Approval and Promulgation of Implementation Plans; State of Oregon; Regional Haze State Implementation Plan, 12651-12664 [2011-5198]
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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Proposed Rules
12651
• Mail: Keith Rose, EPA Region 10,
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107, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
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Continued
27. A commenter at the first public
hearing suggested that the timeframe for
miners’ review of the CPDM
Performance Plan be expanded. For
clarification, in developing the
proposed rule, MSHA relied on the
timeframe and process in the existing
requirements for mine ventilation plans.
In the proposal, MSHA did not intend
to change the existing timeframe and
process and stated that the proposed
rule is consistent with ventilation plan
requirements and would allow miners’
representatives the opportunity to
meaningfully participate in the process.
Dated: March 2, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2011–5127 Filed 3–7–11; 8:45 am]
BILLING CODE 4510–43–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2011–0035, FRL–9276–6]
Approval and Promulgation of
Implementation Plans; State of
Oregon; Regional Haze State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision, submitted by the State of
Oregon on December 20, 2010, with
supplemental information submitted
February 1, 2011, as meeting the
requirements of Clean Air Act (CAA)
section 110(a)(2)(D)(i)(II) as it applies to
visibility for the 1997 8-hour ozone and
1997 particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). EPA is also proposing to
approve a portion of the SIP submittal,
as meeting certain requirements of the
regional haze program, including the
Federal regulations for best available
retrofit technology (BART).
DATES: Written comments must be
received at the address below on or
before April 7, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2011–0035, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Keith Rose at R10Public_Comments@epa.gov.
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SUMMARY:
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www.regulations.gov or in hard copy at
the Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle,
WA 98101. EPA requests that if at all
possible, you contact the individual
listed below to view the hard copy of
the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Keith Rose at telephone number (206)
553–1949, rose.keith@epa.gov or the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the
EPA. Information is organized as
follows:
Table of Contents
I. Background for EPA’s Proposed Action
A. Definition of Regional Haze
B. Regional Haze Rules and Regulations
C. Roles of Agencies in Addressing
Regional Haze
D. Interstate Transport for Visibility
II. Requirements for Regional Haze SIPs
A. The CAA and the Regional Haze Rule
B. Determination of Baseline, Natural, and
Current Visibility Conditions
C. Consultation With States and Federal
Land Managers
D. Best Available Retrofit Technology
III. EPA’s Analysis of Oregon’s Regional Haze
SIP
A. Affected Class I Areas
B. Baseline and Natural Conditions and
Uniform Rate of Progress
C. Oregon Emissions Inventories
D. Sources of Visibility Impairment in
Oregon Class I Areas
E. Best Available Retrofit Technology
(BART)
IV. EPA’s Analysis of Oregon’s Regional Haze
Rules
V. EPA’s Analysis of Whether the Oregon
Regional Haze SIP Submittal Meets
Interstate Transport Requirements
VI. What action is EPA proposing?
VII. Oregon Notice Provision
VIII. Statutory and Executive Order Reviews
I. Background for EPA’s Proposed
Action
In the CAA Amendments of 1977,
Congress established a program to
protect and improve visibility in the
national parks and wilderness areas. See
CAA section 169(A). Congress amended
the visibility provisions in the CAA in
1990 to focus attention on the problem
of regional haze. See CAA section
169(B). EPA promulgated regulations in
1999 to implement sections 169A and
169B of the Act. These regulations
require States to develop and implement
plans to ensure reasonable progress
toward improving visibility in
mandatory Class I Federal areas 1 (Class
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
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I areas). 64 FR 35714 (July 1, 1999); see
also 70 FR 39104 (July 6, 2005) and 71
FR 60612 (October 13, 2006).
In this action, EPA is proposing to
approve certain provisions of Oregon’s
Regional Haze SIP submission
addressing the requirements for best
available retrofit technology (BART), the
calculation of baseline and natural
visibility conditions, and the statewide
inventory of visibility-impairing
pollutants. EPA is also proposing to
approve the provisions of Oregon’s SIP
submittal addressing BART as meeting
Oregon’s obligations under section
110(a)(2)(D)(i)(II) of the CAA for
visibility. EPA is not taking action today
on those provisions of the Regional
Haze SIP submittal related to reasonable
progress goals and the long term
strategy.
A. Definition of Regional Haze
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Regional haze is impairment of visual
range or colorization caused by
emission of air pollution produced by
numerous sources and activities, located
across a broad regional area. The
sources include but are not limited to,
major and minor stationary sources,
mobile sources, and area sources
including non-anthropogenic sources.
Visibility impairment is primarily
caused by fine particulate matter (PM2.5)
or secondary aerosol formed in the
atmosphere from precursor gasses (e.g.,
sulfur dioxide, nitrogen oxides, and in
some cases, ammonia and volatile
organic compounds). Atmospheric fine
particulate reduces clarity, color, and
visual range of visual scenes. Visibilityreducing fine particulates are primarily
composed of sulfate, nitrate, organic
carbon compounds, elemental carbon,
and soil dust, and impair visibility by
scattering and absorbing light. Fine
particulate can also cause serious health
effects and mortality in humans, and
contributes to environmental effects
such as acid deposition and
eutrophication.2
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977. 42 U.S.C.
7472(a). In accordance with section 169A of the
CAA, EPA, in consultation with the Department of
Interior, promulgated a list of 156 areas where
visibility is identified as an important value. 44 FR
69122 (November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes
in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although States and Tribes may designate
as Class I additional areas which they consider to
have visibility as an important value, the
requirements of the visibility program set forth in
section 169A of the CAA apply only to ‘‘mandatory
Class I Federal areas.’’ Each mandatory Class I
Federal area is the responsibility of a ‘‘Federal Land
Manager.’’ 42 U.S.C. 7602(i). When we use the term
‘‘Class I area’’ in this action, we mean a ‘‘mandatory
Class I Federal area.’’
