment period (8/15/18—9/14/18). Therefore, a

notice of hearing cancellation was published on DEQ’s

website on September 14, 2018. Attached is documentation

of the public notice and submittal process. Also attached

are copies of comments received during the comment

period and a Response to Comments document. It is our

understanding that the final results of EPA’s review of

this submittal will be determined through rulemaking

and will be published in the Federal Register.

Please note that Oklahoma currently has no designated

Ozone nonattainment or maintenance areas so no

nonattainment plans are due.

4a

Appendix A

If you have questions, please contact Mr. Eddie

Terrill, Director, Air Quality Division, Department of

Environmental Quality at (405) 702-4100.

Sincerely,

/s/ Michael Teague

Michael Teague

Secretary of Energy and Environment

5a

Appendix A

Oklahoma Demonstration of Compliance with

the Good Neighbor Requirements of Clean Air Act

Section 110(a)(2)(D)(i)(I) for the 2015 Ozone

National Ambient Air Quality Standard

October 2018

Oklahoma Department of Environmental Quality

707 N Robinson

Oklahoma City, OK 73101

Oklahoma 2015 Ozone Transport SIP

6a

Appendix A

[This page intentionally left blank.]

7a

Appendix A

[TABLE INTENTIONALLY OMITTED]

Oklahoma Demonstration of Compliance

with the Good Neighbor Requirements of

Clean Air Act Section 110(a)(2)(D)(i)(I)

for the 2015 Ozone National Ambient

Air Quality Standard

1.0 Introduction

Sections 110(a)(1) and (2) of the Clean Air Act (CAA)

require all states to adopt and submit to the Environmental

Protection Agency (EPA) any necessary revisions to its

State Implementation Plans (SIP) which provide for

the implementation, maintenance, and enforcement of a

new or revised National Ambient Air Quality Standard

(NAAQS). Such revisions are commonly referred to

as “infrastructure SIPs.” The EPA revised the ozone

NAAQS in October 2015 and completed the designation

process to identify most nonattainment areas in April

2018, and finalized designations on July 25, 2018. The

Oklahoma Department of Environmental Quality (DEQ)

is submitting this document to satisfy the transport SIP

requirements of CAA Section 110(a)(2)(D)(i)(I), which is

commonly referred to as the “Good Neighbor” provision.

2.0 Request

CAA section 110(a)(2)(D)(i)(I) prohibits emissions from

states that will contribute significantly to nonattainment

or interfere with maintenance in any other state with

respect to any primary or secondary NAAQS. However,

8a

Appendix A

EPA stated in the notice for the Cross-State Air Pollution

Rule Update for the 2008 Ozone NAAQS (“2016 CSAPR

Update”), that “… EPA does not view the obligation under

the good neighbor provision as a requirement for upwind

states to bear all of the burden for resolving downwind air

quality problems. Rather, it is an obligation that upwind

and downwind states share responsibility for addressing

air quality problems. If, after implementation of reasonable

emissions reductions by an upwind state, a downwind air

quality problem persists, whether due to international

emissions or emissions originating within the downwind

state, the EPA can relieve the upwind state of the obligation

to make additional reductions to address that air quality

problem. But the statute does not absolve the upwind state

of the obligation to make reasonable reductions in the first

instance.” [81 Fed. Reg. 74536, 26 Oct 2016]

The State of Oklahoma, through DEQ, is requesting

the EPA to approve the Oklahoma Demonstration of

Compliance with the Good Neighbor Requirements of

Clean Air Act Section 110(a)(2)(D)(i)(I) for the 2015 Ozone

National Ambient Air Quality Standard as a revision to

the SIP. This revision supplements EPA’s Determination

Regarding Good Neighbor Obligations for the 2008 Ozone

National Ambient Air Quality Standard proposal [83

Fed. Reg. 31915, 10 July 2018], in which EPA finds that

the 2016 CSAPR Update fully addresses CAA section

110(a)(2)(D)(i)(I) (i.e., “Good Neighbor”) requirements

for Oklahoma.

9a

Appendix A

3.0 Background

On October 26, 2015, EPA promulgated a revised NAAQS

for ozone based on 8-hour average concentrations [80 Fed.

Reg. 65292]. EPA revised the level of the 8-hour ozone

NAAQS to 0.070 parts per million (ppm). EPA completed

the designation process to identify nonattainment areas

in April 2018; all areas of Oklahoma were designated as

attainment/unclassifiable [83 Fed. Reg. 25825, 4 June

2018].

Pursuant to section 110(a) of the CAA, states are required

to submit SIPs to provide for the implementation,

maintenance, and enforcement of a new or revised NAAQS

within three (3) years following the promulgation of

such NAAQS, or within a shorter period as EPA may

prescribe. More specifically, section 110(a)(1) provides

the procedural and timing requirements for SIPs.

Section 110(a)(2) lists specific elements that states must

meet for ‘‘infrastructure’’ SIP requirements related to a

newly established or revised NAAQS. These requirements

include basic SIP elements such as requirements for

monitoring, basic program requirements, and legal

authority that are designed to assure attainment and

maintenance of the NAAQS.

On January 28, 2015, DEQ submitted a plan to satisfy the

requirements of section 110(a)(2) of the CAA for the 2008

ozone NAAQS. This submittal addressed the following

infrastructure elements, or portions thereof: section 110(a)(2)

(A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), and (M) of the

CAA. On December 9, 2016, EPA approved the submittal [81

10a

Appendix A

Fed. Reg. 89008]. DEQ did not make a submittal to address the

transport portion, (§110(a)(2)(D)(i)(I)) of the Infrastructure

SIP, and on July 13, 2015, [80 Fed. Reg. 39961], EPA

made a Finding of Failure To Submit a Section 110 State

Implementation Plan for Interstate Transport for the 2008

National Ambient Air Quality Standards for Ozone for 24

states, which included Oklahoma. This finding of failure to

submit establish a 2-year deadline for EPA to promulgate

a Federal Implementation Plan (FIP) to address the

interstate transport SIP requirements pertaining to

significant contribution to nonattainment and interference

with maintenance unless, prior to EPA promulgating a

FIP, the state submits, and the EPA approves, a SIP that

meets these requirements.

On June 29, 2018, the EPA proposed [83 Fed. Reg. 31915,

July 10, 2018] that the 2016 CSAPR Update [81 Fed.

Reg. 74504, October 26, 2016] fully addresses 20 states’

interstate pollution transport obligations for the 2008

ozone NAAQS. The proposal relies on EPA’s latest data

and modeling to assess air quality nonattainment and

maintenance for the 2008 ozone NAAQS. This analysis

found that there are projected to be no remaining

nonattainment or maintenance receptors in the eastern

United States by 2023. In accordance with this finding,

EPA is proposing to determine that the 20 states

covered by this proposal would not need to submit SIPs

establishing additional control requirements beyond the

2016 CSAPR Update to address transported ozone and

ozone precursors with respect to the 2008 ozone NAAQS.

Also, EPA would have no obligation to establish additional

control requirements for sources in these states.

11a

Appendix A

4.0 Ozone

4.1 Formation

Ground-level ozone (O3) is a gas that is not usually emitted

directly into the air, but is a secondary pollutant formed

by the reaction of oxides of nitrogen (NOx) and volatile

organic compounds (VOCs) in the presence of sunlight.

Many types of sources emit these precursor pollutants,

including power plants and industrial facilities, onroad and off-road motor vehicles, engines, and small

sources collectively referred to as area sources. Ozone

is predominately a summertime pollutant; however, high

ozone concentrations have been observed in cold months

when snow on the ground reflects ultraviolet light so it

makes a double pass through the atmosphere and provides

more energy for the ozone formation reaction. Ozone and

ozone precursors (NOx and VOCs) can be transported

hundreds of miles.

4.2 Ozone Precursors—NOx and VOCs

The Good Neighbor provision of the CAA “provides both

the states and the EPA with the flexibility to develop

a remedy targeted at a particular air quality problem,

including the flexibility to tailor the remedy to address

the particular precursor pollutants and sources that

would most effectively address the downwind air quality

problem.”1 “In order to address the regional transport

1. Response to December 9, 2013, Clean Air Act Section 176A

Petition From Connecticut, Delaware, Maryland, Massachusetts,

New Hampshire, New York, Pennsylvania, Rhode Island and

Vermont, 82 Fed. Reg. 6516, 19 Jan 2017.

12a

Appendix A

of ozone…., the EPA has promulgated four (4) regional

interstate transport rules focusing on the reduction

of NOx emissions, as the primary meaningful precursor

to address regional ozone, from certain sources located

in states in the eastern half of the U.S. 2 ” The Ozone

Transport Assessment Group’s (OTAG) Regional and

Urban Scale Modeling, and Air Quality Analysis Work

Groups concluded, with which EPA agreed, “Regional

NOx emissions reductions are effective in producing ozone

benefits; the more NOx emissions reduced, the greater

the benefit to air quality; and VOC controls are effective

in reducing ozone locally and are most advantageous

to urban nonattainment areas.” The EPA concluded, “a

regional strategy focusing on NOx reductions across a

broad portion of the region will help mitigate the ozone

problem in many areas of the East” [82 Fed. Reg. 6517,

19 Jan 2017].

4.3 EPA’s Designation Process

On October 1, 2015, the EPA revised both the primary

and secondary NAAQS for ozone to a level of 0.070 ppm;

annual fourth-highest daily maximum 8-hour average

concentration, averaged over 3 years [80 Fed. Reg. 65292,

26 Oct. 2015]. On November 6, 2017, EPA designated

approximately 85% of the counties in the United States

as attainment/unclassifiable with the 2015 ozone standard

based on 2014 -- 2016 design values [82 Fed. Reg. 54232].

EPA completed additional area designations for most of

the remaining portions of the United States in accordance

with the requirements of CAA section 107(d) on April 30,

2018, [83 Fed. Reg. 25825] and designated eight counties in

2. Ibid

13a

Appendix A

the San Antonio area on July 25, 2018 [83 Fed. Reg. 35136].

All counties in Oklahoma were designated “unclassifiable/

attainment” for the 2015 8-hour ozone NAAQS [82 Fed.

Reg. 54232 and 83 Fed. Reg. 25825].

4.4 Transport Modeling

4.4.a. EPA

EPA has provided air quality modeling using a 2011-base

platform to help states address the requirements of CAA

section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. This

modeling was provided in its Notice of Availability of

the Environmental Protection Agency’s Preliminary

Interstate Ozone Transport Modeling Data for the 2015

Ozone National Ambient Air Quality Standard [82 Fed.

Reg. 1733, 6 Jan. 2017].

4.4.b. Texas Commission on Environmental Quality

(TCEQ)

TCEQ has developed modeling specifically to address the

2015 ozone standard Good Neighbor SIP requirements.

The modeling results and reports can be found at http://

www.deq.state.ok.us/aqdnew/rulesandplanning/o3isip2015/

17039SIP_2015OzoneTransport_ado_backup.pdf.

One major way the TCEQ modeling differs from the EPA

modeling is that TCEQ uses a 2012 base year instead of

a 2011 base year. DEQ and TCEQ have both submitted

comments on the unsuitability of meteorological data

from the May through September 2011 episode for ozone

modeling in response to several EPA ozone model updates.

DEQ specifically submitted comments in response

14a

Appendix A

to the Notice of Availability of the Environmental

Protection Agency’s Preliminary Interstate Ozone

Transport Modeling Data for the 2015 Ozone National

Ambient Air Quality Standard [82 Fed. Reg. 1733, 6

Jan. 2017]. Evidence supporting the fact that 2011 was a

meteorologically anomalous year for Oklahoma and Texas

is found in Attachment A of the October Memorandum from

Peter Tsirigotis, EPA OAQPS, to Regional Air Division

Directors, Regions 1-10, entitled Considerations for

Identifying Maintenance Receptors for Use in Clean Air

Act Section 110(a)(2)(D)(i)(I) Interstate Transport State

Implementation Plan Submission for the 2015 Ozone

National Ambient Air Quality Standards (“Tsirigotis

October 2018 Memo”). 2011 was the hottest year on record,

and the single-worst drought year recorded in Texas

since 1895. In Oklahoma, the 2011 ozone season was the

warmest on record, with the five-month period from May

to September showing a positive temperature departure

from the 20th century mean of 5.3 ºF, and was the third

driest period on record.

4.5 New Information and Analytical Approaches

On March 27, 2018, EPA issued a Memorandum from

Peter Tsirigotis, EPA OAQPS, to Regional Air Division

Directors, Regions 1-10, entitled Information on the

Interstate Transpor t State Implementation Plan

Submission for the 2015 Ozone National Ambient Air

Quality Standards under Clean Air Act Section 110(a)(2)

(D)(i)(I) (“Tsirigotis March 2018 Memo”). The Tsirigotis

March 2018 Memo provided newly-available contribution

modeling results, which are still based on the year 2011,

along with a list of potential flexibilities in analytical

approaches for developing good neighbor SIPs for the

15a

Appendix A

2015 Ozone NAAQS.

Since EPA developed CSAPR, the original rule and

subsequent update were based on EPA’s modeling that

used a screening threshold of one percent (1%) of the

NAAQS to identify contributing upwind states warranting

further review and analysis. EPA has acknowledged this

threshold represents a policy choice, rather than a healthbased threshold grounded in risk assessment. In essence,

this threshold represents a compromise that allowed the

responsibilities for upwind reductions to be spread over a

sufficiently-large number of states so that no state would

be unduly burdened (individually) with requirements for

NOx reductions. Further, in the 2015 transport NODA,3 the

EPA acknowledged that a contribution of 1% of the NAAQS

from an upwind state alone does not determine whether the

upwind state significantly contributes to nonattainment or

interferes with maintenance of a NAAQS to a downwind

state. The 1% threshold represents a screening level and

the magnitude of the reductions required were determined

by a cost-effectiveness analysis with modeling performed

to confirm that the cost-effective reductions would have

the desired result (attainment of the ozone NAAQS in all

but a handful of downwind monitoring sites). It is entirely

possible that estimated emissions reductions resulting

from emission controls selected based on the costeffectiveness analysis would be greater than that required

to bring an upwind state below the 1% significance

threshold and it is also possible that, after achieving the

3. Notice of Availability of the Environmental Protection

Agency’s Preliminary Interstate Ozone Transport Modeling

Data for the 2015 Ozone National Ambient Air Quality Standard

(NAAQS), 82 Fed. Reg. 1740 (January 6, 2017).

16a

Appendix A

cost-effective reductions, a state’s contributions could

remain above the threshold. For the original CSAPR and

2016 CSAPR Update, the 1% threshold represented an

effective policy choice that balanced the need to achieve

reductions with cost and distributional concerns. This

approach was especially well-suited to these rules, because

the targeted sector (fossil-fueled Electricity Generating

Units—EGUs) represented an especially target-rich

environment for cost-effective NOx emission reductions

at that time. Many facilities (older coal-fired boilers,

natural gas-fired turbines, etc.) were decades old and had

not been equipped with simple, cost-effective technologies

like low-NOx burners. In addition, the distribution of

NOx allowances tipped the economic calculus in favor of

dispatching newer, less-polluting units (e.g., combinedcycle turbines with selective catalytic reduction). Because

the electric market is regional, it made sense to bring in a

larger pool of upwind states to participate in the program

to mitigate the possibility that power generation would

switch to states left out of the program, yielding increased

NOx emissions from nonparticipating facilities that would

negate the reductions achieved by participating states.

DEQ concurs with this approach for the original CSAPR

and 2016 CSAPR Update, but DEQ believes that transport

issues that need to be addressed in response to the

adoption of the 2015 ozone NAAQS are more granular

and would benefit from a more focused approach. The

possibility of using a different significance threshold was

one of the areas of flexibility addressed in the Tsirigotis

March 2018 Memo 4 , and later in his August 2018

4. Memorandum from Peter Tsirigotis, EPA OAQPS, to

EPA Regional Air Division Directors, Regions 1-10, “Guidance

on Significant Impact Levels for Ozone and Fine Particles in the

17a

Appendix A

Memo 5 . For the 2015 ozone NAAQS, DEQ believes that 1.0

ppb would be a more appropriate significant impact level

for ozone transport. If EPA recommends a Significant

Impact Level (SIL) for ozone of 1.0 ppb for Prevention

of Significant Deterioration (PSD) determinations, 6

then the significant impact level for ozone transport

should be at least 1.0 ppb. It is illogical to allow a new

single source to have a higher impact before requiring

additional controls than what is required for an entire

state. DEQ believes this is especially relevant for this

transport evaluation, because the previous rulemakings

have harvested most of the low-hanging fruit represented

by available controls on EGUs, most of which were already

equipped with continuous emissions monitoring systems

(CEMS) and whose emissions were already reported to

the Clean Air Markets Division (CAMD). Attainment of

the 2015 ozone NAAQS will likely require more targeted

reductions on smaller sources and enhanced compliance

verification on facilities already covered by New Source

Performance Standards (NSPS). For example, states

with recalcitrant ozone attainment problems which are

experiencing a boom in oil and gas development would

do well to address control of NOx and VOC emissions in

Prevention of Significant Deterioration Permitting Program,”

April 17, 2018.

5. Memorandum from Peter Tsirigotis, EPA OAQPS, to

EPA Regional Division Directors, Regions 1-10, “Analysis of

Contribution Thresholds for Use in Clean Air Act Section 110(a)

(2)(D)(i)(I) Interstate Transport State Implementation Plan

Submissions for the 2015 Ozone National Ambient Air Quality

Standards,” August 31, 2018

6. Also from the April 17, 2018 Tsirigotis memo.

18a

Appendix A

counties not currently classified nonattainment. These

efforts require a more granular approach, including the

adoption of presumptive best available control technologies

(BACT) for new installations. With additional focus on

New Source Review (NSR), it is important to use a similar

metric to evaluate potential impacts. Adoption of a 1.0 ppb

significance threshold to assess interstate transport would

represent a step toward achieving that goal.

4.6 Ozone Transport Assessment for Good Neighbor

SIPs 4-step framework

EPA developed a 4-step framework for addressing the

requirements of the “Good Neighbor” provision in the

CSAPR for the 1997 ozone NAAQS and the 1997 and 2006

PM 2.5 (particulate matter less than 2.5 microns) NAAQS:

(1) identify downwind receptors that are expected to have

problems attaining or maintaining the NAAS;

(2) determine which upwind states significantly contribute

(or are “linked”) to the downwind air quality problems;

(3) for states that are “linked,” quantify the level of

upwind emissions that need to be addressed to satisfy

the “Good Neighbor” provision; and,

(4) adoption of permanent and enforceable emission

reductions in “linked” upwind states.