2 See 64 FR at 35715.
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Data from the existing visibility
monitoring network, the ‘‘Interagency
Monitoring of Protected Visual
Environments’’ (IMPROVE) monitoring
network, show that visibility
impairment caused by air pollution
occurs virtually all the time at most
national parks and wilderness areas.
Average visual range in many Class I
areas in the Western United States is
100–150 kilometers, or about one-half to
two-thirds the visual range that would
exist without anthropogenic air
pollution.3 Visibility impairment also
varies day-to-day and by season
depending on variation in meteorology
and emission rates.
B. Regional Haze Rules and Regulations
In section 169A of the 1977 CAA
Amendments, Congress created a
program for protecting visibility in the
nation’s national parks and wilderness
areas. This section of the CAA
establishes as a national goal the
‘‘prevention of any future, and the
remedying of any existing, impairment
of visibility in Class I areas which
impairment results from manmade air
pollution.’’ CAA section 169A(a)(1). On
December 2, 1980, EPA promulgated
regulations to address visibility
impairment in Class I areas that is
‘‘reasonably attributable’’ to a single
source or small group of sources, i.e.,
‘‘reasonably attributable visibility
impairment’’. See 45 FR 80084. These
regulations represented the first phase
in addressing visibility impairment.
EPA deferred action on regional haze
that emanates from a variety of sources
until monitoring, modeling, and
scientific knowledge about the
relationships between pollutants and
visibility impairment were improved.
Congress added section 169B to the
CAA in 1990 to address regional haze
issues. EPA promulgated a rule to
address regional haze on July 1, 1999
(64 FR 35713) (the RHR). The RHR
revised the existing visibility
regulations to integrate into the
regulation provisions addressing
regional haze impairment and
established a comprehensive visibility
protection program for Class I areas. The
requirements for regional haze, found at
40 CFR 51.308 and 51.309, are included
in EPA’s visibility protection
regulations at 40 CFR 51.300–309. Some
of the main elements of the regional
haze requirements are summarized in
section III of this rulemaking. The
requirement to submit a regional haze
SIP applies to all 50 States, the District
3 Id.
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of Columbia and the Virgin Islands.4 40
CFR 51.308(b) requires States to submit
the first implementation plan
addressing regional haze visibility
impairment no later than December 17,
2007.
C. Roles of Agencies in Addressing
Regional Haze
Successful implementation of the
Regional Haze Program will require
long-term regional coordination among
States, Tribal governments, and various
Federal agencies. As noted above,
pollution affecting the air quality in
Class I areas can be transported over
long distances, even hundreds of
kilometers. Therefore, to effectively
address the problem of visibility
impairment in Class I areas, States need
to develop strategies in coordination
with one another, taking into account
the effect of emissions from one
jurisdiction on the air quality in
another.
Because the pollutants that lead to
regional haze impairment can originate
from across State lines, EPA has
encouraged the States and Tribes to
address visibility impairment from a
regional perspective. Five regional
planning organizations 5 (RPOs) were
created nationally to address regional
haze and related issues. One of the main
objectives of the RPOs is to develop and
analyze data and conduct pollutant
transport modeling to assist the States or
Tribes in developing their regional haze
plans.
The Western Regional Air Partnership
(WRAP),6 one of the five RPOs
nationally, is a voluntary partnership of
State, Tribal, Federal, and local air
agencies dealing with air quality in the
West. WRAP member States include:
Alaska, Arizona, California, Colorado,
Idaho, Montana, New Mexico, North
Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming. WRAP
Tribal members include Campo Band of
Kumeyaay Indians, Confederated Salish
and Kootenai Tribes, Cortina Indian
Rancheria, Hopi Tribe, Hualapai Nation
of the Grand Canyon, Native Village of
Shungnak, Nez Perce Tribe, Northern
Cheyenne Tribe, Pueblo of Acoma,
Pueblo of San Felipe, and ShoshoneBannock Tribes of Fort Hall.
4 Albuquerque/Bernalillo County in New Mexico
must also submit a regional haze SIP to completely
satisfy the requirements of section 110(a)(2)(D) of
the CAA for the entire State of New Mexico under
the New Mexico Air Quality Control Act (section
74–2–4).
5 See https://www.epa.gov/air/visibility/
regional.html for description of the regional
planning organizations.
6 The WRAP Web site can be found at https://
www.wrapair.org.
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D. Interstate Transport for Visibility
On July 18, 1997, EPA promulgated
new NAAQS for 8-hour ozone and for
PM2.5. 62 FR 38652. Section 110(a)(1) of
the CAA requires States to submit a plan
to address certain requirements for a
new or revised NAAQS within three
years after promulgation of such
standards, or within such shorter time
as EPA may prescribe. Section 110(a)(2)
of the CAA lists the elements that such
new plan submissions must address, as
applicable, including section
110(a)(2)(D)(i), which pertains to the
interstate transport of certain emissions.
On April 25, 2005, EPA published a
‘‘Finding of Failure to Submit SIPs for
Interstate Transport for the 8-hour
Ozone and PM2.5 NAAQS.’’ 70 FR
21147. This included a finding that
Oregon and other States had failed to
submit SIPs to address interstate
transport of emissions affecting
visibility and started a 2-year clock for
the promulgation of Federal
Implementation Plans (FIPs) by EPA,
unless the States made submissions to
meet the requirements of section
110(a)(2)(D)(i) and EPA approves such
submissions. Id.