EPA has used this 4-step process for each successive ozone

standard.

19a

Appendix A

4.7 EPA Modeling Data

DEQ utilized the data provided by EPA7 to perform step

one and two above for Oklahoma. We eliminated all sites

that had an Oklahoma contribution of less than 0.70 ppb,

then eliminated all of the sites that did not have a 2023

average DV, or 2023 maximum DV greater than 70.9 ppb.

The result was the six sites listed below:

Site ID

County

State

2023en8

Average

260050003

Allegan

MI

69.0

481210034

Denton

TX

69.7

484392003

Tarrant

TX

72.5

480391004

Brazoria

TX

74.0

550790085

Milwaukee

WI

71.2

551170006

Sheboygan

WI

72.8

2023en Maximum

Oklahoma Contribution

71.7

1.31

72.0

1.23

7. The data EPA obtained from its modeling for the 2015

ozone transport, is located at https://w w w.epa.gov/sites/

production/files/2018-05/updated_2023_modeling_dvs_collective_

contributions.xlsx

8. Note, 2023en is the scenario name for the updated EPA

modeling.

20a

Appendix A

74.8

1.71

74.9

0.90

73.0

0.76

75.1

0.95

Next, the flexibility EPA has allowed—a modified step

2, using a Significant Impact Level of 1.0 ppb—would

eliminate three sites from consideration, and leave only

the three sites listed below that need further review

and analysis of any Significant Impacts from Oklahoma

emissions:

Site ID

County

State

2023en

Average

260050003

Allegan

MI

69.0

481210034

Denton

TX

69.7

484392003

Tarrant

TX

72.5

2023en Maximum

Oklahoma Contribution

71.7

1.31

72.0

1.23

74.8

1.71

To address its responsibilities for the interstate transport

of ozone, TCEQ performed ozone modeling using a 2012

base year. The TCEQ future year modeling used growth

and control factors based on projected growth in the

demand for goods and services, along with the reduction

21a

Appendix A

in emissions expected from state, local, and federal

control programs. This modeling data can be found at:

http://www.deq.state.ok.us/aqdnew/rulesandplanning/

o3isip2015/texas_ot_2023_dvf_with_state_contributions.

xlsx. In this spreadsheet, note that the 2023 design

value for Denton County TX (481210034) is 68 ppb, and

Tarrant County TX (484392003) is 66 ppb. The modeling

performed by Texas demonstrates that both of these sites

are in attainment in the year 2023, and therefore there is

no need to assess the impact of interstate transport on

these sites.

In the TCEQ modeling, Texas used an alternative method

for developing Maintenance DVs, using annual 4th high

values for years 2012 through 2014. The 2012 through

2014 DVs for the Denton and Tarrant county monitoring

sites are 81 and 77.7 ppb respectively. Using the EPA

method of the highest DV of the three DVs surrounding

the base year, the DVs for Denton and Tarrant County

monitoring sites are both 87 ppb. Applying the Relative

Reduction Factors (RRF) of 0.813 and 0.803 respectively,

the 2023 DVs for these sites are 65.9 and 62.4 for the Texas

method, and 70.7 and 69.9 for the EPA method. Although

Texas’s modeling shows a greater reduction, both sites

demonstrate attainment in 2023 using either EPA’s or

Texas’s method.

The TCEQ “ Transport Demonstration for Ozone”

assesses the impacts of anthropogenic emission sources

that are the largest contributors of NOx in the 10-county

22a

Appendix A

Dallas-Fort Worth ozone nonattainment area.99 Figure

2-5 of the TCEQ SIP shows that mobile sources represent

the largest source category (67,595 tons in 2014 out

of 125,981 tons total). However, anthropogenic NOx

contributions regionally, and mobile sources in particular,

have decreased significantly since 2005 (where mobile

NOx sources contributed 138,704 tons and anthropogenic

sources totaled 232,311 tons). The mobile source fleet

turnover in the Dallas-Ft Worth area is responsible

for approximately a 1 ppb per year reduction in ozone.

These trends are expected to continue as newer vehicles

continue to replace existing vehicles over the next 5 years.

Extrapolating from recent trends, it is expected that the

Denton and Tarrant sites will be in attainment by 2023.

Data relating to the remaining site to examine, Allegan

County Michigan, is listed below.

Site ID

County &

State

2023en

Average

2023en

Maximum

260050003

Allegan, MI

69.0

71.7

Oklahoma

Contribution

International

Contribution

Initial &

Boundary

1.31

0.54

11.85

The 2023en Average value is below 71 ppb, which means

this site is assumed to demonstrate attainment by 2023.

9. The link to the TCEQ Transport SIP was provided on

page 6 of this document.

23a

Appendix A

Since the 2023en Maximum is above 71 ppb, it is assumed

to be a maintenance area in 2023. The DV for the Allegan

site has had a substantial reduction in the last 6 years

from 84 ppb in 2012 to 73 ppb in 2017, a 1.8 ppb per

year decrease. The Allegan county site is substantially

influenced by mobile sources from the Chicago area, and

like the DFW area, these emissions are expected to be

greatly reduced in the near future, by roughly a 1 ppb per

year decrease, leading to Attainment for the Allegan site.

A flexibility provided by EPA in the Tsirigotis March

2018 Memo was to determine a state’s share of the ozone

in excess of the standard for the downwind monitor

to determine the amount of ozone reduction they are

modelled to be responsible for. In the EPA modelling, the

sum of contributions from all upwind states to the Allegan

site is 42.90 ppb, and the Oklahoma contribution is 1.31

ppb, which is 3%. We believe that our weight-of-evidence

approach (below) is sufficient to demonstrate trends that

will bring the Allegan County site into attainment by 2023.

However, even if that analysis was rejected, the relatively

small contribution from Oklahoma (3% of total upwind

state contributions) combined with the distance between

Oklahoma sources and the receptor, warrants a focus on

nearby states with greater proportional contributions

as the most prudent approach to addressing interstate

transport of ozone precursors.

5.0 Weight of evidence

Due to the emission reductions required by rules like

CSAPR, the 2016 CSAPR Update, and the regional haze

24a

Appendix A

requirements, the NOx emissions from electric generation

in Oklahoma has dropped significantly during the ozone

season in the last seven years. Oklahoma EGU Acid Rain

Ozone Season Emissions are listed below:

Oklahoma EGU Acid Rain Ozone

Season Emissions

Year

NOx Emissions

TPY

2011

38,285

2012

31,242

2013

23,462

2014

16,230

2015

12,997

2016

12,163

2017

10,435

The Southwest Power Pool (SPP) footprint changed in

2015 from part or all of 8 mostly central and southern

states to 13 states, including Montana, North and South

Dakota, and Wyoming. The SPP runs a day-ahead

market to provide the lowest cost electricity possible.

This means that in the summertime when the southern

states are in need of additional generation, the northern

states can supply it, reducing emissions in the southern

states on high electric demand days.

Electric generation in the state of Oklahoma in the last 8

years has been very dynamic, with the changes in the SPP,

25a

Appendix A

building of additional windfarms, and electric utilities

installing solar generation facilities having all led to

NOx reductions for the state.

The low-cost emission reductions have been obtained

from the electric generation sector, and any additional

reductions would require more costly emission controls.

Due to time and resource constraints, the modelling EPA

performed for the states to use for Good Neighbor SIPs,

used a 2011 base year (performing a 12 year projection to

2023), and therefore the Maintenance Monitor calculations

were based on the Maximum design value for years 2009

through 2013. The value for the Allegan County monitor

was 86 ppb (4 ppb higher than any other Michigan monitor).

If the modelling were performed using a 2016 base year

(performing a 7 year projection), the Maintenance monitor

design value would have been 75 ppb. Assuming a constant

rate of reduction, 86 ppb minus 71.7 ppb (future year

modelled value) equals a 14.3 ppb difference. 14.3 divided

by 12 (years) equals a 1.1917 ppb reduction per year

from EPA’s modeling. Applying the 1.1917 ppb per year

reduction to the 2016 Allegan County Maximum design

value of 75 ppb, results in a 66.66 ppb Design Value in the

seventh year (2023) , easily demonstrating attainment.

Oklahoma anthropogenic NOx and VOC data provided as

supporting data for the previously mentioned Tsirigotis

October 2018 Memo demonstrate a substantial reduction

of NOx and VOC from 2011 to 2023. The reductions for

NOx are from 405,000 to 235,000 tpy and VOC are from

414,000 to 295,000 tpy. These reductions should result in

26a

Appendix A

considerable ozone reductions.

6.0 Conclusions

DEQ has control measures in place to address ozone

precursor emissions and these measures have resulted

in significant decreases in 8-hour ozone design values in

Oklahoma. The average reduction in 8-hour ozone design

values for the State of Oklahoma monitoring sites is 0.79

ppb per year for the last 15 years (2004 -- 2017). Additional

NOx controls would not be cost effective.

Also, DEQ has a robust, SIP-approved NSR permitting

program and therefore has met the CAA infrastructure

requirements relating to PSD. The DEQ has also

determined that Oklahoma meets the visibility transport

provisions for the 2015 ozone NA AQS, as the state

is not contributing significantly to nonattainment or

maintenance issues in any other state.

In conclusion, this SIP revision demonstrates that

Oklahoma meets the interstate transport requirements of

CAA section 110(a)(2)(D)(i)(I) as well as the requirements

of section 110(a)(2)(D)(i)(II) for PSD and visibility

protection, and the interstate pollution abatement and

international air pollution requirements of section 110(a)

(2)(D)(ii) without further reductions.

27a

Appendix A

Summary of Comments and Responses

Oklahoma’s I-SIP Submittal for the Oklahoma

Demonstration of Compliance with the Good

Neighbor Requirements of Clean Air Act Section

110(a)(2)(D)(i)(I) for the 2015 Ozone National

Ambient Air Quality Standard

DEQ received no request for a public hearing during

the notice period, therefore, as stated in the public notice,

a hearing was not held. One set of comments was received

on September 17, 2018 from Guy Donaldson, Associate

Director for Air, Multimedia Division, EPA Region 6.

EPA’s comments were limited to the “Good Neighbor”

transport portion of the SIP submittal and all page

numbers below are references thereof.

1. COMMENT:

Section 4.5 New Information and Analytical

Approaches

EPA suggests factoring in information from the EPA

memo of August 31, 2018, “Analysis of Contribution

Thresholds for use in Clean Air Act Section 110(a)(2)

(D)(i)(I)Interstate Transport State Implementation

Plan Submissions for the 2015 Ozone National

Ambient Air Quality Standards.”

RESPONSE: We have added a reference to the

memo on page 9.

28a

Appendix A

2. COMMENT:

Section 4.7 EPA Modeling Data

EPA suggests an evaluation of the collective

contribution in the Dallas/Ft. Worth (DFW) and

Allegan, Michigan areas. Also, EPA is interested in

Oklahoma’s recommendations on whether different

contribution thresholds are appropriate based on

regional differences in the nature or extent of the

transport problem.

RESPONSE: The first sentence of this comment

is addressed on pages 12 and 13. As for the second

sentence in this comment, Oklahoma as not analyzed

the regional differences in the nature or extent

of the transport problem, so for now, we have no

recommendation on whether different contribution

thresholds are appropriate.

3. COMMENT:

Section 4.7 EPA Modeling Data

It would be helpful to add additional discussion

about the differences between the EPA and

TCEQ’s modeling results and why the two modeling

approaches reach different conclusions regarding

whether monitors in DFW will be in attainment in

2023 and whether the DFW area monitors should be

considered maintenance receptors. This discussion

should also include evaluation of the difference

29a

Appendix A

bet ween the EPA and TCEQ’s maintenance

receptor methodology calculations and the ozone

conduciveness of the 2011 vs. 2012 period.

RESPONSE: Most of page 12, and the first

paragraph of page 13 was added to address these

comments.

4. COMMENT:

Section 4.7 EPA Modeling Data

As weight of evidence in support of Oklahoma’s

conclusion that the DFW monitors will be in

attainment and should not be considered maintenance

receptors, EPA also suggests evaluation of recent

ozone levels coupled with monitoring trends

and modeling analyses for the DFW area. When

considering recent monitoring data, please assess

whether the recent period was conducive to ozone

formation. The TCEQ monitoring analyses indicate

that DFW 8-hour ozone monitoring values have

been dropping at a rate of over 1 ppb/year largely due

to mobile fleet turnover which is also supported by

past TCEQ modeling for future years 2017 and 2018.

Much of this information can be found in recent TCEQ

Attainment Demonstration SIP submittal materials

for the DFW area, which also include conceptual model

and analyses of high ozone events in DFW.

RESPONSE: We provide a link to the Texas Good

Neighbor SIP data and documents on page 6. We

address the annual decrease in ozone on page 12.

30a

Appendix A

5. COMMENT:

Section 4.7 EPA Modeling Data

EPA notes the TCEQ modeling which Oklahoma is

relying upon for its SIP has Allegan projected to be

a nonattainment receptor in 2023 and the EPA’s

modeling has Allegan projected to be a maintenance

receptor. Oklahoma may want to consider recent DV

trends at Allegan (2015-2017 is 73 ppb) and any

information on ozone formation and DV trends due

to fleet turnover, etc. that could support a conclusion

that the Allegan monitor will be in attainment in

2023 and should not be considered a maintenance

receptor.

RESPONSE: We address this on pages 12 and 13.

6. COMMENT:

Section 4.7 EPA Modeling Data

Regarding international contr ibutions, EPA

suggests that a conclusion that the monitor will not

have attainment or maintenance issues in 2023 will

require a more fulsome discussion with respect to the

relative contributions of anthropogenic international

emissions and upwind domestic anthropogenic

emissions, and such discussion should address why

it is technically and legally supportable to “subtract

100%” of anthropogenic and non-anthropogenic

contributions from Canada and Mexico as well as 2%

31a

Appendix A

of the initial and boundary contribution.

RESPONSE: On page 12 we used other arguments

to substantiate our case that the Allegan county site

will gain attainment by 2023.

7. COMMENT:

Section 4.7 EPA Modeling Data

The proposed SIP revision indicates that reductions

of nitrogen oxide emissions from Oklahoma electric

generators to comply with the 2016 Cross-State Air

Pollution Rule Update should be enough to address

any Oklahoma obligation to reduce emissions that

interfere with maintenance of the 2015 ozone NAAQS

at the Allegan receptor. The EPA did estimate these

CSAPR emission reductions and take them into

account in the 2023 EPA modeling. If there are

additional reductions in NOx and/or VOC emissions

at Oklahoma EGUs or other industry sectors that

have not been included in the EPA’s 2023 modeling,

please provide details on the sources and reason for

additional reductions, amount of additional reduction,

some relative comparison to total emissions for

their industry sector(s) in Oklahoma and how

these additional reductions might meet any transport

obligations. EPA understands that Oklahoma’s EGU

sector may have recently switched to a market

based dispatch system and it may help to explore

if this will result in changes in NOx emissions in the

future compared to the EPA’s projections.

32a

Appendix A

RESPONSE: These comments are addressed on

page 14.

8. COMMENT:

Section 4.7 EPA Modeling Data

Finally, EPA notes that the EPA’s analysis does

indicate impacts from Oklahoma emissions on DFW

and Allegan monitors. Because of these potential

impacts, Oklahoma may wish to consider proceeding

to step 3 of the transport framework and considering

whether there are reasonable controls that might be

implemented to assure the state meets the Clean Air

Act’s transport requirements.

RESPONSE: Oklahoma believes that the 2016

CSAPR Update is the only reasonable control

warranted based on Oklahoma’s limited contributions

to the DFW and Allegan County monitors.

33a

Appendix B

APPENDIX B — EXCERPTS

FROM UTAH STATE

IMPLEMENTATION PLAN: 2008 OZONE IT AND

2015 OZONE ISIP (EPA-R08-OAR-2022-0315-0007),

DATED JANUARY 24, 2020

State of Utah

Office of the Governor

Salt Lake City, Utah

84114-2220

Gary R. Herbert

Spencer J. Cox

Governor

Lieutenant Governor

January 24, 2020

Gregory Sopkin, Regional Administrator

US EPA Region 8

1595 Wynkoop Street

Denver, Colorado 80202-1129

Dear Mr. Sopkin,

On January 31, 2013, to meet the Clean Air Act (CAA)

2008 ozone National Ambient Air Quality Standard

(NAAQS), the State of Utah submitted State of Utah

110(a)(2) SIP Infrastructure Elements for Ozone to

the Environmental Protection Agency (EPA) for its

approval. Based on EPA Assistant Administrator Gina

McCarthy’s memorandum titled Next Steps for Pending

Redesignation Requests and State Implementation

Plan Actions Affected by the Recent Court Decision

Vacating the 2011 Cross-State Air Pollution Rule issued

on November 19, 2012, the Division of Air Quality did not

address the good neighbor obligation of Section 110(a)(2)

34a

Appendix B

(D)(i)(I), commonly referred to as Prong 2, in its January

2013 submission. On April 29, 2014, the U.S. Supreme

Court reversed a D.C. Circuit decision, holding that the

CAA clearly requires that States address Prong 2 of the

CAA within three years of any new or revised NAAQS

promulgation. In response, the EPA issued a memorandum

entitled Information on the Interstate Transport “Good

Neighbor” Provision/or the 2008 Ozone National Ambient

Air Quality Standard (NAAQS) under Clean Air Act

(CAA) Section 1100(a)(2)(D)(i) in January of 2015.

On December 22, 2015, Utah submitted a supplement

to address CAA Section 110(a)(2)(D)(i)(I) with respect to

the 2008 ozone NAAQS. Utah’s submittal was disapproved

on October 19, 2016, by the EPA with reasoning found at

81 FR 71991. To satisfy the requirements identified in

both the EPA’s January 2015 memorandum and 81 FR

71991, the DAQ has prepared a document enclosed for your

approval titled State of Utah 110(a)(2) SIP Infrastructure

Elements for Ozone.

On December 28, 2015, the EPA promulgated a

new eight-hour concentration NAAQS for ozone. As a

result, the Division of Air Quality is required to submit

an Infrastructure State Implementation Plan (ISIP) to

demonstrate that Utah can implement, maintain, and

enforce the new standard. The CAA requires states to

submit ISIPs with specific elements outlined in Section

110(a)(2). To meet the requirements outlined in 110(a)(2),

the State has prepared a document titled 2015 State

Implementation Plan Infrastructure Elements for Ozone

which is also enclosed for your approval.