On August 15, 2006, EPA issued
guidance on this topic entitled
‘‘Guidance for State Implementation
Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under section
110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality
Standards’’ (2006 Guidance). We
developed the 2006 Guidance to make
recommendations to States for making
submissions to meet the requirements of
section 110(a)(2)(D)(i) for the 1997
8-hour ozone standards and the 1997
PM2.5 standards.
As identified in the 2006 Guidance,
the ‘‘good neighbor’’ provisions in
section 110(a)(2)(D)(i) of the CAA
require each State to have a SIP that
prohibits emissions that adversely affect
other States in ways contemplated in
the statute. Section 110(a)(2)(D)(i)
contains four distinct requirements
related to the impacts of interstate
transport. The SIP must prevent sources
in the State from emitting pollutants in
amounts which will: (1) Contribute
significantly to nonattainment of the
NAAQS in other States; (2) interfere
with maintenance of the NAAQS in
other States; (3) interfere with
provisions to prevent significant
deterioration of air quality in other
States; or (4) interfere with efforts to
protect visibility in other States.
With respect to establishing that
emissions from sources in the State
would not interfere with measures in
other States to protect visibility, the
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2006 Guidance recommended that
States make a submission indicating
that it was premature, at that time, to
determine whether there would be any
interference with measures in the
applicable SIP for another State
designed to ‘‘protect visibility’’ until the
submission and approval of regional
haze SIPs. Regional haze SIPs were
required to be submitted by December
17, 2007. See 74 FR 2392. At this later
point in time, however, EPA believes it
is now necessary to evaluate such
110(a)(2)(D)(i) submissions from a State
to ensure that the existing SIP, or the
SIP as modified by the submission,
contains adequate provisions to prevent
interference with the visibility programs
of other States, such as for consistency
with the assumptions for controls relied
upon by other States in establishing
reasonable progress goals to address
regional haze.
The Regional Haze Program, as
reflected in the RHR, recognizes the
importance of addressing the long-range
transport of pollutants for visibility and
encourages States to work together to
develop plans to address haze. The
regulations explicitly require each State
to address its ‘‘share’’ of the emission
reductions needed to meet the
reasonable progress goals for
neighboring Class I areas. States,
working together through a regional
planning process, are required to
address an agreed-upon share of their
contribution to visibility impairment in
the Class I areas of their neighbors. 40
CFR 51.308(d)(3)(ii). Given these
requirements, we anticipate that
regional haze SIPs will contain
measures that will achieve these
emissions reductions, and that these
measures will meet the requirements of
section 110(a)(2)(D)(i).
As a result of the regional planning
efforts in the West, all States in the
WRAP region contributed information
to a Technical Support System (TSS)
which provides an analysis of the
causes of haze, and the levels of
contribution from all sources within
each State to the visibility degradation
of each Class I area. The WRAP States
consulted in the development of
reasonable progress goals, using the
products of this technical consultation
process to co-develop their reasonable
progress goals for the Western Class I
areas. The modeling done by the WRAP
relied on assumptions regarding
emissions over the relevant planning
period and embedded in these
assumptions were anticipated emissions
reductions in each of the States in the
WRAP, including reductions from
BART and other measures to be adopted
as part of the State’s long term strategy
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12653
for addressing regional haze. The
reasonable progress goals in the draft
and final regional haze SIPs that have
now been prepared by States in the
West accordingly are based, in part, on
the emissions reductions from nearby
States that were agreed on through the
WRAP process.
Oregon submitted a Regional Haze SIP
on July 16, 2009 to address the
requirements of the RHR. On September
11, 2009, EPA determined that this SIP
submission was complete. Oregon
submitted a revised Regional Haze SIP
on December 20, 2010, replacing the
July 2009 submission. On February 1,
2011, Oregon provided EPA additional
information to address the requirements
of the RHR and the good neighbor
provisions of section 110(a)(2)(D)(i)(II))
of the Act, regarding visibility for the
1997 8-hour ozone NAAQS and the
1997 PM2.5 NAAQS. EPA has reviewed
the submittal and concluded at this time
to propose to take action on only certain
elements of Oregon’s Regional Haze SIP.
EPA is required to take final action
either to approve Oregon’s SIP
submittal, or otherwise to take action to
meet the requirements of section
110(a)(2)(D)(i)(II) regarding visibility on
or before June 21, 2011.7 EPA is
proposing to find that certain elements
of Oregon’s Regional Haze SIP submittal
meet these requirements. In particular,
as explained in section V of this action,
EPA is proposing to find that the BART
measures in Oregon’s Regional Haze SIP
submittal, which EPA is proposing to
approve in this action, will also mean
that the Oregon SIP meets the
requirements of section
110(a)(2)(D)(i)(II) regarding visibility for
the 1997 8-hour ozone and 1997 PM2.5
NAAQS.
II. Requirements for Regional Haze
SIPs
A. The CAA and the Regional Haze Rule
Regional haze SIPs must assure
reasonable progress towards the
national goal of achieving natural
visibility conditions in Class I areas.
Section 169A of the CAA and EPA’s
implementing regulations require States
to establish long-term strategies for
making reasonable progress toward
meeting this goal. Implementation plans
must also give specific attention to
certain stationary sources that were in
existence on August 7, 1977, but were
not in operation before August 7, 1962,
and require these sources, where
appropriate, to install BART controls for
7 Wildearth Guardians v. Jackson, Case No. 4:09–
CV–02453–CW (N.D. Calif) (as modified by Jan 14,
2011 Order Granting Motion to Modify Consent
Decree).
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the purpose of eliminating or reducing
visibility impairment. The specific
regional haze SIP requirements are
discussed in further detail below.
B. Determination of Baseline, Natural,
and Current Visibility Conditions
The RHR establishes the deciview
(dv) as the principal metric for
measuring visibility. This visibility
metric expresses uniform changes in
haziness in terms of common
increments across the entire range of
visibility conditions, from pristine to
extremely hazy conditions. Visibility is
determined by measuring the visual
range (or deciview), which is the
greatest distance, in kilometers or miles,
at which a dark object can be viewed
against the sky. The deciview is a useful
measure for tracking progress in
improving visibility, because each
deciview change is an equal incremental
change in visibility perceived by the
human eye. Most people can detect a
change in visibility at one deciview.8
The deciview is used in expressing
reasonable progress goals (which are
interim visibility goals towards meeting
the national visibility goal), defining
baseline, current, and natural
conditions, and tracking changes in
visibility. The regional haze SIPs must
contain measures that ensure
‘‘reasonable progress’’ toward the
national goal of preventing and
remedying visibility impairment in
Class I areas caused by manmade air
pollution by reducing anthropogenic
emissions that cause regional haze. The
national goal is a return to natural
conditions, i.e., anthropogenic sources
of air pollution would no longer impair
visibility in Class I areas.
To track changes in visibility over
time at each of the 156 Class I areas
covered by the visibility program (40
CFR 81.401–437), and as part of the
process for determining reasonable
progress, States must calculate the
degree of existing visibility impairment
at each Class I area at the time of each
regional haze SIP submittal and
periodically review progress every five
years midway through each 10-year
implementation period. To do this, the
RHR requires States to determine the
degree of impairment (in deciviews) for
the average of the 20% least impaired
(‘‘best’’) and 20% most impaired
(‘‘worst’’) visibility days over a specified
time period at each of their Class I areas.
In addition, States must also develop an
estimate of natural visibility conditions
for the purpose of comparing progress
8 The preamble to the RHR provides additional
details about the deciview. 64 FR 35714, 35725
(July 1,1999).
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toward the national goal. Natural
visibility is determined by estimating
the natural concentrations of pollutants
that cause visibility impairment, and
then calculating total light extinction
based on those estimates. EPA has
provided guidance to States regarding
how to calculate baseline, natural and
current visibility conditions in
documents titled, EPA’s Guidance for
Estimating Natural Visibility Conditions
Under the Regional Haze Rule,
September 2003, (EPA–454/B–03–005
located at https://
www.epa.gov/ttncaaa1/t1/memoranda/
rh_envcurhr_gd.pdf), (hereinafter
referred to as ‘‘EPA’s 2003 Natural
Visibility Guidance’’), and Guidance for
Tracking Progress Under the Regional
Haze Rule (EPA–454/B–03–004
September 2003 located at https://
www.epa.gov/ttncaaa1/t1/memoranda/
rh_tpurhr_gd.pdf), (hereinafter referred
to as ‘‘EPA’s 2003 Tracking Progress
Guidance’’).
For the first regional haze SIPs that
were due by December 17, 2007,
‘‘baseline visibility conditions’’ were the
starting points for assessing ‘‘current’’
visibility impairment. Baseline visibility
conditions represent the degree of
visibility impairment for the 20% least
impaired days and 20% most impaired
days for each calendar year from 2000
to 2004. Using monitoring data for 2000
through 2004, States are required to
calculate the average degree of visibility
impairment for each Class I area, based
on the average of annual values over the
five-year period. The comparison of
initial baseline visibility conditions to
natural visibility conditions indicates
the amount of improvement necessary
to attain natural visibility, while the
future comparison of baseline
conditions to the then-current
conditions will indicate the amount of
progress made. In general, the 2000–
2004 baseline time period is considered
the time from which improvement in
visibility is measured.
C. Consultation With States and Federal
Land Managers
The RHR requires that States consult
with Federal Land Managers (FLMs)
before adopting and submitting their
SIPs. See 40 CFR 51.308(i). States must
provide FLMs an opportunity for
consultation, in person and at least 60
days prior to holding any public hearing
on the SIP. This consultation must
include the opportunity for the FLMs to
discuss their assessment of visibility
impairment in any Class I area and to
offer recommendations on the
development of the reasonable progress
goals and on the development and
implementation of strategies to address
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visibility impairment. Further, a State
must include in its SIP a description of
how it addressed any comments
provided by the FLMs. Finally, a SIP
must provide procedures for continuing
consultation between the State and
FLMs regarding the State’s visibility
protection program, including
development and review of SIP
revisions, five-year progress reports, and
the implementation of other programs
having the potential to contribute to
impairment of visibility in Class I areas.
D. Best Available Retrofit Technology
Section 169A of the CAA directs
States to evaluate the use of retrofit
controls at certain larger, often
uncontrolled, older stationary sources in
order to address visibility impacts from
these sources. Specifically, section
169A(b)(2)(A) of the CAA requires
States to revise their SIPs to contain
such measures as may be necessary to
make reasonable progress towards the
natural visibility goal, including a
requirement that certain categories of
existing major stationary sources 9 built
between 1962 and 1977 procure, install,
and operate the ‘‘Best Available Retrofit
Technology’’ as determined by the State.
States are directed to conduct BART
determinations for such sources that
may be anticipated to cause or
contribute to any visibility impairment
in a Class I area. Rather than requiring
source-specific BART controls, States
also have the flexibility to adopt an
emissions trading program or other
alternative program as long as the
alternative provides greater reasonable
progress towards improving visibility
than BART.