35a

Appendix B

Supporting documentation for both ISIPs are being

submitted by the Utah Division of Air Quality. If you

have questions about this request, please call Bryce Bird,

Director of the Division of Air Quality, at (801) 536-4064.

Sincerely,

/s/ Gary R. Herbert

Gary R. Herbert

Governor

Enclosures

36a

Appendix B

***

SIP Section VIII: Prevention of Significant Deterioration

was established as required by the Clean Air Act and

applies to all air pollutants regulated under the CAA. SIP

Section VIII is codified in R307-110-9 and R307-405, and

EPA approved it most recently on July 15, 2011, in 76 FR

41712. On April 14, 2011, Utah DAQ submitted revisions

to R307-405 to incorporate the federal Tailoring Rule

provisions that were promulgated on June 3, 2010. EPA

has not yet acted upon this submittal. Utah amended

R307-405 on November 6, 2019, to comply with EPA’s

January 17, 20127 revisions to Appendix W.

Utah’s permitting rules require sources to install best

available control technology (BACT) for all pollutants,

including ozone precursors.

Section 110(a)(2)(D)(i)(I): Interstate Transport

Provisions— Contribution to Nonattainment or

Maintenance

Requirement Summary

“Each such plan shall—contain adequate provisions:

(i) prohibiting, consistent with the provisions of this

subchapter, any source or other type of emissions activity

within the state from emitting any air pollutant in

amounts which will—

(I) contribute significantly to nonattainment in,

or interfere with maintenance by, any other state with

37a

Appendix B

respect to any such national primary or secondary

ambient air quality standard

Utah’s Infrastructure

Overview

Utah has authority required to revise its Infrastructure

SIP in accordance with CAA 110(a)(2)(H). This SIP

revision employs a weight-of-evidence approach to

demonstrate that emissions from the State of Utah do not

contribute to nonattainment or interfere with maintenance

of the 2015 8-hour ozone NAAQS in any other state.

EPA Modeling

The EPA began implementing the Cross-State Air

Pollution Rule (CSAPR) on January 1, 2015 to address

the interstate transport of nitrogen oxides (NO x) and

sulfur dioxide (SO2) between certain eastern states by

imposing limits on NOx and SO2 produced in those states.

Upwind states must control any NOx or SO2 emissions

that interfere with a downwind state’s agbility to attain

or maintain compliance with the NAAQS for PM 2.5 and

ozone. An upwind state is greater than 1% of the Ozone

NAAQS. The EPA finalized the CSAPR Update (Update)

on October 26, 2016, which affected 22 eastern states.

The Update also defined the western U.S. (or the West)

as consisting of 11 states, including Utah. The Update

noted that “the EPA is not addressing interstate emission

transport in this action for the 11 western contiguous

United States” and that “the EPA and western states,

38a

Appendix B

working together, are continuing to evaluate interstate

transport obligations on a case-by-case basis.”1

Following the Update, the EPA issued a Notice of Data

Availability (NODA) on January 7, 2017, for preliminary

interstate ozone transport modeling data and methods

for the 2015 ozone NAAQS. 2 The EPA stated the data was

issued to assist states with developing Infrastructure SIPs

to address the “good neighbor” requirements of the CAA.

The October 2017 NODA provided projected ozone values

for the 2023 analytic year and used base-year emissions

for 2011. The EPA then issued a memo on March 27, 2018,

that provided an update to the contribution modeling

in the January NODA. 3 Additionally, the March memo

listed potential flexibilities in analytical approaches for

developing a good neighbor SIP for each step of the fourstep transport framework.

The contribution modeling conducted for the CSAPR used

the Comprehensive Air Quality Model with Extensions

(CAMx) to run photochemical grid modeling simulations.4

1. Cross-State Air Pollution Rule Update for the 2008 Ozone

NAAQS. Final Rule. 81 Fed. Reg. 74523

2. 82 Fed. Reg. 1734.

3 . In for mat ion on t he Int er st at e T r a nsp or t St at e

Implementation Plan Submissions for the 2015 Ozone National

Ambient Air Quality Standards Under Clean Air Act Section

110(a)(2)(D)(i)(I). March 27, 2018.

4. Air Quality Modeling Technical Support Document for

the Final Cross State Air Pollution Rule Update, August 2016.

39a

Appendix B

The model used a 2011 modeling platform to project

ozone concentrations at individual monitoring sites for

the future year 2023. In the CSAPR rulemaking, the

EPA established a 1% threshold to determine, for eastern

states, whether an upwind state contributes significantly

to a downwind state’s receptor. 5 The modeling also

included contributions from western states and showed

that emissions from Utah would contribute more than

one percent of the 2015 ozone NAAQS to some monitors

in Colorado. However, in the CSAPR Update, the EPA

recognized that it was not appropriate to extend CSAPR

to western states without first considering important

“geographically specific factors.” States in the western

region thus appropriately continue to use a “weight-ofevidence” approach to demonstrate that air pollution

transport is addressed in accord with the Clean Air Act.6

Four-step Analysis

In the March 2018 Memorandum, the EPA adapted the

CSAPR four-step analysis framework for identifying

linkages between states not covered by the CSAPR. The

four steps are:

1. Identify downwind air quality problems;

5. Cross-State Air Pollution Rule Update for the 2008 Ozone

NAAQS. Proposed Rule. 80 Fed. Reg. 75714.

6. Pa r tial Approval and Pa r tial Disapproval of A i r

Quality State Implementation Plans; Arizona; Infrastructure

Requirements to Address Interstate Transport for the 2008 Ozone

NAAQS. Proposed Rule. 81 Fed. Reg. 15200, 15204.

40a

Appendix B

2. Identify upwind states that contribute enough to

those downwind air quality problems to warrant

further review and analysis;

3. Identifying the emissions reductions necessary

to prevent an identified upwind state from

contributing significantly to those downwind air

quality problems; and

4. Adopting permanent and enforceable measures

needed to achieve those emissions reductions.

Along with newly modeled contributions to downwind

receptor sites for the 2015 Ozone NAAQS, the March 2018

memo included a list of potential flexibilities in analytical

approaches for developing a good neighbor SIP.

DAQ identified the Denver Metro/North Front Range

nonattainment area (Denver NAA) as the only potential

area with air quality problems that could potentially be

affected by emissions from Utah. EPA’s modeling lists

five air quality monitors (See Table 1) within the Denver

NAA at which Utah contributes greater than 1% of the

2015 Ozone NAAQS. These receptors are discussed in

greater detail below.

In the preliminary list of potential flexibilities for step

1, EPA listed consideration of the downwind air quality

context, specifically assessing “the current and projected

local emission reductions and whether downwind areas

have considerd and/or used available mechanisms for

regulatory relief.” Considering the downwind air quality

41a

Appendix B

context in transport between western states, especially

with respect to emission reductions, is necessary because

of the nature of interstate transport in the West versus

the East. As the California Air Resources Board (CARB)

pointed out in its California Tranport Plan, receptors in the

West may primarily be impacted by local contributions.7

Therefore, it is reasonable in step 1 of this assessment to

considfer the current and projected emission reductions

in the Denver NAA.

Colorado’s Air Quality Control Commission recently

changed the oil and gas control requirements in Colorado’s

air quality regulations for compressors, pneumatic pumps,

equipment leaks, and fugitive emissions in the Denver

NAA. 8 Specific changes include requiring leak detection

and repair (LDAR) inspections at some compressor

stations, 95% emission reductions at some compressors

and pneumatic pumps, changes to inspection frequency,

and applicability clarifications. The changes strengthen

Colorado’s air regulations in the Denver NAA. However,

only two of the changes apply statewide: one change that

clarifies the definition of “venting” statewide, and the

7. The California Transport Plan states that “[i]n the West,

local contributions dominate contributions from other sources by

a factor of 8:1. In contrast, what is seen in the East is that local

contributions show a much lower impact resulting in a factor

of 1:2. This is an indication of a major difference between the

contributions that interstate transport makes to the local ozone

problem in the two areas of the country.” p. D-3.

8. Colorado Air Quality Control Commission’s 2017 Revisions

to Regulation Number 7—Oil and Gas Emissions Fact Sheet.

December 20, 2017.

42a

Appendix B

other that adds new recordkeeping elements in the LDAR

provisions of Regulationj Number 7. EPA’s HYSPLIT

analyses in the accompanhying technical support

documenht of Colorado’s ozone I-SIP approgal shows that

many of the emissions at the violating monitors originate

from in-state areas outside of the Denver NAA.9 Colorado

continues to evaluate local methods of control.

The identification of the Denver NAA satisfies step 1 of

the four-step process to identify downwind air quality

problems. To satisfy step 2, DAQ will use a weight-ofevidence analysis to show that emissions from Utah are

not contributing to nonattainment or interfering with

maintenance in the Denver NAA.

Weight-of-Evidence Analysis

The EPA recognizes a weight-of-evidence approach as

a valid method for western states to use to determine

interference. The EPA used a weight-of-evidence approach

in its assessment for Arizona’s Infrastructure SIP,

and approved prong’s 1 and 2 of Arizona’s 2008 Ozone

Infrastructure SIP on May 6, 2016, despite the state’s one

percent modeled contribution to receptors in California.10

9. COLOR A DO: Denver Met ro/ Nor th Front Range

Nonattainment Area Final Area Designations for the 2015 Ozone

National Ambient Air Quality Standards Technical Support

Document (TSD). Docket ID: EPA-HQ-OAR-2017-0548-0069.

10. Partial Approval and Partial Disapproval of A ir

Quality State Implementation Plans; Arizona; Infrastructure

Requirements to Address Interstate Transport for the 2008 Ozone

NAAQS. Final Rule. 81 Fed. Reg. 31513.

43a

Appendix B

Where Arizona does contribute over one percent of the

NAAQS to a projected downwind receptor in California

the EPA found, based on the overall weight-of-evidence,

that those receptors are not significantly impacted by

transported ozone from upwind states.

The EPA has also approved California’s transport SIP for

the 2008 ozone NAAQS, which uses a weight-of-evidence

approach for its demonstration.11 In the action, EPA found

that the plan met the requirements of CAA 110(a)(2)(D)

(i)(I) for the 2008 ozone NAAQS because California’s

emission control program adequately addressed the

transport requirement. As part of step two, DAQ will use

the weight-of-evidence approach to demonstrate that Utah

does not contribute enough to Colorado’s nonattainment

area to warrant further review and analysis.

Modeled Contributions

According to the modeling in EPA’s 2018 Memorandum,

DAQ has identified three nonattainment receptor sites

and two maintenance receptor sites in Colorado that

are within the samje Denver Metro/North Front Range

Nonattainment Area. Data from EPA’s March 27, 2018

memorandum and updated CSAPR modeling, shown

in Error! Reference source not found., identifies the

receptors in Colorado where Utah contributes more

than 1 percent of the 2015 Ozone NAAQS. The highest

contribution at any one receptor site is 1.23 ppb. Therefore,

11. Approval and Promulgation of A ir Quality State

Implementation Plans; California; Interstate Transpor t

Requirements for Ozone, Fine Particulate Matter, and Sulfur

Dioxide. Final Rule. 83 FR 65093

44a

Appendix B

Utah’s analysis below is meant to address both the prong

1 (significant contribution to nonattainment) and prong 2

(interference with maintenance) requirements of section

110(a)(2)(D)(i)(I).

2023

2023

Base

Base

Case

UT

Case

Maxi- Modeled

Average mum ContriMonitor

Design Design bution

ID

State County Value Value (ppb)

Nonattainment Receptors

80690011 CO Larimer

71.2

73

1.05

80350004 CO Douglas

71.1

73.2

1.08

80590006 CO Jefferson

71.3

73.7

0.83

Maintenance Receptors

80050002 CO Arapahoe 69.3

71.3

1.23

80590011 CO Jefferson

70.9

73.9

1.04

Table 1: Nonattainment and Maintenance receptors

identified in the Updated CSAPR Modeling

In EPA’s March 2018 Memorandum they pointed to states

whose contributions were greater than one percent of

the NAAQS as a threshold for establishing a “link” to

a receptor site. In a subsequent memo from EPA dated

August 31, 201812 , they analyzed, and found appropriate,

12. Analysis of Contribution Thresholds for Use in Clean

Air Act Section 110(a)(2)(D)(i)(I) Interstate Transport State

Implementation Plan Submissions for the 2015 Ozone National

Ambient Air Quality Standards.

45a

Appendix B

the use of different contribution thresholds. In the memo

EPA recommended that some states may use a 1.0 ppb

threshold for establishing a “link” to a receptor site if

the 1 ppb threshold captures a large percentage of the

total upwind contribution as compared to a one percent

threshold. There are five receptor sites in Colorado, shown

in Table 2, where Utah contributes more than 1 percent

of the 2015 NAAQS. All five of the sites are within the

same Denver NAA. The total upwind contribution across

these four sites is 32.29 ppb. When summed across all

four receptors a one percent threshold captures 60%

of the upwind contribution. A 1 ppb threshold captures

47% of the upwind contribution. Individually, two of the

receptor sites capture the same contribution at both one

percent and 1 ppb. Because the capture rate at 1 ppb and

1% are comparable, Utah finds that a one ppb threshold

is appropriate. Utah is then linked to four of the five

receptors in Table 1. Though DAQ uses the 1 ppb threshold

for this analysis, it will still evaluate contributions at the

fifth receptor to make a more complete assessment of the

modeled results.

Table 2: Comparison of contribution thresholds at receptor sites in Colorado

Sum of

Percent

Upwind

Sum of of Upwind Percent

ContriUpwind Contribu- of Upwind

bution

Contrition Cap- ContribuTotal Up- Captured

bution

tured us- tion Capwind State with 0.70 Captured ing a 0.70 tured usContribu- ppb (1%) with 1 ppb ppb (1%) ing a 1 ppb

Site

State County tion (ppb) Threshold Threshold Threshold Threshold

80050002 CO Arapahoe

5.98

3.47

3.47

58.00%

58.00%

80350004 CO

Douglas

5.94

3.35

3.35

56.40%

56.40%

80590006 CO Jefferson

7.06

4.68

2.34

66.30%

33.10%

80590011 CO Jefferson

6.98

4.51

3.57

64.60%

51.10%

80690011 CO Larimer

6.33

3.48

2.6

55.00%

41.10%

46a

Appendix B

47a

Appendix B

In EPA’s proposed approval of prongs 1 and 2 of Arizona’s

ozone transport I-SIP for the 2008 ozone NAAQS, it stated

that a factor it considers in making a weight-of-evidence

determination “is the magnitude of ozone attributable to

transport from all upwind states collectively contributing

to the air quality problem.”13 EPA considered the total

contributions from all states that contributed to the

same receptors linked to Arizona, and concluded that

upwind state contributions were negligible “particularly

when compared to the relatively large contributions from

upwind states in the East.” EPA’s modeling update in

March 27, 2018, illustrates this disparity between upwind

contributions from states in the East versus the West. For

example, the modeling shows that upwind contributions

for one site in Connecticut were 44.24 ppb, 12 times as

much as the in-state contributions of 3.71 ppb.14 A site

in New York shows upwind contributions (30.68 ppb) are

more than double the in-state contributions (13.55 ppb).15

13. 81 Fed. Reg. 15203.

14. Site ID 90019003 in Connecticut.

15. Site ID 360810124 in New York.

2023 Average

DV (ppb)

69.3

71.1

71.3

70.9

71.2

In-State

Upwind State

Contribution Contribution

(ppb)

(ppb)

22.94

5.98

24.71

5.94

25.52

7.06

24.72

6.98

21.74

6.33

Table 3: Comparison of in-state contributions to upwind state contributions

Site

State County

80050002 CO Arapahoe

80350004 CO

Douglas

80590006 CO Jefferson

80590011 CO

Jefferson

80690011 CO

Larimer

2023

Maximum

DV (ppb)

71.3

73.2

73.7

73.9

73

48a

Appendix B

49a

Appendix B

In the West, however, in-state contributions are much more

significant, while upwind contributions are much smaller.

The highest collective contribution from upwind states to

any of the five previously listed receptors in Colorado (Site

80590006) is 7.06 ppb, while in-state contributions for the

same receptor are 25.52 ppb. Table 3 shows the same case

for the other Colorado sites. Because of the difference

in magnitude between Colorado’s in-state contributions

and Utah’s modeled contributions to the five identified

receptors, Utah considers its contributions negligible.

Non-Anthropogenic and International Emissions

Consideration of non-anthropogenic and international

contributions is identified as a flexibility under Step 3 in

EPA’s March memo. Attachment C of that memo contains

modeled contributions for Canada/Mexico, offshore, fire,

biogenic, and initial/boundary conditions. While this

flexibility is intended for step 3, it is still worth addressing

here to illustrate the magnitude of these emissions

compared to those modeled as coming from Utah. Table

4 shows the uncontrollable emissions from Canada/

Mexico, Offshore, Fire, and Biogenic emissions and the

Initial/Boundary Conditions at each modeled receptor in

the Denver NAA comprise over 50 percent of emissions

at those sites. Ozone precursors from biogenics alone

contribute 4.19 to 5.71 ppb to the Colorado receptors. By

comparison, Utah’s contribution ranges from 0.83 to 1.23

ppb, or approximately one-quarter the contribution of

biogenics.

Table 4: Contributions from Canada/Mexico, Offshore, Fire, and Biogenic emissions

and the Initial/Boundary Conditions to Colorado receptor sites

* Includes contributions from Canada/Mexico, Offshore, Fire, and Biogenic sources

NonInitial

Total

U.S./Non

and

Uncon2023 Max- Anthro- Boundary trollable Percent

imum DV pogenic* Condi- Contribu- of MaxiSite

State County

(ppb)

(ppb)

tions

tion (ppb) mum DV

80050002 CO Arapahoe

71.3

5.39

34.84

40.23

56%

80350004 CO

Douglas

73.2

5.53

34.74

40.27

55%

80590006 CO Jefferson

73.7

7.13

31.41

38.54

52%

80590011 CO Jefferson

73.9

6.05

32.96

39.01

53%

80690011 CO

Larimer

73

8.42

34.54

42.96

59%

50a

Appendix B

51a

Appendix B

Consider ing the deg rees to which in-state, nonanthropogenic, and international emissions contribute

to each of the previously listed receptors, the DAQ

determines that it is unnecessary to consider step 3 in

this analysis, which involves identifying the emissions

reductions necessary to prevent contributions to

downwind air quality problems.

Emissions Reductions from Existing Regulations

EWPA’s contribution modeling for interstate ozone

transport relied on a 2011 base emission year Since

2011, Utah’s emissions have decreased significantly. This

decrease in emissions is a result of permitting actions

and regulatory requirements. Based on DAQ’s statewide

inventories Volatile Organic Compounds (VOCs) were

reduced by 30% (59,353 tpy) and NOx was reduced by 37%

(88,973 tpy) between 2011 and 2017. While Utah is unable

to require controls for mobile sources, it is expected that

regulations such as the Tier 3 Vehicle Emissions and

Fuel Standards will reduce emissions from these sources

nationally. DAQ expects additional reductions beyond 2017

as adopted air quality rules listed below become fully

implemented by the sources.

As part of a SIP for the Salt Lake City, UT PM 2.5

Nonattainment area, the Utah Air Quality Board amended

numerous area source rules to comply with Best Available

Control Technology (BACT) requirements. Three of the

rules apply statewide. The rules and their subsequent

emissions reductions by 2020 are shown in Table 3.

Overall, the emissions reductions from these rules are

projected to be 1,440 tons/year of NOx and 5,624 tons/

year of VOCs by 2020.

52a

Appendix B

Rule

Number

R307208*

R307221*

R307230*

R307302

R307303

R307304 &

R307335

R307342

Rule Name

Utah Air

Quality

Board

Final

Adoption

Date

Emissions

Reduced in

Pounds Per Day

(lb/day) by 2020

NOx

VOC

Outdoor Wood

10-AprBoilers

2013

5.8

186

Emission

Standard:

Emission Controls for Existing

Municipal Solid

8-FebWaste Landfills

2008

0

299.37

NOx Emission

Limits for

Natural GasFired Water

Heaters

3-Aug-2017 1,632.52

0

Solid Fuel

Burning Devices 1-Feb-2017 1,327.61 10,311.50

Commercial

15-DecCooking

2015

0

54.29

Industrial

6-Dec-2017

Solvent Use and & 29-OctDegreasing

2017

Adhesive and

Sealants

1-Dec-2014

0

1,527.89

0

1,533.71

53a

Appendix B

R307343

R307344

R307345

Emissions Standards for Wood

Furniture Manufacturing Operations

6-Dec-2017

Paper, Film &

Foil Coating

6-Dec-2017

Fabric & Vinyl

Coating

6-Dec-2017

R307346

Metal Furniture

Surface Coating 6-Dec-2017

R307347

R307348

R307349

Large Appliance

Surface Coating 6-Dec-2017

Magnet Wire

Coating

6-Dec-2017

Flat Wood Panel

Coating

6-Dec-2017

Miscellaneous

Metal Parts &

Products Coating

6-Dec-2017

R307350

R307351

R307352

R307353

0

910.88

0

147.62

0

442.96

0

249.51

0

0.69

0

22.18

0

17.15

0

411.43

Graphic Arts

6-Dec-2017

0

1,062.39

Metal Containers, Closure &

Coil Coating

Plastic Parts

Coating

6-Dec-2017

0

125

6-Dec-2017

0

222.41

54a

Appendix B

R307354

R307355

R307356

R307357

R307361

Auto body

refinishing

6-Dec-2017

0

1,817.76

Control of

Emissions from

Aerospace

Manufacture

& Rework

8-MarFacilities

2018

0

43.13

Appliance Pilot

Light

1-Jan-2013 4,926.20 361.78

Consumer

8-MayProducts

2014

0

4,625.34

Architectural

31-OctCoatings

2013

0

6,441.84

Total Emissions Reduced:

(lb/day) 7,892.10 30,814.80

* Rule applies statewide

Table 5: Area source rules approved by the Utah Air

Quality Board

On April 28, 2017, the EPA Administrator signed a final

action to reclassify the Salt Lake PM2.5 nonattainment

area from Moderate to Serious for the 2006 24-hour PM2.5

NAAQS. As required, the Utah Division of Air Quality

completed a BACT analysis for point source emissions.

Sources that emit 70 tons per year (tpy) or more of PM2.5

or any PM2.5 precursors—nitrogen oxides (NOx), volatile

organic compounds (VOCs), sulfur dioxide (SO2), and

ammonia—were subject to BACT. In addition, sources

that met or exceeded the 70 tpy threshold for a single

55a

Appendix B

precursor were reclassified as major sources subject to

Title V permit regulations. Under the Serious Area SIP

requirements, point sources underwent an updated review

of control techniques to ensure all controls met BACT.

DAQ identified best available controls to limit emissions of

direct PM2.5, NOx, SO2 and VOCs, and drafted new permit

limits based upon those controls and control techniques.

DAQ identified 26 stationary point sources that met or

meet the threshold of 70 tons or more per year for PM2.5

or any precursor. The actual emission limits and operating

procedures that reflect the implementation of BACM/

BACT are included Utah’s SIP Subsection IX. Part H,

11 & 12, which is made enforceable via incorporation into

the Utah Air Quality Rules in R307-110-17. The Utah Air

Quality Board adopted this SIP section and rule January

2, 2019.

Eight rules related to oil and gas sources were approved

by the Utah Air Quality Board in 2018 and 2019. The

purpose of these rules was to increase compliance with

existing BACT standards in the State. Under Utah’s

previous rules, compliance officers were unable to inspect

oil and gas sources unless they had a permit. A change

to permit-by-rule (PBR) regulations required all oil

and gas facilities, regardless of size, to register with

the state. Facilities emitting more than five tons of any

criteria pollutant must comply with BACT requirements.

Some rules, such as R307- 504, are a requirement for

all operations. Inspections have increased by 46% since

approval of the PBR regulations. Leaks are detected at

approximately 70% of the inspected sites. Of the leaks

56a

Appendix B

detected, 95% are repaired within 15 days. The increased

inspection and compliance has decreased NOx and VOC

emissions from oil and gas sources. While the rules are

not currently incorporated into Utah’s SIP, they will be

incorported into a SIP and submitted to EPA by spring

2020. The rules, and their effective dates, are shown in

Table 5.

Rule Number

R307-504

R307-505

R307-506

R307-507

R307-508

R307-509

R307-510

R307-511

Rule Name

Tank Truck

Loading

(amended to add

controls for tank

truck loading)

Registration

Requirements

(new rule)

Storage Vessel

(new rule)

Dehydrators

(new rule)

VOC Control

Devices (new

rule)

Leak Detection

and Repair

Requirements

Natural

Gas Engine

Requirements

Associated Gas

Flaring

Effective Date

March 1, 2109

March 1, 2109

March 1, 2109

March 1, 2109

March 1, 2109

March 1, 2109

March 1, 2109

March 5, 2109

57a

Appendix B

Table 6: Oil and Gas Sector Rules to reduce NOx and

VOC emissions

Requiring additional emissions reductions under steps

three and four of the 4-step analysis framework is not

necessary because of emissions reductions already

achieved since the 2011 base year and anticipated future

reductions.

Assessment

The evidence presented above demonstrates that

interstate transport I-SIP for the 2015 8-hour ozone

NAAQS contains provisions that meet the requirements of

CAA section 110(a)(2)(D)(i)(I). The combined information

contained in this weight-of-evidence analysis shows that

emissions from Utah do not contribute to nonattainment

or interfere with maintenance of the 2015 8-hour ozone

NAAQS in the Denver NAA in Colorado. NOx and VOC

emissions have decreased in Utah since 2011 through a

combination of regulatory and permitting actions. The

EPA’s modeling also shows that contributions from Utah

are not significant when considering the total emission

contributions from all upwind states and the contributions

from within the state of Colorado. These pieces of evidence

demonstrate that Utah

nor contributing

to the interference of maintenance of the NAAQS in

downwind states.

58a

Appendix C SUBMITTED BY

APPENDIX C — COMMENT

UTAH DEPARTMENT OF ENVIRONMENTAL

QUALITY (EPA-R08-OAR-2022-0315-0011),

DATED JULY 25, 2022

STATE OF UTAH

Spencer J. Cox

Governor

Deidre Henderson

Lieutenant Governor

July 22, 2022

Department of

Environmental Quality

K imberly D. Shelley

Executive Director

Division of A ir Quality

Bryce C. Bird

Director

DAQP-065-22

Kathleen Becker, Administrator

U.S. Environmental Protection Agency

EPA Docket Center, OAR,

Docket EPA-R08-OAR-2022-0315

Mail Code 28221T, 1200 Pennsylvania Avenue NW

Washington, DC 20460

[submitted electronically through www.regulations.gov]

Re: Docket ID No. EPA-R08-OAR-2022-0315, Air Plan

Disapproval; Utah; Interstate Transport of Air

Pollution for the 2015 8-Hour Ozone National Ambient

Air Quality Standard

Dear Administrator Becker,

Thank you for considering comments from the Utah

Division of Air Quality (UDAQ) regarding the proposed

59a

Appendix C

disapproval of Utah’s 2015 ozone standard interstate

transport State Implementation Plan (SIP). The UDAQ

appreciates the opportunity to provide specific comments

on the significant proposed action of disapproving

Utah’s SIP revision. On June 22, 2022, UDAQ submitted

comments on EPA’s proposed Federal Implementation

Plan (FIP) Addressing Regional Ozone Transport for the

2015 National Ambient Air Quality Standard (NAAQS)

(EPA-HQ-OAR-2021-0668).1 Given the link between these

two proposed actions, our comments here are similar in

nature. As requested in our comments on the proposed

FIP, given the overlapping time periods for public

commenting on both actions coupled with the technical

complexity of each, Utah requests a 60-day extension

to the current comment period, allowing the state until

September 23, 2022, to provide further analysis and

comments.

The UDAQ disagrees with EPA’s disapproval of the SIP

for the following reasons. First, through coordination

with EPA Region 8, UDAQ developed and submitted

what the agency thought to be a fully approvable SIP that

met EPA’s guidance and requirements at the time. The

EPA’s change of position at these late stages of the SIP

process wastes the state’s resources and time devoted to

this rulemaking. Second, the proposed disapproval relies

heavily on modeling results that were unavailable to the

state during the development of the SIP. Third, UDAQ

thinks that EPA's proposed rule to disapprove Utah's

1. Comment submitted by Utah Department of Environmental

Quality (UDAQ); June 22, 2022. DAQP-055-22, EPA docket ID

number EPA-HQ-OAR-2021-0668-0436.

60a

Appendix C

SIP is not rooted in the technically accurate analysis but

instead is motivated by the desire to include Utah in the

proposed interstate transport FIP. Fourth, UDAQ thinks

that the modeling and logic justifying Utah’s inclusion

in the proposed FIP are flawed. Lastly, we note regionspecific challenges in regulating ozone pollution, which

underscore a need for stronger cooperation between Utah

and EPA.

EPA’s Proposed Disapproval Goes Against the

Principles of Cooperative Federalism

Prior to this proposed disapproval, UDAQ was successful

in implementing the requirements of the Clean Air Act

(CAA) by working closely with our co-regulatory partners

at EPA’s Region 8 office, as envisioned by the principles

of cooperative federalism. This close working relationship

directly contributed to significant recent achievements

including reducing ambient PM 2.5 concentrations and

allowing all three of Utah’s PM 2.5 nonattainment areas

to reach attainment by the attainment date for the

current NAAQS. As the state regulatory agency, UDAQ

understands the nuances of our airsheds and the people’s

priorities, and can create state implementation plans that

are best for Utah. The benefit of cooperative federalism is

having the autonomy to do what’s best for the state, but

do so in partnership with EPA to ensure that the CAA

intent and requirements are met.

In this same spirit, UDAQ engaged early and often with

our counterparts at Region 8 in the development of our

interstate transport SIP. Through this collaboration and

61a

Appendix C

EPA’s guidance2 , Utah selected the alternative threshold

of 1 ppb. As noted in the guidance, the use of an alternative

threshold provides greater flexibility to states while SIPs

are developed. 3 Specifically, the guidance states that “a

threshold of 1 ppb may be appropriate for states to use

to develop SIP revisions addressing the good neighbor

provision for the 2015 ozone NAAQS”, since “the amount of

upwind collective contribution captured with the 1 percent

and 1 ppb threshold is generally comparable overall.”4

Thus, UDAQ was surprised when EPA proposed to include

Utah in the proposed FIP, and subsequently disapproved

the state’s SIP based in large part on the selection of the

1 ppb over the 1% of the NAAQS threshold. If the 1 ppb

threshold was in fact inappropriate for the development

of this SIP, EPA should have communicated that view to

UDAQ during the early engagement and development

process or during the state’s public comment period.

Additionally, EPA released no new guidance directing

states to use a 1% threshold either prior to or after SIP

submittal deadlines.

The EPA’s decision to change the acceptable criteria after

the development and submission of SIPs, and to do so

with no additional guidance, puts states in the difficult

2. Memorandum: Analysis of Contribution Thresholds

for Use in Clean Air Act Section 110(a)(2)(D)(i)(I) Interstate

Transport State Implementation Plan Submissions for the 2015

Ozone National Ambient Air Quality Standards (Contribution

Thresholds Memo). August 31, 2018.

3. See id. at 2.

4. Id. at 4.

62a

Appendix C

position of trying to plan with a moving set of criteria.

This whipsaw approach inevitably results in wasted state

time and resources. It has become apparent to UDAQ that

working closely with our EPA region has no bearing on the

outcome of some of EPA’s final regulatory actions and is

inconsistent with principles of cooperative federalism. As

mentioned in Utah’s FIP comments, UDAQ respectfully

requests EPA to consider ways to align its agency more

efficiently so that the policy priorities of the current

administration better align with the implementation and

timing of CAA requirements at the regional and state

level.

EPA’s Proposed Disapproval Relies on the Modeling

Results That Were Unavailable During the SIP

Development

The EPA indicates that its proposed decision to disapprove

Utah’s SIP relies heavily on using the updated modeling

platform 2016v2. The EPA explains that “by using the

updated modeling results, the EPA is using the most

current and technically appropriate information for

this proposed rulemaking.”5 However, as EPA knows,

these results were not available to the states during the

development and submittal of the interstate transport

SIPs. Because SIP planning is a lengthy process, it

is unacceptable for EPA to use modeling results for

their rulemaking that were developed after state SIP

preparation. As with all planning, SIP revisions are a

representation of the best available data and modeling

5. 87 Fed. Reg. 31,470, 31,472 (May 24, 2022).

63a

Appendix C

at that time. Using results from a modeling effort that

post-dated the states’ SIP development period is an

additional example of EPA changing expectations without

issuing appropriate and timely guidance. By relying

on modeling results not available during the time of

state SIP development, EPA is setting a precedent that

creates significant uncertainty for any planning effort,

further eroding the trust required for effective state and

federal cooperation. This is clearly inconsistent with the

cooperative federalism structure of the CAA.

EPA’s Proposed Disapproval is Motivated by the Desire

to Include Utah in the FIP

Upon review, UDAQ finds the timing and sequence of

the proposed actions in question to be highly irregular

compared to a traditional rulemaking process. The fact

that EPA proposed to include Utah in the broad and highly

impactful FIP prior to issuing proposed disapproval of

the state’s SIP is unusual. This may suggest that EPA’s

proposed SIP disapproval aims to regulate a select set

of point sources by including Utah in the proposed FIP.

EPA’s Inclusion of Utah in the FIP Relies on Flawed

Logic

As noted above and outlined in our comments related

to the proposed FIP, UDAQ believes that the proposed

disapproval of Utah’s SIP is an effort to fulfill an agenda

outside of the original intent of the interstate transport

provisions of the CAA. Specifically, the intent is to force

Utah’s inclusion in the FIP to target emission reductions

64a

Appendix C

from fossil fuel-fired electric generating units (EGUs)

located in the state. The UDAQ has provided extensive

comments on the substantial limitations and problems

with the modeling used to justify the inclusion of Utah in

the proposed FIP. These limitations are significant and

include inappropriate modeling resolution, inadequate

modeling of atmospheric transport, significant negative

modeling bias, and a likely misrepresentation of the

atmospheric chemical regime as a result of issues with

the inventories used.

Beyond these limitations, EPA concedes that the estimates

for air quality impacts for emission sources were conducted

using an inferior method, in direct conflict with EPA’s own

modeling guidance. As EPA states in its own technical

support document, “Air quality modeling would be the

optimal way to estimate the air quality impacts at each

cost threshold level from EGUs and non-EGUs emissions

reductions. However, due to time and resource limitations

EPA was unable to use photochemical air quality modeling

for all but a few emissions scenarios. Therefore, in order

to estimate the air quality impacts for the various levels

of emission reductions and to ensure that each step of its

analysis is informed by the evolving emissions data, EPA

used a simplified air quality assessment tool (AQAT).”6

Given that the modeling used as the justification for the

inclusion of Utah in the proposed FIP is not technically

6. Technical Support Document (TSD) for the proposed

Federal Implementation Plan Addressing Regional Ozone

Transport for the 2015 Ozone National Ambient Air Quality

Standard. Ozone Transport Policy Analysis. Docket ID No. EPAHQ-OAR-2021-0668.

65a

Appendix C

sound, EPA should have not included Utah in the FIP and

proposed to approve the state’s SIP instead.

Regionally-Specific Ozone Challenges

The UDAQ would also like to note the exceptional

challenges of reducing ozone in the Western United

States. States in the West face significant and regionallyspecific challenges in meeting ozone standards including

elevated natural background ozone levels,7 increasing

instances of wildfire, 8 significant biogenic contributions,9

as well as the influence of internationally transported

pollutants.10 Beyond these regionally-specific challenges, a

significant portion of the emissions of Oxides of Nitrogen

(NOx) in Utah comes from mobile sources, an area over

which the State has limited regulatory authority. These

combined regionally-specific challenges paired with the

fact that a substantial portion of emissions is under federal

7. Scientific Assessment of background ozone over the U.S.:

Implications for air quality management

8. Buchholz, R.R., Park, M., Worden, H.M. et al. New

seasonal pattern of pollution emerges from changing North

American wildfires. Nature Communications 13, 2043 (2022).

https://doi.org/10.1038/s41467-022-29623-8

9. EPA Webinar; Description and preliminary evaluation of

BELD 6 and BEIS 4. ORD. Jesse O. Bash and Jeff Vukovich

10. Entrainment of stratospheric air and Asian pollution by

the convective boundary layer in the southwestern U.S.; Langford,

A.O. et al. (2017), J. Geophysics. Res. Atmos., 122, 1312-1337,

doi:10.1002/2016JD025987

66a

Appendix C

jurisdiction make successful ozone reductions exceedingly

challenging, furthering the need for strong cooperative

federalism and active collaboration between our respective

agencies. The actions proposed by the EPA to deny

our SIP to fulfill a specific agenda undermine the trust

required for successful cooperative federalism, which only

serves to further complicate the shared goals of reducing

ozone concentrations and protecting public health.