On July 6, 2005, EPA published the
Guidelines for BART Determinations
Under the Regional Haze Rule at
appendix Y to 40 CFR Part 51
(hereinafter referred to as the ‘‘BART
Guidelines’’) to assist States in
determining which of their sources
should be subject to the BART
requirements and in determining
appropriate emission limits for each
applicable source. In making a BART
applicability determination for a fossil
fuel-fired electric generating plant with
a total generating capacity in excess of
750 megawatts, a State must use the
approach set forth in the BART
Guidelines. A State is encouraged, but
not required, to follow the BART
Guidelines in making BART
determinations for other types of
sources.
States must address all visibilityimpairing pollutants emitted by a source
9 The set of ‘‘major stationary sources’’ potentially
subject to BART is listed in CAA section 169A(g)(7).
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in the BART determination process. The
most significant visibility-impairing
pollutants are sulfur dioxide, nitrogen
oxides, and fine particulate matter. EPA
has indicated that States should use
their best judgment in determining
whether volatile organic compounds or
ammonia compounds impair visibility
in Class I areas.
Under the BART Guidelines, States
may select an exemption threshold
value for their BART modeling, below
which a BART-eligible source would
not be expected to cause or contribute
to visibility impairment in any Class I
area. The State must document this
exemption threshold value in the SIP
and must state the basis for its selection
of that value. Any source with
emissions that model above the
threshold value would be subject to a
BART determination review. The BART
Guidelines acknowledge varying
circumstances affecting different Class I
areas. States should consider the
number of emission sources affecting
the Class I areas at issue and the
magnitude of the individual sources’
impacts. Generally, an exemption
threshold set by the State should not be
higher than 0.5 deciview.
In their SIPs, States must identify
potential BART sources, described as
‘‘BART-eligible sources’’ in the RHR, and
document their BART control
determination analyses. The term
‘‘BART-eligible source’’ used in the
BART Guidelines means the collection
of individual emission units at a facility
that together comprises the BARTeligible source. In making BART
determinations, section 169A(g)(2) of
the CAA requires that States consider
the following factors: (1) The costs of
compliance, (2) the energy and non-air
quality environmental impacts of
compliance, (3) any existing pollution
control technology in use at the source,
(4) the remaining useful life of the
source, and (5) the degree of
improvement in visibility which may
reasonably be anticipated to result from
the use of such technology. States are
free to determine the weight and
significance to be assigned to each
factor.
A regional haze SIP must include
source-specific BART emission limits
and compliance schedules for each
source subject to BART. Once a State
has made its BART determination, the
BART controls must be installed and in
operation as expeditiously as
practicable, but no later than five years
after the date EPA approves the regional
haze SIP. CAA section 169(g)(4). 40 CFR
51.308(e)(1)(iv). In addition to what is
required by the RHR, general SIP
requirements mandate that the SIP must
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also include all regulatory requirements
related to monitoring, recordkeeping,
and reporting for the BART controls on
the source. States have the flexibility to
choose the type of control measures
they will use to meet the requirements
of BART.
III. EPA’s Analysis of Oregon’s
Regional Haze SIP
A. Affected Class I Areas
There are 12 mandatory Class I areas,
or portions of such areas within Oregon:
Mt. Hood Wilderness Area, Mt. Jefferson
Wilderness Area, Mt Washington
Wilderness Area, Kalmiopsis
Wilderness Area, Mountain Lakes
Wilderness Area, Gearhart Mountain
Wilderness Area, Crater Lake National
Park, Diamond Peak Wilderness Area,
Three Sisters Wilderness Area,
Strawberry Mountain Wilderness Area,
Eagle Cap Wilderness Area, and Hells
Canyon Wilderness Area. Hells Canyon
Wilderness Area is shared with the State
of Idaho. See 40 CFR 81.425. Oregon is
responsible for developing reasonable
progress goals (RPGs) for these 12 Class
I areas. Oregon Department of
Environmental Quality (ODEQ)
consulted with the appropriate State air
quality agency in Washington, Idaho,
California, and Nevada to determine
Oregon’s contribution to haze in
neighboring States’ Class I areas. See
chapter 13, section 13.2 of the Oregon
Regional Haze SIP submittal. See also
the WRAP Technical Support
Document, February 28, 2011 (WRAP
TSD) supporting this action.10
B. Baseline and Natural Conditions and
Uniform Rate of Progress
Oregon, using data from the
IMPROVE monitoring network and
analyzed by WRAP, established baseline
and natural visibility conditions as well
as the uniform rate of progress (URP) to
achieve natural visibility conditions by
2064 for all Oregon Class I areas within
its borders.
Baseline visibility for the mostimpaired (20% worst) days and the
least-impaired (20% best) days was
calculated from monitoring data
collected by IMPROVE monitors. Not
every Class I area has an IMPROVE
monitor, rather a monitor in a Class I
area may represent the air quality and
visibility conditions for more than a
single Class I area. The Class I areas that
are represented by a monitor in a nearby Class I area were determined by the
10 EPA evaluated the technical work products of
the WRAP used by Oregon in support of this
Regional Haze SIP submittal. The results of that
evaluation are included in the WRAP Technical
Support Document.
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States and the IMPROVE Steering
Committee. This decision was based on
the Class I areas in a group having the
same general visibility conditions.
IMPROVE monitors are located in six
Oregon Class I areas and represent all 12
Oregon Class I areas. Specifically, the
Oregon Class I areas are segregated into
six groups. These groups and Class I
areas are:
• North Cascades: Mt. Hood
Wilderness Area.
• Central Cascades: Mt. Jefferson, Mt.
Washington, and Three Sisters
Wilderness Areas.
• Southern Cascades: Crater Lake
National Park, Diamond Peak, Mountain
Lakes, and Gearhart Wilderness Areas.
• Coast Range: Kalmiopsis
Wilderness Area.
• Eastern Oregon: Strawberry
Mountain and Eagle Cap Wilderness
Areas.