Conclusion

For the reasons outlined in these comments, as well as

those submitted in opposition to the proposed FIP, EPA

is acting in error when proposing the disapproval of the

SIP and UDAQ requests that EPA reconsider this action.

In direct collaboration with Region 8, and using the best

available modeling results and guidance available at the

time, Utah developed and submitted a fully approvable SIP.

By relying on data and modeling results not available to

the states at the time of the SIP planning, and by changing

the acceptable thresholds without issuing guidance in a

timely manner, EPA is setting the wrong precedent. It

is the precedent of changing the acceptance criteria for

a SIP after the plans have been submitted in an effort

to fulfill an agenda not aligned with the original intent

of the interstate transport provisions of the CAA. The

UDAQ is committed to the development and enforcement

of SIPs that meet all of the CAA requirements based on

the best available data and guidance and is committed to

doing so in the spirit of cooperative federalism with our

federal partners. However, the actions proposed in this

67a

Appendix C

disapproval actively work to erode the trust, built over

years of cooperation, which is required to fulfill these

obligations and collaboratively protect public health.

Sincerely,

/s/

Bryce C. Bird

Director

68a

Appendix DFROM COMMENT

APPENDIX D — EXCERPTS

SUBMITTED BY PACIFICORP

(EPA-R08-OAR-2022-0315-0014),

DATED JULY 25, 2022

PacifiCorp

1407 W. North Temple, STE 110

Salt Lake City, UT 8416

July 25, 2022

ATTN: Adam Clark

Air and Radiation Division

EPA, Region 8

Mailcode 8ARD-IO

1595 Wynkoop Street

Denver, Colorado, 80202-1129

telephone number: (303) 312-7104

email address: clark.adam@epa.gov.

Re: PacifiCorp Public Comments on EPA’s Proposed

Disapproval of Utah’s Ozone Transport Ozone SIP;

Docket ID No. EPA-R08-OAR-2022-0315

Dear Mr. Clark:

PacifiCorp submits these public comments in opposition

to the U.S. Environmental Protection Agency’s (“EPA’s”)

proposed disapproval of Utah’s State Implementation

Plan for the Interstate Transport of Air Pollution for

the 2015 8-Hour Ozone National Ambient Air Quality

(“Utah Ozone Transport SIP” or “Utah SIP”). EPA’s

proposed disapproval was published on May 24, 2022, at

87 Federal Register 31,470, in an action entitled “Air Plan

Disapproval; Utah; Interstate Transport of Air Pollution

for the 2015 8-Hour Ozone National Ambient Air Quality

Standards” (“Proposed Disapproval”).

69a

Appendix D

PacifiCorp supports reasonable, effective and achievable

regulation that complements its ability to deliver affordable

electric service safely and reliably to customers and endusers. The Proposed Disapproval does not meet these

criteria—in large part because EPA was compelled to

take action via a settlement agreement after neglecting to

respond to a number of State Implementation Plans (“SIPs”)

for the interstate transport of ozone under the Clean Air

Act’s (“CAA”) good neighbor provisions. The relevant ozone

standard was finalized in 2015, and Utah submitted a plan to

address its good neighbor obligations based on information

provided by EPA; but EPA took no action on that plan

for over 28 months until the Proposed Disapproval. In

addition, EPA did not follow the chronology required in the

CAA because it first proposed a federal implementation

plan (“Proposed FIP” or “FIP”) that included Utah before

proposing, let alone finalizing, the Utah SIP disapproval

necessary to issue the FIP. EPA’s delay and flawed process

inextricably ties the FIP to this Proposed Disapproval

and forecloses any opportunity for Utah to respond with

appropriate data or clarifications. After delaying action

for so long, imposing the Proposed FIP through the

flawed Proposed Disapproval falls short of a reasoned

and balanced approach to interstate ozone transport and,

instead, creates a one-size-fits-all approach that threatens

electric reliability in the western United States.

*

*

*

70a

Appendix D

reductions are surplus and the control equipment

installations are not necessary to meet the CA A

requirements. The only remaining nonattainment receptor

in 2026 (the NREL receptor) is not significantly impacted

by Utah sources. Utah has a 0.90 parts per billion (“ppb”)

ozone contribution to the NREL receptor in 2026 and,

as discussed above, this contribution is not a statistically

significant contribution and should not be considered

significant. By taking the Colorado reductions and the

more appropriate and representative Colorado modeling

of the impacted monitors into account, there is further

support that Utah does not have a significant impact on

these monitors and Utah’s SIP should be approved.

EPA should follow its long-standing practice of recognizing

home-state emission reductions in determining up-wind

state impacts on their air quality monitors. EPA followed

that approach in its 2021 Revised CSAPR Update Rule

and should do so now.

c.

EPA acted contrary to its Threshold Guidance

and procedural due process in the Proposed

Disapproval.

EPA’s Threshold Guidance provided states a pathway to

use a 1 ppb threshold for significant impacts on downwind

monitors. Utah and almost every other state followed this

pathway, but EPA has now changed its mind and rejects

the very pathway it opened for all of these states for

“policy reasons”.43 Utah relied on the Threshold Guidance

43. See 87 FR at 31,478.

71a

Appendix D

to justify using the 1 ppb threshold at Step 2 as a basis to

assert that Utah would not be linked to some projected

downwind nonattainment or maintenance receptors

and that other linkages were not significant given other

EPA-suggested considerations. 44 See Sub-Section II.d

below. In the Proposed Disapproval, EPA insists that

only a 1 percent (“%”) threshold, or 0.7 ppb, can be

used. EPA explains it has moved on from the positions it

stated in the August 2018 Threshold Guidance, and EPA

ultimately applies the 1%threshold to justify the Proposed

Disapproval.45 EPA should allow use of the 1 ppb threshold.

EPA ignores a significant EPA study supporting use

of the 1 ppb threshold. Admittedly, EPA determined

the one-percent threshold was appropriate when it first

adopted the original CSAPR rule. This was based on 2011

modeling analysis that compared a 5% threshold, a 1%

threshold, and 1/2% threshold.46 Based on this modeling

analysis, EPA concluded that the upwind capture rates

under the 1% and 1/2% threshold options were similar,

indicating that little benefit would be achieved with the

lower threshold. EPA did find that raising the threshold

44. Id.

45. See e.g. 87 FR at 31,479 (“ . . . us[ing] a 1 percent of

NAAQS approach ensures that as the NAAQS are revised and

made more stringent, an appropriate increase in stringency at

Step 2 occurs.”); (“. . . . These data were examined to determine if

Utah contributes at or above the threshold of 1 percent of the 2015

8-hour ozone NAAQS (0.70 ppb) to any downwind nonattainment

or maintenance receptor.”).

46. 76 FR 48,208, 48,237 (August 8, 2011).

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Appendix D

to 5% would leave too many upwind states and emission

sources unregulated.

EPA conducted further analysis in 2018 when it issued

the Threshold Guidance that re-analyzed the minimum

threshold using a tighter range of options and more upto-date modeling techniques and data. 47 Specifically,

EPA evaluated the difference in capture rates between

the previous threshold of 0.7 ppb (1%), a threshold of 1

ppb, and a threshold of 2 ppb. Like the 2011 analysis,

EPA’s 2018 analysis again concluded that the difference

between the two lower options—0.7 ppb and 1 ppb—was

minimal, while the higher threshold of 2 ppb left too

many emissions unregulated. As a result, EPA considered

capture rates at the 0.7 ppb and 1 ppb thresholds to be

generally comparable, and thus concluded that “it may

be reasonable and appropriate for states to use a 1 ppb

contribution threshold, as an alternative to a 1 percent

threshold,” in addressing interstate transport under the

CAA good neighbor provision.48 Notably, a threshold of

1 ppb is just 1.4% of the ozone standard of 70 ppb, and

therefore would round down to 1%.

47. EPA Memorandum, Analysis of Contribution Thresholds

for Use in Clean Air Act Section 110(a)(2)(D)(i)(I) Interstate

Transport State Implementation Plan Submissions for the 2015

Ozone National Ambient Air Quality Standards (Aug. 31, 2018)

(“Threshold Guidance”).

48. Id. at 4.

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Appendix D

i.

The fact that EPA’s new 1 ppb interpretation

runs contrary to 49 states’ understanding

signals error.

In the Proposed Disapproval EPA states:

Following receipt and review of 49 good

neighbor SIP submittals for the 2015 8-hour

ozone NA AQS, the EPA’s experience has

been that nearly every state that attempted

to rely on a 1 ppb threshold did not provide

sufficient information and analysis to support

a determination that an alternative threshold

was reasonable or appropriate for that state.49

The fact that nearly every state got it wrong is more an

indication that EPA changed course without notice than

that the states are unable to read and interpret EPA

guidance. While technically retaining the Threshold

Guidance, EPA proposes to disapprove numerous state

submissions that relied on the guidance, including Utah’s

SIP, claiming that those states should have somehow

done more analysis than EPA required in the memo,

and asserting without explanation that consistency is

needed across the country. This is an about face for

EPA, which clarified in a previous ozone rulemaking that

western states should not be treated the same as other

areas of the country because the different geography,

meteorology, background ozone levels, wildfire impacts

and stratospheric ozone events in the West necessitated

49. 87 FR at 31,478.

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Appendix D

case-by-case treatment . 50 To justify its about face, EPA

now claims that the Threshold Guidance may only be

relied on, even for high altitude western states like Utah,

50. See, e.g., National Ambient Air Quality Standards

for Ozone, 80 FR 65,292, 65,300 (Oct. 26, 2015) (“observational

and modeling analyses have concluded that O3 concentrations

in some locations in the U.S. on some days can be substantially

influenced by sources that cannot be addressed by domestic

control measures. In particular, certain high-elevation sites in

the western U.S. are impacted by a combination of non-U.S.

sources like international transport, or natural sources such as

stratospheric O3, and O3 originating from wildfire emissions.”);

Memorandum from Stephen D. Page, Director, OAQPS, EPA,

“Information on Interstate Transport ‘Good Neighbor’ Provision

for the 2008 Ozone National Ambient Air Quality Standards

(NAAQS) under Clean Air Act (CAA) Section 110(a)(2)(D)(i)

(I)” (January 22, 2014), at 4 (recommending ozone transport in

western states should be evaluated on a case-by-case basis);

CARB, California Infrastructure State Implementation Plan

(SIP) Revision, at 15, January 19, 2016 (finding that in contrast

to the East, ozone transport in the West has a much smaller

proportion of local emissions and that the larger states and

complex terrain in the West make modeling less accurate and

helpful); Lin M, Fiore AM, Cooper OR, Horowitz LW, Langford

AO, Levy H, et al., “Springtime high surface ozone events over

the western United States: quantifying the role of stratospheric

intrusions,” J Geophys Res. 2012; 1 17:D00V22; Lefohn AS,

Wernli H, Shadwick D, Oltmans SJ, Shapiro M., Quantifying the

importance of stratospheric-tropospheric transport on surface

ozone concentrations at high- and low-elevation monitoring sites in

the United States. Atmos Environ. 2012;62:646-656; Lefohn AS,

Wernli H, Shadwick D, Limbach S, Oltmans SJ, Shapiro M., The

importance of stratospheric-tropospheric transport in affecting

surface ozone concentrations in the western and northern tier of

the United States. Atmos Environ. 2011;45:4845-4857.

75a

Appendix D

when a state meets its new, unannounced standards

by providing “a technically sound assessment of the

appropriateness of using this alternative threshold based

on the facts and circumstances underlying its application

in the particular SIP submission.”51 EPA’s new demand for

the states to provide a technical analysis to support the

use of the 1 ppb threshold identified in the August 2018

Threshold Guidance is inconsistent with EPA’s earlier

communications with Utah (and other states) and with

the stated purpose of the Threshold Guidance, which was

to “provide analytical information” and to allow states to

use that “information to make recommendations about

what thresholds may be appropriate for use” in SIPs. 52

EPA is essentially punishing Utah and almost all other

states for using the “recommendation” that EPA made in

the Threshold Guidance.

Like so many states, Utah used the 1 ppb threshold in its

Interstate Transport Ozone SIP. In fact, EPA commented

on Utah’s use of the 1 ppb threshold and recommended

that it rely on the Threshold Guidance to do so. In EPA’s

comments on Utah’s SIP during the state rulemaking

process, EPA instructed: “[g]iven that the draft analysis

makes use of the 1 ppb threshold, the EPA recommends

the state review the August 31, 2018 Memo and the

associated rationale for the use of this threshold.”53 Utah

51. 87 FR at 31,474.

52. August 2018 Threshold Guidance at 1.

53. See EPA Preliminary Comments on Utah’s Draft

2 015 Ozone In f ra st r uctu re Subm itt a l, at 2 , EPA-R0 8 OAR-2022-0314-003, found at regulations.gov.

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Appendix D

did just that, providing analysis in its SIP based on the

August 2018 Threshold Guidance and supporting the use

of the 1 ppb threshold with data and analysis. 54 Utah and

the numerous other states were not acting unreasonably

to rely on EPA’s Threshold Guidance, particularly when

EPA published the Threshold Guidance for that very

purpose during the very time states were drafting their

SIPs. EPA was aware of Utah’s reliance on the Threshold

Guidance, and provided direction to Utah supporting its

use of the Threshold Guidance.

Despite the fact that the Threshold Guidance was based

on the same principles as EPA’s 2011 analysis and was

improved through use of a tighter range of options and

more current data and modeling, EPA now all but disavows

it. 55 Moreover, EPA is proposing to disapprove of Utah’s

use of an alternative 1 ppb threshold in part due to EPA’s

determination that use of an alternative threshold “may

be impractical or otherwise inadvisable for a number

of additional policy reasons.” 56 Under the appliable

requirements of the CAA, changing policy reasons play

no part in authorizing EPA to disapprove a SIP.

Pacif iCorp asks EPA to reconsider its minimum

contribution threshold because EPA has not identified

54. See October 23, 2019, State of Utah 119(a)(2) SIP

In f ra st r uctu re Element s for Ozone , at 7- 8 , EPA-R0 8 OAR-2022-0314-007, found at regulations.gov.

55. See e.g., 87 FR at 31,478 (“The EPA views the 1 percent

of NAAQS threshold as the more appropriate threshold. . . .”).

56. See 87 FR at 31,478.

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Appendix D

any rational basis for preferring its older—and now

superseded—2011 analysis. The 2018 analysis is superior

and more appropriate for both identifying significant

contributions and avoiding the likelihood of over-control.

EPA should not disapprove Utah’s Interstate Transport

Ozone SIP based on an unfounded requirement to only

use the 1 percent threshold.

i.

EPA’s new “after-the-fact” standard on a 1

ppb threshold is arbitrary and capricious.

While EPA may claim some deference for its decisionmaking, it is not unlimited. EPA cannot act in a manner

that is inconsistent with the authorizing statute or that is

arbitrary and capricious. 57 The agency must “articulate

. . . a rational connection between the facts found and

the choice made.”58 Particularly applicable here, when

an agency’s “new policy rests upon factual findings that

contradict those which underlay its prior policy, or when

its prior policy has engendered serious reliance interests,”

the Administrative Procedure Act requires an agency to

provide “a more detailed justification” than it otherwise

would.59 Here, Utah and other states undoubtedly relied on

the Threshold Guidance and “engendered serious reliance

interests.” EPA acknowledges as much in the Proposed

57. See 5 U.S.C. 706(2)(A).

58. See Motor Vehicle Mfrs. Ass’n of U.S., Inc. v. State Farm

Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983).

59. See FCC v. Fox Television Stations, Inc., 556 U.S. 502,

515 (2009).

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Appendix D

Disapproval.60 EPA’s failure to acknowledge and account

for Utah’s “reliance interests” renders its Proposed

Disapproval both arbitrary and capricious.

ii.

EPA’s insistence on a 1 percent threshold is

not based on sound reasoning or science.

EPA engaged in robust statistical analysis in other

guidance that defined a Significant Impact Level (“SIL”)

for ozone to be used as part of the Prevention of Significant

Deterioration (“PSD”) permitting process (setting it at

1 ppb) (“SILs Memo”).61 The purpose of the SILs Memo

was to

*

*

*

60. See 87 FR at 31,472.

61. Guidance on Significant Impact Levels for Ozone and Fine

Particles in the Prevention of Significant Deterioration Permitting

Program. Memorandum from Peter Tsirigotis, Director, EPA

*

*

*

79a

Appendix D

BHE COMMENTS ON THE PROPOSED

INTERSTATE OZONE TRANSPORT RULE

EPA has presented the Proposed Rule as its best effort

to implement the good neighbor provision of the Clean

Air Act by adopting additional regulations to eliminate

upwind contributions to nonattainment and interference

with maintenance of the 2015 ozone standard in downwind

states. While BHE appreciates these efforts, BHE

believes that EPA’s Proposed Rule goes too far, too

fast, and imposes a program on western states that is

not designed for them. BHE has identified significant

concerns with the Proposed Rule and suggests potential

solutions that would remedy those concerns and lead to

a more reasonable, effective and achievable final rule

that addresses the interstate transport of ozone while

preserving the reliability of the bulk electric system

and delivering a just and orderly transition for affected

communities and western states.

I.

Western States Should Be Removed from the

Proposed Ozone Transport Rule.

EPA’s attempt to incorporate western states into the

Proposed Rule is a poor fit that is based on flawed

modeling. The compliance timeline in the Proposed Rule

severely limits compliance alternatives for affected EGUs,

especially in the West. Installation of selective catalytic

reduction (SCR) technology cannot be achieved at the

scale and timing required by the Proposed Rule. Further,

EPA has proposed restrictions and limitations on the NOX

allowance trading program that severely restrict, if not

80a

Appendix D

eliminate, market opportunities to achieve compliance.

Consequently, the Proposed Rule sets the stage for early

coal-unit retirements that will undermine the reliability

of the bulk electric system and adversely impact affected

coal communities as well as customers and electricity

consumers in the West.

After evaluating the Proposed Rule and its impacts on both

EGUs and non-EGUs, BHE has concluded that EPA’s basis

for including western states in the rule is inadequately

supported and that the costs and other negative impacts

of including these states will far outweigh the benefits

of pulling them into the proposal. The Proposed Rule

does not recognize the unique scientific considerations

underpinning ozone transport in the West. Nor does

it account for the significant uncertainty and learning

curve for sources in states that have not historically been

regulated under federal NOX allowance trading programs.

These sources must invest substantial time and effort to

prepare for compliance in only 11 months with a rule still

in its formative stage (and even less time than that once

the rule is finalized). Most importantly, BHE’s analysis

indicates that the stringency and timeline of the rule will

introduce catastrophic reliability risk in western states

where there are numerous affected sources that do not

currently have the kinds of controls EPA has deemed

cost-effective in its proposal. As a result, the Proposed

Rule lays out a path for potentially disastrous reliability

events for the West.

Finally, BHE is deeply concerned about applying the

pre-determined, one-size-fits-all CSAPR approach to

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Appendix D

western states given the administrative process EPA has

employed. By proposing denial of SIPs in the western

states where BHE operates affected EGUs (Nevada,

Wyoming, and Utah) only after issuing a FIP that includes

these states, EPA seems to signal that the outcome has

been pre-determined. BHE believes states are best

positioned to provide the right solutions to ozone transport

and encourages EPA to follow the CAA procedures for

states, not EPA, to act as the primary decision makers on

how best to achieve the good neighbor provisions of the

2015 ozone NAAQS.

A.

CSAPR is Not Well-Designed for Western

States.

CSAPR is a longstanding regulatory program designed

to address interstate ozone transport in eastern states.

Now, for the first time, EPA proposes to expand CSAPR

to four western states, with Nevada, Utah, and Wyoming

included in the EGU trading program for the first time.

While CSAPR has been a good fit for eastern states and

has accomplished reductions in the transport of ozone

to downwind states, there are a number of reasons that

it does not make sense for EPA to pull western states

into the CSAPR regulatory scheme. BHE urges EPA to

reconsider inclusion of these states in the Proposed Rule.

As EPA is aware, the scientific underpinnings of ozone

formation and transport in the West are fundamentally

different from the East. First, background levels of

ozone in the West are higher, in some cases just below the

current 2015 ozone NAAQS of 70 parts per million (ppm).

82a

Appendix D

Some background ozone is naturally occurring due to

nonanthropogenic sources of ozone precursors, including

wildfires and stratospheric ozone intrusion, while some

of it is directly attributable to international transport.

Furthermore, in mountainous areas of the West, ozone

formation is often attributable to, and exacerbated by,

geographical and meteorological conditions, rather than

the industrial source emissions targeted by EPA’s ozone

transport rule.1

1. See, e.g., National Ambient Air Quality Standards for

Ozone, 80 FR 65,292, 65,300 (Oct. 26, 2015) (“observational

and modeling analyses have concluded that O3 concentrations

in some locations in the U.S. on some days can be substantially

influenced by sources that cannot be addressed by domestic

control measures. In particular, certain high-elevation sites in

the western U.S. are impacted by a combination of non-U.S.

sources like international transport, or natural sources such as

stratospheric O3, and O3 originating from wildfire emissions.”);

Memorandum from Stephen D. Page, Director, OAQPS, EPA,

“Information on Interstate Transport ‘Good Neighbor’ Provision

for the 2008 Ozone National Ambient Air Quality Standards

(NAAQS) under Clean Air Act (CAA) Section 1 10(a)(2)(D)(i)

(I)”, at 4, January 22, 2015 (recommending ozone transport in

western states should be evaluated on a case-by-case basis);

CARB, California Infrastructure State Implementation Plan

(SIP) Revision, at 15, January 19, 2016 (finding that in contrast

to the East, ozone transport in the West has a much smaller

proportion of local emissions and that the larger states and

complex terrain in the West make modeling less accurate and

helpful); Lin M, Fiore AM, Cooper OR, Horowitz LW, Langford

AO, Levy H, et al., “Springtime high surface ozone events over

the western United States: quantifying the role of stratospheric

intrusions”, J Geophys Res. 2012; 1 17:D00V22; Lefohn AS,

Wernli H, Shadwick D, Oltmans SJ, Shapiro M., Quantifying the

importance of stratospheric-tropospheric transport on surface

ozone concentrations at high- and low-elevation monitoring sites in

83a

Appendix D

Utah provided significant evidence, including preliminary

photochemical modeling results, of how these factors

influence ozone levels along the Northern Wasatch Front

area of Utah. 2,3 Even if EPA does not recognize Utah’s

exceptional event arguments, it is beyond dispute that

the ozone levels in western states are influenced by high

background levels and international emissions. EPA has

historically recognized the need to account for these

additional factors when evaluating western states and that

a case-by-case consideration of ozone impacts is necessary

in the West.4

Furthermore, EPA’s analysis and modeling in support of

the Proposed Rule are grounded in methods and data that

presume conditions in eastern states. 5 For example, EPA

conducted national-scale modeling using a 12-kilometer

the United States. Atmos Environ. 2012;62:646-656; Lefohn AS,

Wernli H, Shadwick D, Limbach S, Oltmans SJ, Shapiro M., The

importance of stratospheric-tropospheric transport in affecting

surface ozone concentrations in the western and northern tier of

the United States. Atmos Environ. 2011;45:4845-4857.

2. See Utah, Technical Support Document, Northern

Wasatch Front (NWF), Utah: Failure to Attain 2015 Ozone

National Ambient Air Quality Standard by Attainment Date;

Reclassification and Disapproval of International Emissions

Demonstration, January 2022, at 6-20.

3. See Memorandum from Barron Henderson and Heather

Simon (EPA, OAQPS) on Modeled U.S. and International

Contributions for 2015 Ozone NAAQS Nonattainment Areas

(December 10, 2021).

4. 81 FR 74504, 74506, EPA, Cross-State Air Pollution Rule

Update for the 2008 Ozone NAAQS, Oct. 26, 2016.

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Appendix D

(km) resolution grid. However, that grid is too coarse to

accurately model ozone in the mountainous western states

where PacifiCorp and NV Energy operate.6 This error

is one reason that states are better suited to determine

appropriate measures to address impacts on neighboring

states. The most recent Denver ozone SIP used a 4-km

grid to capture the meteorology and terrain more

accurately in the very areas EPA claims are impacted by

Utah and Wyoming.7 The Denver modeling shows that the

monitors EPA claims are significantly impacted by Utah

and Wyoming will achieve or make significant progress

towards attainment by 2026, without and before the most

stringent requirements for EGUs go into effect under the

Proposed Rule. 8

Unlike eastern states, which have been subject to both

CSAPR and its predecessor rules, the Clean Air Interstate

Rule (CAIR) and the NOX SIP Call, western states have

5. 81 FR 74504, 74523-24 (“EPA is not addressing interstate

emission transport in this action for the 11 western contiguous

United States. The CSAPR framework builds on previous easternfocused efforts to address collective contributions to interstate

transport . . . ”)

6. See Section I.B.

7. See 87 FR 20036, 27050, Federal Implementation Plan

Addressing Regional Ozone Transport for the 2015 Ozone National

Ambient Air Quality Standard (Apr. 6, 2022).

8. The problem of resolution is not solely a western state

problem, but it is particularly pronounced in the mountainous

western states where BHE businesses operate and where EPA

claims significant impacts are occurring.

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Appendix D

a tremendous uphill climb to prepare for participation

in a NOX allowance market. Affected sources in these

states face the requirement to install costly controls on

an infeasible timeline, involving significant decisions

that must be made before the rule is even finalized, and,

even then, will still have insufficient lead time. Under

the Proposed Rule, affected sources will have only a few

months to comply once the rule is finalized, and so must

start immediately to develop a compliance strategy and

facilitate the possible purchase and sale of allowances by

the 2023 ozone season. In addition, EPA forces utilities to

make decisions within an unreasonably short timeframe

about investments in fossil fuel retrofit technologies that

will have major ramifications on customer rates, reliability,

and system operations. The Proposed Rule simply does

not account for the fact that western states are beginning

at a very different starting point than states that have

historically been regulated for more than a decade under

interstate NOX trading schemes.

Finally, western states are already taking significant

regulatory actions that would accomplish the goals that

the ozone transport rule is designed to achieve. For

example, western states are identifying additional controls

for certain units under the Regional Haze program,

and various facilities in these states have committed to

cease burning coal or to retire coal units under the Clean

Water Act’s effluent limitations guidelines and Resource

Conservation and Recovery Act’s coal combustion

residuals programs.

86a

Appendix D

Ramboll—Evaluation of Utah and Wyoming Ozone

Contributions in EPA’s Proposed Good Neighbor Plan

for the 2015 Ozone NAAQS

4.5.1 Effects of Higher Resolution 4-km Grid in DM/

NFR SIP Modeling

The DM/NFR ozone NAA roughly corresponds to the

Front Range Urban Corridor that had a population

of approximately 5 million and includes the Denver

Metropolitan Statistical Area that had a population of

almost 3 million people in the 2020 census. The DM/

NFR ozone NAA also includes a portion of the DenverJulesburg (D-J) oil and gas (O&G) basin. The urban and

suburban areas and O&G production result in high density

NOX and VOC emissions in the DM/NFR NAA. Figure

4-3 displays the total NOX and VOC emissions at 4-km

resolution for the 2016 base case and differences between

the 2016 and 2023 base cases. The high density NOX and

VOC emissions in the DM/NFR NAA and D-J O&G basin

are clearly evident. In the CAMx model, emissions are

emitted into and instantaneously dispersed evenly across

the grid cell volume. In order to properly simulate ozone

formation in the DM/NFR NAA, a high resolution grid

cell size needs to be used. All of the Denver ozone SIPs in

the past have used a 4-km grid resolution to simulate the

correct meteorology and chemistry and resolve the urban

plumes so that the model has a chance to reproduce the

highest observed ozone concentrations. Use of a coarse 12km grid will instantaneously disperse emissions across a

grid cell volume that is almost an order magnitude larger

than when a 4-km grid size is used making it difficult for

87a

Appendix D

the model to reproduce the high observed ozone peaks

due to overdiluting the ozone concentrations and its

precursors.

Note that use of a coarse 12-km grid resolution will also

reduce ozone peaks due to local sources in the Upwind

State due to failure to resolve urban and other highly

concentrated ozone precursor emission sources (e.g.,

industrial facilities, O&G, etc.) and their resultant ozone

plumes. However, by the time the ozone and precursor

concentrations from the Upwind State travel 100s of miles

to the receptor in the downwind state the “plumes” will

be many 12-km grid cells across so that the effects of the

coarse resolution on underestimating ozone concentrations

at the receptor in the downwind state due to emissions in

the Upwind State is less important.

Figure 4-3. Total anthropogenic NOX (top) and VOC

(bottom) emissions (tons per day) within the CAMx

4-km Colorado domain used in the DM/NFR 2023

Severe/Moderate ozone SIP. Shown are emissions for

the 2016 base case (left) and differences between the

2023 and 2016 base cases (right) (Source: RAQC Ozone

Modeling Forum28).

28. https://ragc.egnyte.com/dl/kzR8aJm0zl/2022_Modeling_

Forum_-_2023_and_2026_Design_Value_Projections.pdf

88a

Appendix D

89a

Appendix D

90a

Appendix D

4.5.2 Effects of Higher Resolved Meteorological

Inputs on Ozone Concentrations in the DM/NFR Ozone

SIP Modeling

Obtaining the correct depiction of meteorology is critically

important for simulating ozone formation in the complex

terrain conditions of the DM/NFR NAA. To better

understand this importance, we first discuss the conditions

that lead to the highest ozone concentrations in the DM/

NFR NAA.

4.5.2.1 Conceptual Model of Ozone Formation in the

DM/NFR NAA

The DM/NFR 2020 Serious ozone SIP for the 2008

ozone NAAQS (RAQC and CDPHE, 2020) included a

report “Conceptual Model of High Ozone for the Denver

Metro/North Front Range” (Ramboll, 2020). The highest

ozone concentrations in the DM/NFR NAA are due to a

combination of ozone transport and locally generated ozone

under specific meteorological regimes that favor ozone

photochemistry and limited dispersion. Reddy and Pfister

(2016) explored the relationships between meteorology and

ozone in the Rocky Mountain states and concluded that

increases in upper level high pressure strength “lead to

high July ozone in much of the western U.S., particularly

in areas of elevated terrain near urban sources with high

emissions of NO2 and other ozone precursors.” In addition

to bringing warmer temperatures, upper level ridges in

this region reduce westerly winds at the surface and aloft

to allow cyclic terrain-driven circulations that reduces

transport away from sources. This includes the formation

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Appendix D

of thermally driven upslope flows along the Front Range in

the DM/NFR NAA where ozone and ozone precursors are

transported up the slopes during the day and can return

at night to lower elevations in large scale basin drainage

(downslope) flows. Upper level ridges can also increase

background ozone concentrations within the ridge. Ozone

and NOX concentrations build locally, and deeper vertical

mixing in this region provides a potential mechanism for

recapture of ozone in layers aloft (e.g., from transport or

remnants of the previous days ozone) that are mixed down

to the surface.

The three key elements of a conceptual model for highconcentration ozone episodes along Colorado’s Front

Range are:

1. The presence of an upper-level high pressure

system or ridge.

2. Reduced westerly winds, especially during

the day.

3. Thermally-driven upslope flow towards

the Continental Divide during the day and

downslope drainage flows into the Platte

Valley at night. This diurnal cycle of winds

enhances the potential for the accumulation

of ozone precursors and ozone within the

region, especially when this cyclic pattern

recurs over a period of several days.

92a

Appendix D

4.5.2.2 Requirements for WRF Meteorological Model

to Reproduce DM/NFR NAA Ozone Conceptual Model

In order for the Weather Research and Forecasting (WRF)

meteorological model to reproduce the meteorological

conditions that lead to the highest ozone concentrations

in the DM/NFR NAA it needs to be able to simulate the

high pressure system/ridge and the thermally driven slope

flows. Getting the high pressure system or ridge correctly

requires using analysis fields used in the WRF initial and

boundary conditions (IC/BC) and four-dimensional data

assimilation (FDDA) inputs. Such analysis fields that

contain the presence of the high pressure/ridges include

the North American Mesoscale Forecast System (NAM 29)

analysis fields that were used in the WRF simulations to

develop the CAMx 2016 meteorological inputs for both the

DM/NFR 2023 Severe/Moderate ozone SIP and Proposed

Transport Rule CAMx 2016 modeling platforms.

For WRF to obtain an accurate depiction of the thermally

driven slope flows requires the terrain inputs for the

model to be representative of actual terrain. Figure 4-4

shows the terrain heights (meters above mean sea level,

MSL) using 12-km and 4-km grid resolutions. Use of a

12-km grid resolution smooths the terrain and greatly

reduces the terrain heights and the elevation differences

of the “slopes” of the terrain along the Front Range. The

slope between western Denver County to the continental

divide spans approximately 7,800 feet in elevation using

a 4-km grid resolution but only approximately 4,500

feet in elevation change using the 12-km grid resolution.

93a

Appendix D

Thus, WRF’s ability to reproduce the thermally driven

daytime upslope and nighttime downslope flows will be

severely compromised using a 12-km grid resolution

and simulated much more accurately using a 4-km grid

resolution because a 12-km grid resolution fails to resolve

the terrain in the region.

The higher resolution complex terrain in the 4-km

data, and in reality, will also affect transport of ozone

and precursors from Wyoming to the DM/NFR NAA

differently than if a 12-km grid resolution is used. The

higher variable wind fields from more highly resolved

terrain features will disperse ozone and precursors from

Wyoming as they are transported to the DM/NFR NAA

than if a 12-km grid resolution is used.

Figure 4-4. Representation of terrain (m MSL) over

Colorado using a 12-km grid resolution (top) and 4-km

grid resolution (bottom) (Note: domain is similar but

not the same as the DM/NFR ozone SIP CAMx 4-km

Colorado domain).

94a

Appendix D

95a

Appendix D

4.5.3 Comparison of CAMx Ozone Model Performance

and Its Implications

We conducted an ozone model performance of the CAMx

2016 base case simulation used in the Proposed Transport

Rule and compared it to the ozone performance of the

DM/NFR 2023 Severe/Moderate ozone SIP CAMx S17

2016 base case simulation. At this time, only limited

publicly available information is available on ozone model

performance for the DM/NFR ozone SIP CAMx S17 2016

base case from presentations given at the May 18, 2022

RAQC Ozone Modeling Forum. 30

Ozone model performance goals and criteria have been

established by Emery and co-workers (2016) for the

Normalized Mean Bias (NMB) and Normalized Mean

Error (NME) model performance metrics. The NMB

ozone model performance goal is ≤±5% and the NMB

ozone performance criterion is ≤±15%. The NME ozone

model performance goal and criterion are ≤15% and

≤25%, respectively.

Table 4-6 compare the NMB and NME performance

statistics for the CAMx 2016 base case simulations

performed as part of EPA’s Proposed Transport Rule and

as part of the DM/NFR 2023 Severe/Moderate ozone SIP.

NMB and NME performance statistics that achieve the

ozone model performance goals are colored green, and

those that fall between the performance goals and criteria

are colored yellow. The DM/NFR ozone SIP CAMx 2016

base case ozone performance is clearly performing better

30. https://raqc.org/event/2022-raqc-modeling-forum/

96a

Appendix D

than the EPA Proposed Transport Rule CAMx 2016 base

case at all four sites in the DM/NFR NAA. The EPA

CAMx 2016 base case exhibits an ozone underestimation

bias, which was expected given the coarse 12-km grid

resolution used. At CHAT, the Proposed Transport Rule

CAMx 2016 base case has an NMB underestimation of

-7.6% while the DM/NFR 2023 Severe/Moderate ozone

SIP has essentially zero bias (0.1%). The underestimation

bias in the Proposed Transport Rule CAMx 2016 base

case is even greater at the RFNO (-8.1%), NREL (-8.4%)

and FTCW (-12.5%) sites while the DM/NFR ozone SIP

CAMx 2016 base case bias achieves the bias performance

goal by a wide margin.

Table 4-6. Comparison of NMB and NME ozone

performance statistics (%) at the four key monitoring

sites in the DM/NFR NAA and the CAMx 2016 base

case simulations from EPA’s Proposed Transport Rule

and the DM/NFR Severe/Moderate ozone SIP. NMB/

NME performance statistics that meet the ozone model

performance goal are colored green.