• Eastern Oregon/Western Idaho:
Hells Canyon Wilderness Area.
In general, WRAP based their
estimates of natural conditions on EPA
guidance, Guidance for Estimating
Natural Visibility Conditions Under the
Regional Haze Program (EPA–45/B–03–
0005 September 2003) but incorporated
refinements which EPA believes
provides results more appropriate for
western States than the general EPA
default approach. See section 2.D and
2.E of the WRAP TSD, supporting this
action.
Visibility on 20% worst days during
the 2000–04 baseline period for each
group of Oregon Class I areas is:
• North Cascades—14.9 dv
• Central Cascades—15.3 dv
• Southern Cascades—13.7 dv
• Coast Range—15.5 dv
• Eastern Oregon—18.6 dv
• Eastern Oregon/Western Idaho—
18.6 dv
Visibility on 20% best days during the
2000–04 baseline period for each group
of Oregon Class I areas is:
• North Cascades—2.2 dv
• Central Cascades—3.0 dv
• Southern Cascades—1.7 dv
• Coast Range—6.3 dv
• Eastern Oregon—4.5 dv
• Eastern Oregon/Western Idaho—5.5
dv
Natural visibility conditions on the
20% worst days for each group of Class
I areas are:
• Northern Cascades—8.4 dv
• Central Cascades—8.8 dv
• Southern Cascades—7.6 dv
• Coast Range—9.4 dv
• Eastern Oregon—8.9 dv
• Eastern Oregon/Western Idaho –8.3
dv
The 2018 Uniform Rate of Progress
(URP) goal for the 20% worst days in
each group of Class I areas is:
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• North Cascades—13.4 dv
• Central Cascades—13.8 dv
• Southern Cascades—12.3 dv
• Coast Range—14.1 dv
• Eastern Oregon –16.3 dv
• Eastern Oregon/Western Idaho—
16.2 dv
Baseline visibility conditions, 2064
natural conditions, and reductions
needed to achieve the 2018 URP for the
20% worst days for each group of
Oregon Class I areas are identified in
table 6–1 of chapter 6 of the Oregon
Regional Haze Plan.
Based on our evaluation of the State’s
baseline and natural conditions
analysis, EPA is proposing to find that
Oregon has appropriately determined
baseline visibility for the average 20%
worst and 20% best days, and natural
visibility conditions for the average 20%
worst days in each Oregon Class I area.
See sections 2.D and 2.E of the WRAP
TSD supporting this action.
C. Oregon Emissions Inventories
There are three main categories of air
pollution emission sources: point
sources, area sources, and mobile
sources. Point sources are larger
stationary sources that emit air
pollutants. Area sources are large
numbers of small sources that are
widely distributed across an area, such
as residential heating units, re-entrained
dust from unpaved roads or windblown
dust from agricultural fields. Mobile
sources are sources such as motor
vehicles, locomotives and aircraft.
EPA’s Regional Haze Rule requires a
statewide emission inventory of
pollutants that are reasonably
anticipated to cause or contribute to
visibility impairment in any mandatory
Class I area. 40 CFR 51.308(d)(4)(v). The
WRAP, with data supplied by the States,
compiled emission inventories for all
major source categories in Oregon and
estimated the 2002 baseline year (based
on an average of 2000–2004). Oregon
also compiled an emission inventory for
2018. Emission estimates for 2018 were
generated from anticipated population
growth, growth in industrial activity,
and emission reductions from
implementation of control measures,
e.g., implementation of BART
limitations and motor vehicle tailpipe
emissions.
Chapter 8 of the Oregon Regional
Haze SIP submittal discusses how
emission estimates were determined for
statewide emission inventories by
pollutant and source category.
Appendix A of the Oregon Regional
Haze Plan identifies the Oregon
emission inventory by county. Detailed
estimates of the emissions used in the
modeling conducted by the WRAP for
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Oregon can be found at the WRAP Web
site: https://vista.cira.colostate.edu/TSS/
Results/Emissions.aspx.
The Oregon Regional Haze SIP
submittal identifies total emissions for
all visibility-impairing pollutants
including sulfur dioxide (SO2), nitrogen
oxides (NOX), volatile organic
compounds (VOC), organic carbon (OC),
elemental carbon (EC), other fine
particulate (PM2.5), coarse particulate
matter (PM coarse), and ammonia (NH3).
These emission estimates were
partitioned into nine emission source
categories: Point source, area source, onroad mobile, off-road mobile,
anthropogenic fire (prescribed fire and
agricultural field burning), natural fire,
road dust, and fugitive dust. See chapter
8.1 of the Oregon Regional Haze SIP
submittal for additional detail on how
the statewide emission inventory was
developed, and for tables showing the
emissions inventory for each pollutant
by source category. The methods that
WRAP used to develop these emission
inventories are described in more detail
in the WRAP TSD. As explained in the
WRAP TSD, emissions were calculated
using best available data and approved
EPA methods. See WRAP TSD section 3.
Point sources in Oregon account for
39% (18,493 tons/year) of total Statewide SO2 emissions. The most
significant point sources are coal-fired
electrical generation units. Area sources
(such as Pacific offshore shipping, wood
combustion, and natural gas
combustion) contribute about 21%
(9,932 tons/year) to Oregon statewide
SO2 emissions. On-road mobile and offroad mobile sources contribute a
combined total of 21% (9,981 tons/year)
of the Oregon SO2 emissions. In the
Oregon Regional Haze SIP submittal, the
State projected SO2 reductions of 57%
in point sources, 15% in area sources,
94% combined reduction in on-road
and off-road mobile source emissions,
and 17% in anthropogenic fire
emissions by 2018 (see Chapter 8 of the
Oregon Regional Haze Plan).
Upon further review, EPA determined
that the 57% reduction in point source
emissions was partially based on
WRAP’s assumption of an SO2 emission
rate of 0.15 lb/mmBtu (presumptive
limit for utility boilers identified in the
BART Guidelines, see Section IV. E.4.)
from the PGE Boardman coal fired
power plant by 2018. The remaining
SO2 point emission reductions in
Oregon would be achieved through
ongoing and new industrial control
requirements, and projected source
retirements and shutdowns. However,
the BART determination for PGE
Boardman based on a 2020 plant
lifetime, which EPA proposes to
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approve in this rulemaking (see section
III. E.4 below), achieves an SO2
emission limit of 0.30 lb/mmBtu by
2018, or about 4,000 ton/year less SO2
reductions than assumed by WRAP.
Thus, statewide point source emission
reductions of SO2 are estimated by EPA
to be 35% by 2018. However, if PGE
Boardman ceases to burn coal by 2020,
as it would under the proposed
approved BART determination, there
will be an estimated 76% reduction is
SO2 from point sources by 2020 which
will provide a substantial improvement
at that time in visibility in all 14 Class
I areas currently impacted by PGE
Boardman.
On-road mobile sources account for
43% (111,646 tons/year) of the total
NOX statewide emissions in Oregon.
Off-road mobile sources account for
21% (53,896 tons/year), natural fire
accounts for 11% (27,397 tons/year),
and point sources account for 10%
(26,160 tons/year) of the statewide NOX
emissions. The State expects on-road
and off-road mobile source emissions to
decline by 62% and 40%, respectively,
by 2018, due to Federally mandated
emission standards for mobile sources.
The State also projects NOX emissions
from point sources will decrease by 5%
(or 1,213 tons/year). After evaluating the
assumptions on which this 5%
reduction was based, it appears that the
5% reduction does not include
presumptive NOX emission reductions
from the PGE Boardman facility by
2018. The presumptive NOX emission
limit for utility boilers, like PGE
Boardman boiler, is 0.23 lb/mmBtu.
EPA BART Guidelines (Section IV
(E)(5)). The current NOX emission limit
for the PGE Boardman is 0.43 lb/
mmBtu, which results in emissions of
about 10,300 tons/year (based on 2007
actual emissions). The BART
determination for PGE Boardman based
on it ceasing to burn coal by 2020,
which EPA proposes to approve in this
rulemaking (see section III. E.4 below),
achieves a NOX emission limit of 0.23
lb/mmBtu, or annual emissions of about
5,500 tons/year (a 47% reduction) by
2013. Thus, in EPA’s estimation, there
will be about a 23% reduction in NOX
emissions from all Oregon point sources
by 2018. The State expects emissions
from natural fire to remain unchanged
by 2018. The net effect of these
projected emissions results in a 37%
overall reduction in NOX emissions in
Oregon by 2018.
Most of the organic carbon emissions
in Oregon are from natural fire, which
fluctuate greatly from year to year. For
2002, about 68% of statewide organic
carbon emissions in Oregon were due to
natural fire. Anthropogenic fire
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(prescribed fire, agricultural field
burning, and outdoor residential
burning) accounts for 9% of the
statewide organic carbon emissions. A
variety of other area sources contribute
a total of 19% of the statewide organic
carbon, with residential wood
combustion being a significant
component. The State expects area
source emissions to increase slightly
(7%) by 2018, due mostly to population
increases. The State projects the most
significant reductions in organic carbon
by 2018 will be from point sources
(80%) due to anticipated emission
controls, off-road mobile (36%) due to
implementation of the Federal mobile
source regulations, and anthropogenic
fire (28%) due to stricter Oregon rules
controlling prescribed burning,
agricultural burning, and residential
burning. However, because natural fire
emissions are expected to remain
unchanged, total organic carbon
emissions are estimated to decline by
only 3% by 2018.
Elemental carbon is associated with
incomplete combustion. Like organic
carbon, the primary source of elemental
carbon in Oregon is natural fire (61%),
area sources (such as wood combustion)
(15%), and off-road mobile sources
(12%). The State projects an increase of
elemental carbon area source emissions
by 6% due to population growth.
Oregon estimates a decrease of
combined on-road and off-road mobile
source elemental carbon by about 65%
by 2018. This reduction in mobile
source emissions results from new
Federal mobile source emission
regulations. However, because
elemental carbon emissions are
dominated by natural fire, which are
expected to remain unchanged, the State
projects only an 11% reduction in State
wide elemental carbon emissions by
2018.
Other fine particulates, particles with
an aerodynamic diameter of less than
2.5 micrometers (PM2.5), are emitted
directly from a variety of area sources.
Area sources are responsible for 34% of
all directly-emitted PM2.5 emissions in
Oregon. Wind-blown dust from
agriculture, mining, construction, and
roads contribute about 25% to the total
statewide PM2.5 emissions. The State
projects a 12% increase in area source
emissions due to population and
economic growth, and wind-blown dust
emissions to remain unchanged by
2018, resulting in a statewide 2%
reduction in total PM2.5 by 2018.
Coarse particulate matter (PM coarse)
is particulate matter within the size
range of 2.5–10 micrometers. PM coarse
emission sources include windblown
dust, rock crushing and processing,
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material transfer, and open pit mining.
Windblown dust is the dominant source
of PM coarse emissions in Oregon at
104,274 tons/year (60%). Statewide PM
coarse emissions are estimated to
increase by 17% in 2018, primarily
because emissions from fugitive dust
sources (construction, paved roads, and
unpaved roads) are expected to increase
106% due to population growth, and
windblown dust will remain
unchanged.