EPA Proposed Rule

Site

CHAT

RFNO

NREL

FTCW

NMB

-7.6%

-8.1%

-8.4%

-12.5%

NME

11.6%

11.3%

11.9%

14.3%

DM/NFR Ozone

SIPa

NMB

NME

0.1%

9.2%

-0.4%

8.8%

-2.0%

8.6%

-2.5%

7.8%

a. Source: https://raqc.egnyte.com/dl/8AGJMMksXC/2022_

Modeling _Forum_-_ 2016_Base_Year_Modeling _Platform_

Updates.pdf_

97a

Appendix D

Ozone attainment/nonattainment is determined by the

ozone design value (DV) that is defined as the three-year

average of the fourth highest maximum daily average

8-hour (MDA8) ozone concentrations. Thus, how well

the model simulates the four highest observed MDA8

ozone concentrations is an important model performance

attribute. Table 4-7 compares the predicted and observed

four highest MDA8 ozone concentrations at Chatfield

during 2016 from the Proposed Transport Rule and

DM/NFR Severe/Moderate ozone SIP CAMx 2016 base

case simulations. The highest observed MDA8 ozone

concentration at Chatfield during 2016 was 86.6 ppb that

was underestimated by the Proposed Transport Rule

CAMx 2016 base case (74.9 ppb) by 11.7 ppb (-13.5%).

Whereas, the DM/NFR ozone SIP CAMx 2016 base case

highest estimated ozone concentration at Chatfield (86.4)

matched the observed value (86.6 ppb) almost exactly

(within 0.2 ppb or 0.0% difference). The fourth highest

observed MDA8 ozone concentration at Chatfield (78.0

ppb) is underestimated by the Proposed Transport Rule

CAMx 2016 base case (71.9 ppb) by 6.1 ppb (-7.8%), while

the DM/NFR ozone SIP CAMx base case fourth highest

ozone at Chatfield (78.1 ppb) matches the observed fourth

highest ozone very well (0.1 ppb and 0.0% difference).

98a

Appendix D

Table 4-7. Comparison of the observed and modeled

four highest MDA8 ozone concentrations at the

Chatfield monitoring site in 2016 for the EPA Proposed

Transport Rule and DM/NFR 2023 Severe/Moderate

ozone SIP CAMx 2016 base case simulations.

EPA Proposed

Observed

Transport Rule

Ozone

Ozone

Percent

(ppb)

(ppb) Difference

86.6

74.9

-13.5%

81.0

73.1

-9.8%

80.3

72.6

-9.6%

78.0

71.9

-7.8%

DM/NFR

Ozone SIPa

Ozone

Percent

(ppb) Difference

86.4

-0.2%

81.6

0.7%

80.1

-0.2%

78.1

0.1%

a. Source: https://raqc.egnyte.com/dl/8AGJMMksXC/2022_

Modeling _Forum_-_2016_Base_Year_Modeling _Platform_

Updates.pdf_

Table 4-8 compares the predicted and observed four

highest MDA8 ozone concentrations at the Rocky Flats

North (RFNO) monitoring site in the DM/NFR NAA

and the Proposed Transport Rule and DM/NFR Severe/

Moderate ozone SIP CAMx 2016 base case simulations.

The ozone under-prediction bias of the Proposed

Transport Rule CAMx 2016 base case at RFNO is even

greater than at CHAT with the four highest observed

ozone concentrations underestimated by -11% to -19%.

The DM/NFR ozone SIP CAMx 2016 base case also

underestimates the four highest observed MDA8 ozone

concentrations at RFNO but the underestimation bias

(-4% to -10%) is approximately half of the Proposed

99a

Appendix D

Transport Rule underestimation bias. For example, the

observed fourth highest MDA8 ozone at RFNO (79.5%) is

underestimated by the Proposed Transport Rule by -11%

(70.9 ppb) but is only underestimated by the DM/NFR

ozone SIP CAMx 2016 base case by -4% (76.3 ppb), which

achieves the ≤±5% ozone performance goal.

Table 4-8. Comparison of the observed and modeled

four highest MDA8 ozone concentrations at the Rocky

Flats North monitoring site in 2016 for the EPA

Proposed Transport Rule and DM/NFR 2023 Severe/

Moderate ozone SIP CAMx 2016 base case simulations.

EPA Proposed

Observed

Transport Rule

Ozone

Ozone

Percent

(ppb)

(ppb) Difference

89.6

72.9

-18.6%

82.4

72.7

-12.4%

81.6

72.6

-11.0%

79.5

70.9

-10.8%

DM/NFR

Ozone SIPa

Ozone

Percent

(ppb) Difference

81.1

-9.5%

77.8

-5.6%

77.5

-5.0%

76.3

-4.0%

a. Source: https://raqc.egnyte.com/dl/8AGJMMksXC/2022_

Modeling _Forum_-_2016_Base_Year_Modeling _Platform_

Updates.pdf_

The performance of the two CAMx 2016 base case

simulations in predicting the highest ozone concentrations

at NREL is shown in Table 4-9. Both CAMx 2016 base

cases exhibit an underestimation of the four highest

observed MDA8 ozone concentrations at NREL with the

Proposed Transport Rule underestimation (-11% to -13%)

100a

Appendix D

being worse than the DM/NFR ozone SIP CAMx 2016

base case (-6% to -10%).

Table 4-9. Comparison of the observed and modeled

four highest MDA8 ozone concentrations at the NREL

monitoring site in 2016 for the EPA Proposed Transport

Rule and DM/NFR 2023 Severe/Moderate ozone SIP

CAMx 2016 base case simulations.

EPA Proposed

Observed

Transport Rule

Ozone

Ozone

Percent

(ppb)

(ppb) Difference

88.6

78.0

-12.0%

86.3

74.3

-13.9%

83.3

74.1

-11.0%

83.3

73.8

-11.4%

DM/NFR

Ozone SIPa

Ozone

Percent

(ppb) Difference

81.3

-8.2%

80.3

-9.5%

78.3

-6.0%

76.1

-8.6%

a. Source: https://raqc.egnyte.com/dl/8AGJMMksXC/2022_

Modeling _Forum_-_2016_Base_Year_Modeling _Platform_

Updates.pdf_

4.6 Conclusions On Future Year Projected Ozone

Design Values at DM/NFR Nonattainment/Maintenance

Receptors

Based on scientific technical arguments, the coarse 12km grid resolution used in the Proposed Transport Rule

CAMx modeling will likely overstate future year design

value projections. This was confirmed by the DM/NFR

2023 Severe/Moderate ozone SIP CAMx 4-km grid

resolution modeling that produced lower future year

101a

Appendix D

projected design values resulting in Chatfield and Rocky

Flats North no longer being nonattainment/maintenance

receptors in 2026. As Chatfield was the only receptor

that Wyoming was linked to, the Proposed Transport

Rule overcontrols Wyoming emissions by proposing 2026

EGU and non-EGU control in Wyoming even though it

is not contributing to nonattainment or interfering in

maintenance of the 2015 ozone NAAQS at any receptor

in a downwind state.

Utah was linked to three receptors in the DM/NFR

NAA (CHAT, RFNO and NREL). Two of these receptors

(CHAT and RFNO) become attainment receptors based

on the refined DM/NFR Severe/Moderate ozone SIP

CAMx modeling, although NREL receptor remained

a nonattainment receptor in the DM/NFR ozone SIP

CAMx modeling (see Table 4-5). However, Utah has a 0.90

ppb ozone contribution to the NEWL receptor in 2026

and, as discussed in Chapter 7, this contribution is not a

statistically significant contribution to an ozone design

value. This argues that Utah should also not be subject

to the 2026 EGU and non-EGU controls in the Proposed

Transport Rule.

4.7

References

Emery, C.E., Z. Liu, A.G. Russell, M.T. Odman, G. Yarwood

and N. Kumar. 2016. Recommendations on statistics and

benchmarks to assess photochemical model performance.

J. of the Air and Waste Management Assoc., Vol. 67,

Issue 5. DOI: 10.1080/10962247.2016.1265027. (https://

www.tandfonline.com/doi/full/10.1080/10962247.2016.1

265027).

102a

Appendix D

EPA. 2022. Technical Support Document (TSD) for the

Proposed Federal Implementation Plan Addressing

Regional Ozone Transport for the 2015 Ozone National

Ambient Air Quality Standard. Docket ID No. EPAHQ-OAR-2021-0668. Ozone Transport Policy Analysis

Proposed Rule TSD. U.S. Environmental Protection

Agency, Office of Air and Radiation. February. (https://

www.epa.gov/system/files/documents/2022-03/ozonetransport-policyanalysis-proposed-rule-tsd.pdf ).

Ramboll. 2020. Conceptual Model of High Ozone for the

Denver Metro/North Front Range 2020 Serious Ozone

State Implementation Plan. Ramboll US Corporation,

Novato, CA. August. https://raqc.egnyte.com/dl /

FlJGHQ j2fI/DMN_FR_2020-O3SIP_Conceptual_

Model_Ozone_v6. pdf_

RAQC and CDPHE. 2020. Serious State Implementation

Plan for the Denver Metro and North Front Range

Ozone Nonattainment Area. Regional Air Quality

Council and Colorado Department of Health and

Environment, Denver, CO. Adopted by Colorado Air

Quality Control Commission December 18, 2020. (https://

raqc.egnyte.com/dl/g2nFZlaoLc/Ozone_SIP_Element__Adopted_121820%2BApdx12-C.pdf_).

Reddy, P.J. and G.G. Pfister. 2016. Meteorological

factors contributing to the interannual variability

of midsummer surface ozone in Colorado, Utah,

a nd ot her we st er n U. S . st at e s . J. Geo. Res .:

Atmospheres (JGR). 10.1002/2015JD023840. March.

103a

Appendix D

( ht t p s: //a g up u b s .on l i ne l i br a r y.w i ley. c o m /doi /

epdf/10.1002/2015JD023840).

5.0 UPWIND STATE OZONE CONTRIBUTIONS

AT D OW N W I N D STAT E R EC EP T OR S A R E

OVERSTATED

As described in detail in Chapter 1, an Upwind State 2023

and 2026 ozone contribution to an ozone design value at

a nonattainment/maintenance receptor in a downwind

State is based on the Contribution Factor (CF) that is

the ratio of the Upwind State MDA8 ozone contribution

to the receptor divided by the total MDA8 ozone at the

receptor averaged over the top 10 CAMx 2023 modeled

total MDA8 ozone days at the receptor. The Contribution

Factor is multiplied by the 2023 and 2026 average ozone

design value (Avg DV) to obtain the Upwind State 2023

and 2026 ozone contribution to the downwind receptor:

CF = ∑ UpwindState_Ozone / ∑ Total_Ozone

UpwindState_Ozone_Contribution =

CF x Ozone_AvgDV

Thus, any assumptions, errors or omissions that would

either: (1) increase the total MDA8 ozone concentrations

at the receptor (i.e., increase the denominator in CF);

or (2) reduce Upwind State’s ozone contribution at the

receptor (i.e., decrease the numerator in CF), would

reduce the Contribution Factor and the Upwind State’s

ozone contribution to the downwind receptor 2023 and

2026 ozone design values.

104a

Appendix D

5.1

Missing Emissions in Proposed Transport

Modeling Results in Overstating Utah’s and

Wyoming’s Ozone Contribution to Receptors in

the DM/NFR NAA

The Proposed Transport Rule CAMx modeling failed

to include NOX emissions from lightning (LNOX). This

is particularly important in the Front Range area of

Colorado where summer thunderstorms regularly occur.

Emissions from lightning can be a significant source of

NOX concentrations and resultant ozone formation. Zhang

and co-workers (2003) estimate that 5% of the annual

and 14% of the summer NOX emissions in the U.S. comes

from lightning. Kang and co-workers (2020) analyzed the

effects of including LNOX emissions and found they were

particularly important for simulating ozone in the U.S.

Mountain West States (MWS), which include Colorado,

Utah and Wyoming, and found LNOX emissions could

increase MDA8 ozone concentrations by up to 17 ppb and

concluded “summertime surface-level O3 levels in the

MWS region could be significantly influenced by lightning

NOX.” (Kang et al., 2020). If naturally occurring LNOX

emissions were included in the Proposed Transport Rule

CAMx modeling that would increase the total MDA8

ozone concentrations at the DM/NFR NAA receptors

resulting in a reduced Utah and Wyoming Contributions

Factors and lower Utah and Wyoming ozone contributions

to 2023 and 2026 ozone design values at the DM/NFR

NAA receptors.

EPA developed the 2016v2 modeling platform 2016, 2023,

2026 and 2032 model-ready emissions for the CMAQ

105a

Appendix D

model and converted them to the CAMx format using a

CMAQ2CAMx emissions converter. In doing the CMAQ

to CAMx emissions conversion for the Proposed Transport

Rule CAMx modeling, EPA dropped methane (CH4)

emissions and some secondary organic aerosol (SOA)

precursor species. The SOA precursors probably have

minimal effect on ozone formation but methane acts

*

*

*

106a

Appendix EFROM RESPONSE

APPENDIX E — EXCERPTS

TO COMMENTS DOCUMENT

(EPA-HQ-OAR-2021-0663-0083)

Commenter: West Virginia Department of Environmental

Protection

Commenter ID: 49

Docket ID: EPA-R03-OAR-2021-0873

Comment:

In the WV 2015 Ozone Good Neighbor SIP, DAQ applied

independent modeling performed by Alpine Geophysics

utilizing 2023 projected emissions. Alpine modeled at a

finer 4-km grid within the maintenance and nonattainment

receptor areas rather than the 12-km grid utilized by

EPA. Also, at this time, the Lake Michigan Air Directors

Consortium (“LADCO”) regional planning organization

(“RPO”) performed similar modeling. All three of these

efforts modeled remarkably comparable impacts at the

downwind monitor locations. As such, DAQ is further

puzzled by EPA’s abandonment of its own modeling results

by this proposed disapproval action.

Response

See Section V.A.4. of the preamble for our general

response to comments on the use of updated modeling to

support the EPA’s action. The EPA notes that the EPA

is not disapproving any SIP submission for its choice of

modeling. The EPA’s evaluations of each SIP submission

107a

Appendix E

were explained at proposal. See, e.g., 87 FR 9867-9869

(February 22, 2022) (Minnesota); 87 FR 9818-9824

(February 22, 2022) (Oklahoma); 87 FR 31492-31493

(May 24, 2022) (Nevada); and 87 FR 31477-31483 (May

24, 2022) (Utah). We respond to several additional specific

comments here.

One commenter claimed, “By delaying its decision on

Maryland’s submittal for nearly 2.5 years, the EPA

moved the goal post for Maryland—an act the DC Circuit

admonished in New York v. EPA, 964 F.3d 1214, 1223 (D.C.

Cir. 2020).” First, as explained in the preamble, the timing

of the EPA’s action is not moving the goal posts, nor does

availing ourselves of the most recent 2015 ozone transport

modeling and monitoring information do so. Second, New

York is inapposite. The court there found fault with the

EPA’s denial of a CAA section 126(b) petition from New

York, which had identified many upwind-state sources

with relatively large NOX emissions that the state alleged

significantly contributed in violation of the good neighbor

provision. The court found the EPA’s explanation for why

the state had not made out at least a facially plausible

showing of significant contribution to be arbitrary and

capricious. The court noted that downwind petitioning

states may lack the ability to conduct the kinds of analysis

the Agency’s denial suggested may be required and also

found internal inconsistencies in the Agency’s position

during litigation. None of that is relevant here. First,

this holding was not about air quality determinations,

but rather Step 3 analysis of source emissions reduction

potential. Second, upwind states are charged by the Act

with evaluating, defining, and prohibiting their sources’

significant contribution. Unlike a downwind jurisdiction,

108a

Appendix E

they possess all requisite authority to undertake an

analysis of emissions and emissions reduction potential

within their borders. See generally CAA section 110(a)(2). Nor

is the Agency obligated to define “significant contribution”

for upwind states before acting on these SIP submissions.

See EPA v. EME Homer City, 572 U.S. 489, 508-09 (2014).

APC and PacifiCorp both cite Texas v. EPA, 829 F.3d

405 (5th Cir. 2016) to argue that “EPA’s approval or

disapproval of a SIP should adhere to the guidance, data,

and evidence available and on the record at the time of

EPA’s timely review of the SIP.” In Texas, the 5th Circuit

granted a preliminary stay of the EPA’s disapproval of

Oklahoma’s and Texas’ regional haze SIP submissions

and promulgation of FIPs and did not reach the merits

of either the EPA’s assessment of the SIP submissions’

compliance with the requirements of the CAA or the

FIPs. 2 Although the court noted that the EPA proposed

amendments to the regional haze rule subsequent to Texas

and Oklahoma submitting regional haze SIP submissions,

that proposal was not relevant to the submissions before

the court. 3 Moreover, the EPA has not promulgated any

regulations to implement CAA section 110(a)(2)(D)(i)(I).

2. Texas v. EPA, 829 F.3d 405 (5th. Cir. 2016)

3. See, e.g., P rot ect ion of Visibi l ity: A mendment s t o

Requirements for State Plans; Proposed Rule, 81 Fed. Reg. 26941,

26944 (May 4, 2016) (explaining that the proposed “changes would

apply to periodic comprehensive state implementation plans

developed for the second and subsequent implementation periods

and for progress reports submitted subsequent to those plans.” And

that EPA “[did] not intend for the proposed changes to affect the

development of state plans for the first implementation period or the

first progress reports due under the existing Regional Haze Rule.”)

109a

Appendix E

Rather, EPA is applying its longstanding framework

for implementing CAA section 110(a)(2)(D)(i)(I) while

recognizing and considering any alternative approaches

states presented. EPA further notes that to the extent

APC objects to EPA’s consideration of 2016v2 modeling

or the updated 2016v3 modeling (adjusted in response to

public comment on this action), Alabama’s June 21, 2022,

SIP submission was submitted after the EPA made the

2016v2 modeling available and included arguments with

respect to that modeling, which the EPA has evaluated

in this final action.

APC, The Luminant Companies, and PacifiCorp quote

Sierra Club v. EPA, 356 F.3d 296, 308 (D.C. Cir. 2004):

“To require states to revise completed plans every time a

new model is announced would lead to significant costs and

potentially endless delays in the approval process.” In that

case, Sierra Club challenged EPA’s conditional approval

of Maryland, Virginia, and Washington, D.C.’s attainment

plans to address the Washington, D.C. Metropolitan

Area’s “Severe” classification for several reasons. 356

F.3d at 300. One reason was that the rate-of-progress

plans relied on an older emissions model (MOBILE5

as opposed to the more recent MOBILE6). Id. EPA

regulation specifically required states to use the latest

emission model available during the development their

rate-of-progress plans for the purposes of meeting Severe

requirements, CAA section 172(c)(3); 40 CFR 51.112(a)(1),

but because MOBILE6 became available one month before

these SIP submissions were submitted, the EPA accepted

the rateof-progress plan based on MOBILE5. 356 F.3d

at 308. The court agreed it was reasonable for EPA to

110a

Appendix E

not require Maryland, Virginia, and Washington, D.C.

to revise their rate-of-progress plans using MOBILE6.

Id. The EPA notes the timing consideration quoted by

commenters related to attainment planning in a Serious

nonattainment area. Here, however, the EPA has no

regulations that require any state to use any particular

type of model to address statutory requirements under

CAA section 110(a)(2)(D)(i)(I), nor is the EPA disapproving

any SIP submission on the basis of its choice of modeling

(as compared to EPA’s evaluation of the results of the

modeling). Further, the Sierra Club case does not stand

for the proposition that EPA is prevented from considering

the most up-to-date data in assessing whether upwind

states may be potentially significantly contributing to

downwind nonattainment or maintenance.

APC and The Luminant Companies cite Wisconsin v.

EPA, 938 F.3d 303, 336 (D.C. Cir. 2019) for the premise

that the EPA’s disapproval of a SIP submission on the

basis of “reliance on data compiled after the SIP action

deadline” may be challenged. The EPA acknowledges that

Wisconsin noted such was the States’ argument, but the

D.C. Circuit did not opine on the validity of the assertion

since it was not relevant to the court’s evaluation of the

CSPAR Update FIP.

A comment specifically pointed to the EPA’s proposed error

correction of its approval of Delaware’s SIP submission

(which is a component of the proposed FIP rulemaking

published April 6, 2022) to suggest the EPA had created

an unworkable standard for states. The commenter went

on to argue that the EPA must approve Tennessee’s

111a

Appendix E

SIP submission based on the information available at

the time Tennessee submitted it to the EPA. However,

this argument is illogical. If the EPA were to do that, it

would be treating Delaware and Tennessee dissimilarly.

In fact, the proposed error correction for Delaware only

illustrates the futility of commenters’ arguments for using

outdated information to approve their SIP submissions.

Had the EPA done that, then just as it proposed for

Delaware, the Agency would likely have simply conducted

error corrections of those approvals in light of the updated

projections of air quality and contributions in 2023 that

are now available.

Finally, it bears observance that if the EPA’s evaluation

of information regarding 2023 projections was arrested at

the time of some deadline in the past or with the issuance

of some older set of modeling results, then the purpose of

notice and comment rulemaking would itself be frustrated,

because no matter what arguments commenters could

make about more recent or current real-world conditions

or updated projections regarding 2023, the Agency would

be forced to ignore them. As an example, the EPA would

be obligated to ignore many of the comments on these

proposals providing updates to the EPA’s emissions

inventories, which we have considered in developing the

2016v3 modeling of 2023.

In response to Louisiana Chemical Association, the EPA

clarifies that the Agency found Louisiana’s SIP submission

complete on November 15, 2019. In response to Tennessee

Department of Environment and Conservation, the

EPA notes that the Agency is deferring final action on

112a

Appendix E

Tennessee’s good neighbor SIP submission at this time. In

response to Midwest Ozone Group, the EPA notes that the

Agency met with Multi-Jurisdictional Organizations such

as Central States Air Resource Agencies and others in

Summer 2021 to discuss the concerns outlined in the July

2021 letter cited in the comment.4 The EPA subsequently

made emissions data available on September 20, 2021, as

discussed in more detail in the preamble in Sections II.C

and III.A.1.

Other issues raised by these comments are addressed

in the preamble in Sections II.C, II.D, III.A.1., V.A.,

and V.B.2, and V.A.6, as well as in Section 1.2 (Guidance

for SIP Submissions), Section 5 (Updates to Modeling

and Changes in Linkages), 6.1.2 (Step 1 Receptors

Linked to Texas), 7.4 (August 2018 Memorandum), 8.1

(Determination of Significant Contribution), 10.2 (SIP

Call), and 10.3 (Cooperative Federalism and the EPA’s

Authority).

***

Commenter: Utah Division of Air Quality

Commenter ID: 47

Docket ID: EPA-R08-OAR-2022-0315

Comment:

The benefit of cooperative federalism is having the

autonomy to do what’s best for the state, but do so in

113a

Appendix E

partnership with EPA to ensure that the CAA intent and

requirements are met.

In this same spirit, UDAQ engaged early and often with

our counterparts at Region 8 in the development of our

interstate transport SIP. Through this collaboration and

EPA’s guidance, Utah selected the alternative threshold of

1 ppb. [...] Thus, UDAQ was surprised when EPA proposed

to include Utah in the proposed FIP, and subsequently

disapproved the state’s SIP based in large part on the

selection of the 1 ppb over the 1% of the NAAQS threshold.

If the 1 ppb threshold was in fact inappropriate for the

development of this SIP, EPA should have communicated

that view to UDAQ during the early engagement and

development process or during the state’s public comment

period. Additionally, EPA released no new guidance

directing states to use a 1% threshold either prior to or

after SIP submittal deadlines.

Response

Some commenters assert that the EPA did not provide

sufficient input to states during the development of the SIP

submissions, while others allege that the EPA led the states

astray or implied to states that the SIP submissions were

approvable. The EPA is required under CAA section 110

to review a SIP submission revision that has been formally

submitted; based on the EPA’s determination of whether

that submission meets applicable CAA requirements, the

EPA must then approve or disapprove the SIP submission.

There is no CAA requirement that the EPA must review,

evaluate, and comment on a state’s draft SIP submission

114a

Appendix E

revision during the state rulemaking process, and no legal

basis for states to assume that the EPA’s silence during

a state public comment period constitutes the Agency’s

endorsement of such SIP submission revision. Where

the EPA did communicate views to these states on draft

SIP submission revisions, the EPA disagrees that such

preliminary feedback should now bind the Agency, and

the EPA disagrees that we could in any way lawfully

provide “implied consent” to states regarding their draft

SIP submissions before they have completed the required

rulemaking processes at both the state and federal level.

After all, EPA cannot assure any state in advance of the

EPA’s public notice and comment process what the EPA’s

final action on a SIP submission will be. Catawba County

v. EPA, 571 F.3d 20, 34 (D.C. Cir. 2009) (“[a]n agency

pronouncement is not deemed a binding regulation merely

because it may have some substantive impact, as long as

it leave[s] the administrator free to exercise his informed

discretion.”) citing Panhandle Producers & Royalty

Owners Ass’n v. Econ. Regulatory Admin., 822 F.2d 1105,

1110 (D.C. Cir. 1987) (quoting Brock v. Cathedral Bluffs

Shale Oil Co., 796 F.2d 533, 537 (D.C. Cir. 1986) (internal

quotation marks omitted))).

The EPA encourages state air agencies to engage as early

as possible with the Agency on the development of any SIP

submission revisions in an effort to address all technical

and policy approvability issues prior to submitting a

final SIP submission package and appreciates states’

willingness to involve regional offices at the initial SIP

submission development stage. Further, the EPA makes

its best efforts to work closely with states, but EPA

115a

Appendix E

cannot be expected to provide states definitive guidance

on what will ultimately be approvable. Nonetheless, the

suggestions we made to states on their SIP submissions

in this instance are not inconsistent with the final action

we are now taking.

Other issues raised by these comments are addressed

in Section V.A.3., V.A.6., and V.B.7. of the preamble

and the following sections: 1.1 (Timing of SIP Actions),

1.2 (Guidance for SIP Submissions), 7.4 (August 2018

Memorandum), 10.3 (Cooperative Federalism and the

EPA’s Authority), 11.6 (Economic Impacts), and 11.12

(Consent Decrees).

116a

Appendix E

Commenter: Pacif iCor p (Attachment – Ramboll

Evaluation)

Commenter ID: 38

Docket ID: EPA-R08-OAR-2022-0315

Comment:

4.5.1 Effects of Higher Resolution 4-km Grid in DM/NFR

SIP Modeling

[...] In order to properly simulate ozone formation in the

DM/NFR NAA, a high resolution grid cell size needs to be

used. All of the Denver ozone SIPs in the past have used a

4-km grid resolution to simulate the correct meteorology

and chemistry and resolve the urban plumes so that the

model has a chance to reproduce the highest observed

ozone concentrations. Use of a coarse 12-km grid will

instantaneously disperse emissions across a grid cell

volume that is almost an order of magnitude larger than

when a 4- km grid size is used making it difficult for the

model to reproduce the high observed ozone peaks due to

overdiluting the ozone concentrations and its precursors.

Note that use of a coarse 12-km grid resolution will also

reduce ozone peaks due to local sources in the Upwind

State due to failure to resolve urban and other highly

concentrated ozone precursor emission sources (e.g.,

industrial facilities, O&G, etc.) and their resultant ozone

plumes. However, by the time the ozone and precursor

concentrations from the Upwind State travel 100s of miles

117a

Appendix E

to the receptor in the downwind state the “plumes” will

be many 12-km grid cells across so that the effects of the

coarse resolution on underestimating ozone concentrations

at the receptor in the downwind state due to emissions in

the Upwind State is less important.

[...]

4.5.2 Effects of Higher Resolved Meteorological Inputs

on Ozone Concentrations in the DM/NFR Ozone SIP

Modeling

Obtaining the correct depiction of meteorology is critically

important for simulating ozone formation in the complex

terrain conditions of the DM/NFR NAA. [...]

4.5.2.1 Conceptual Model of Ozone Formation in the DM/

NFR NAA

The DM/NFR 2020 Serious ozone SIP for the 2008

ozone NAAQS (RAQC and CDPHE, 2020) included a

report “Conceptual Model of High Ozone for the Denver

Metro/North Front Range” (Ramboll, 2020). The highest

ozone concentrations in the DM/NFR NAA are due to a

combination of ozone transport and locally generated ozone

under specific meteorological regimes that favor ozone

photochemistry and limited dispersion. Reddy and Pfister

(2016) explored the relationships between meteorology and

ozone in the Rocky Mountain states and concluded that

increases in upper-level high pressure strength “lead to

high July ozone in much of the western U.S., particularly

in areas of elevated terrain near urban sources with high

118a

Appendix E

emissions of NO2 and other ozone precursors.” In addition

to bringing warmer temperatures, upper-level ridges in

this region reduce westerly winds at the surface and aloft

to allow cyclic terrain-driven circulations that reduces

transport away from sources. This includes the formation

of thermally driven upslope flows along the Front Range

in the Denver NAA where ozone and ozone precursors are

transported up the slopes during the day and can return

at night to lower elevations in large scale basin drainage

(downslope) flows. Upper-level ridges can also increase

background ozone concentrations within the ridge. Ozone

and NOX concentrations build locally, and deeper vertical

mixing in this region provides a potential mechanism for

recapture of ozone in layers aloft (e.g., from transport or

remnants of the previous days ozone) that are mixed down

to the surface.

The three key elements of a conceptual model for highconcentration ozone episodes along Colorado’s Front

Range are:

1. The presence of an upper-level high pressure

system or ridge.

2. Reduced westerly winds, especially during

the day.

3. Thermally-driven upslope f low towards

the Continental Divide during the day and

downslope drainage f lows into the Platte

Valley at night. This diurnal cycle of winds

enhances the potential for the accumulation of

119a

Appendix E

ozone precursors and ozone within the region,

especially when this cyclic pattern recurs over

a period of several days.

4.5.2.2 Requirements for WRF Meteorological Model to

Reproduce DM/NFR NAA Ozone Conceptual Model

In order for the Weather Research and Forecasting (WRF)

meteorological model to reproduce the meteorological

conditions that lead to the highest ozone concentrations in

the Denver NAA it needs to be able to simulate the high

pressure system/ridge and the thermally driven slope

flows. Getting the high pressure system or ridge correctly

requires using analysis fields as inputs into WRF that

reflects their presence that are used in the WRF initial

and boundary conditions (IC/BC) and four-dimensional

data assimilation (FDDA) inputs. Such analysis fields that

contain the presence of the high pressure/ridges include

the North American Mesoscale Forecast System (NAM29)

analysis fields that were used in the WRF simulations to

develop the CAMx 2016 meteorological inputs for both the

DM/NFR 2023 Severe/Moderate ozone SIP and Proposed

Transport Rule CAMx 2016 modeling platforms.

For WRF to obtain an accurate depiction of the thermally

driven slope flows requires the terrain inputs for the

model to be representative of actual terrain. Use of a

12-km grid resolution smooths the terrain and greatly

reduces the terrain heights and the elevation differences

of the “slopes” of the terrain along the Front Range. The

slope between western Denver County to the continental

divide spans approximately 7,800 feet in elevation using

120a

Appendix E

a 4-km grid resolution but only approximately 4,500

feet in elevation change using the 12-km grid resolution.

Thus, WRF’s ability to reproduce the thermally driven

daytime upslope and nighttime downslope flows will be

severely compromised using a 12-km grid resolution

and simulated much more accurately using a 4-km grid

resolution because a 12-km grid resolution fails to resolve

the terrain in the region.

The higher resolution complex terrain in the 4-km data,

and in reality, will also affect transport of ozone and

precursors from Wyoming to the Denver NAA differently

than if a 12-km grid resolution is used. The higher variable

wind fields from more highly resolved terrain features

will disperse ozone and precursors from Wyoming as they

are transported to the Denver NAA than if a 12-km grid

resolution is used that smooths the actual terrain features.

[...]

4.5.3 Comparison of CAMx Ozone Model Performance

and Its Implications

[Ramboll] conducted an ozone model performance of the

CAMx 2016 base case simulation used in the Proposed

Transport Rule and compared it to the ozone performance

of the DM/NFR 2023 Severe/Moderate ozone SIP CAMx

S17 2016 base case simulation. At this time, only limited

publicly available information is available on ozone model

performance for the DM/NFR ozone SIP CAMx S17 2016

base case from presentations given at the May 18, 2022

RAQC Ozone Modeling Forum.

121a

Appendix E

Ozone model performance goals and criteria have been

established by Emery and co-workers (2016) for the

Normalized Mean Bias (NMB) and Normalized Mean

Error (NME) model performance metrics. The NMB

ozone model performance goal is ≤±5% and the NMB

ozone performance criterion is ≤±15%. The NME ozone

model performance goal and criterion are ≤15% and

≤25%, respectively.

[...]

The DM/NFR ozone SIP CAMx 2016 base case ozone

performance is clearly performing better than the EPA

Proposed Transport Rule CAMx 2016 base case at all four

sites in the DM/NFR NAA. The EPA CAMx 2016 base

case exhibits an ozone underestimation bias, which was

expected given the coarse 12-km grid resolution used. At

CHAT, the Proposed Transport Rule CAMx 2016 base

case has an NMB underestimation of -7.6% while the DM/

NFR 2023 Severe/Moderate ozone SIP has essentially

zero bias (0.1%). The underestimation bias in the Proposed

Transport Rule CAMx 2016 base case is even greater at

the RFNO (-8.1%), NREL (-8.4%) and FTCW (-12.5%)

sites while the DM/NFR ozone SIP CAMx 2016 base case

bias achieves the bias performance goal by a wide margin.

[...]

Ozone attainment/nonattainment is determined by

the ozone design value (DV) that is defined as the

three-year average of the fourth highest maximum

daily average 8-hour (MDA8) ozone concentrations.

122a

Appendix E

Thus, how well the model simulates the four highest

observed MDA8 ozone concentrations is an important

model performance attribute. The highest observed

MDA8 ozone concentration at Chatfield during 2016

was 86.6 ppb that was underestimated by the Proposed

Transport Rule CAMx 2016 base case (74.9 ppb) by 11.7

ppb (-13.5%). Whereas, the DM/NFR ozone SIP CAMx

2016 base case highest estimated ozone concentration at

Chatfield (86.4) matched the observed value (86.6 ppb)

almost exactly (within 0.2 ppb or 0.0% difference). The

fourth highest observed MDA8 ozone concentration at

Chatfield (78.0 ppb) is underestimated by the Proposed

Transport Rule CAMx 2016 base case (71.9 ppb) by 6.1

ppb (-7.8%), while the DM/NFR ozone SIP CAMx base

case fourth highest ozone at Chatfield (78.1 ppb) matches

the observed fourth highest ozone very well (0.1 ppb and

0.0% difference).[...] The ozone under-prediction bias of

the Proposed Transport Rule CAMx 2016 base case at

RFNO is even greater than at CHAT with the four highest

observed ozone concentrations underestimated by -11%

to -19%. The DM/NFR ozone SIP CAMx 2016 base case

also underestimates the four highest observed MDA8

ozone concentrations at RFNO but the underestimation

bias (-4% to -10%) is approximately half of the Proposed

Transport Rule underestimation bias. For example, the

observed fourth highest MDA8 ozone at RFNO (79.5%) is

underestimated by the Proposed Transport Rule by -11%

(70.9 ppb) but is only underestimated by the DM/NFR

ozone SIP CAMx 2016 base case by -4% (76.3 ppb), which

achieves the ≤±5% ozone performance goal.

[...]

123a

Appendix E

4.6 Conclusions On Future Year Projected Ozone Design

Values at DM / NFR Nonattainment / Maintenance

Receptors

Based on scientific technical arguments, the coarse 12km grid resolution used in the Proposed Transport Rule

CAMx modeling will likely overstate future year design

value projections. This was confirmed by the DM/NFR

2023 Severe/Moderate ozone SIP CAMx 4-km grid

resolution modeling that produced lower future year

projected design values resulting in Chatfield and Rocky

Flats North no longer being nonattainment/maintenance

receptors in 2026.

[...]

Utah was linked to three receptors in the DM/NFR

NAA (CHAT, RFNO and NREL). Two of these receptors

(CHAT and RFNO) become attainment receptors based

on the refined DM/NFR Severe/Moderate ozone SIP

CAMx modeling, although NREL receptor remained

a nonattainment receptor in the DM/NFR ozone SIP

CAMx modeling (see Table 4-5 [available in full comment]).

However, Utah has a 0.90 ppb ozone contribution to the

NREL receptor in 2026 and, as discussed in Chapter 7, this

contribution is not a statistically significant contribution to

an ozone design value. This argues that Utah should also

not be subject to the 2026 EGU and non-EGU controls in

the Proposed Transport Rule.

5.2 Coarse Grid Resolution Will Understate O

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Joint Appendix — Oklahoma, et al., Petitioners v. Environmental Protection Agency, et al. | Frix