Volatile organic compound (VOC)
emissions are dominated by biogenic
emissions from forests and vegetation,
which account for about 70% of
statewide Oregon VOC emissions. In
Oregon, agricultural crops and urban
vegetation are also significant sources.
Other sources of VOCs are mobile
sources at 8%, and area sources
(industrial and commercial facilities,
and residential solvent use) at 15%.
Oregon projects that statewide area
source emissions will increase by 36%
by 2018, primarily due to population
growth. As a result, the State estimates
that total Oregon VOC emissions will
increase by 2% by 2018.
Ammonia (NH3) does not directly
impair visibility but can be a precursor
to the formation of particulate in the
atmosphere through chemical reaction
with SO2 and NOX to form ‘‘secondary
aerosol’’ sulfate and nitrate. About 80%
of the NH3 emissions in Oregon come
from agricultural-related activities,
primarily livestock operations and farm
fertilizer applications. Since the NH3
emissions from these agricultural
sources are expected to remain
unchanged by 2018, and mobile source
emissions of NH3 are projected to
increase by 45% (1,463 tons/year) by
2018, Oregon projects that there will be
a total 2% increase of NH3 emissions by
2018.
D. Sources of Visibility Impairment in
Oregon Class I Areas
Each pollutant species has its own
visibility impairing property; 1 μg/m3 of
sulfate at high humidity, for example, is
more effective in scattering light than 1
μg/m3 of organic carbon and therefore
impairs visibility more than organic
carbon. Following the approach
recommended by the WRAP, and as
explained more fully below, Oregon
used a two step process to identify the
contribution of each source or source
category to existing visibility
impairment. First, ambient pollutant
concentration by species (such as
sulfate, nitrate, organic carbon, and
elemental carbon) was determined from
the IMPROVE data collected for each
group of Class I areas. These
concentrations were then converted into
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deciview values to distribute existing
impairment among the measured
pollutant species. The deciview value
for each pollutant species was
calculated by using the ‘‘revised
IMPROVE equation’’ (See Section 2.C of
the WRAP TSD) to calculate extinction
from each pollutant species
concentration. Extinction, in inverse
megameters, was then converted to
deciview using the equation defining
deciview. Second, the Comprehensive
Air Quality Model with Extensions
(CAMx) and PM Source Apportionment
Technology (PSAT) models were used
to determine which sources and source
categories contributed to the ambient
concentration of each pollutant species.
Thus, impairment was distributed by
source and source category.
After considering the available
models, the WRAP and Western States
selected two source apportionment
analysis tools. The first source
apportionment tool was the
Comprehensive Air Quality Model with
Extensions (CAMx) in conjunction with
PM Source Apportionment Technology
(PSAT). This model uses emission
source characterization, meteorology
and atmospheric chemistry for aerosol
formation to predict pollutant
concentrations in the Class I area. The
predicted results are compared to
measured concentrations to assess
accuracy of model output. CAMx PSAT
modeling was used to determine source
contribution to ambient sulfate and
nitrate concentrations. The WRAP used
state-of-the-science source
apportionment tools within a widely
used photochemical model. EPA has
reviewed the PSAT analysis and
considers the modeling, methodology,
and analysis acceptable. See section 6.A
of the WRAP TSD.
The second tool was the Weighted
Emissions Potential (WEP) model, used
primarily as a screening tool to decide
which geographic source regions have
the potential to contribute to haze at
specific Class I areas. WEP does not
account for atmospheric chemistry
(secondary aerosol formation) or
removal processes, and thus is used for
estimating inert particulate
concentrations. The model uses back
trajectory wind flow calculations and
resident time of an air parcel to
determine source and source category
and location for ambient organic carbon,
elemental carbon, PM2.5, and coarse PM
concentrations. These modeling tools
were the state-of-the-science and EPA
has determined that these tools were
appropriately used by WRAP for
regional haze planning. Description of
these tools and our evaluation of them
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are described in more detail in section
6 of the WRAP TSD.
Section 9.2.1 of the Oregon SIP
submittal explains that sources in areas
outside of the modeling domain (i.e.,
portions of northern Canada, southern
Mexico, Pacific offshore, and global
sources) contribute between 40% to
60% of the sulfate that impairs visibility
in all of Oregon’s Class I areas on the
20% worst days. SO2 sources within the
WRAP region contribute about 33% of
sulfate that impairs visibility in Oregon
Class I areas. Of the SO2 contribution
from WRAP States, about 50% of the
SO2 comes from point, area, and mobile
sources in Oregon.
The PSAT results also show that
between 15 to 33% of the nitrate
impairing visibility in all of Oregon’s
Class I areas comes from sources outside
of the modeling domain, with the
remainder from sources within the
WRAP region.
North and Central Cascades Class I
Areas
The PSAT results for sulfate show
that for the 20% worst days during
2000–2004 the North and Central
Cascades Class I areas are mostly
impacted by sulfate from a combination
of SO2 point, area and mobile sources in
Washington, Oregon, and marine
shipping in the Pacific offshore region
(see Oregon Regional Haze SIP submittal
Figures 9.2.1–1 through Figures 9.2.1–
6). The mobile source contribution to
sulfate pollution is expected to decline
significantly by 2018 due to the
implementation of the Federal low
sulfur diesel fuel rule, which went into
effect in 2006 for on-road mobile
sources, and took effect for non-road
mobile sources in 2010.
The PSAT results for nitrate show that
a majority of the nitrate impacting the
North and Central Cascades Class I areas
is from mobile sources in Oregon and
Washington (see Oregon Regional Haze
SIP submittal Figures 9.2.2–1 through
Figures 9.2.2–6). PSAT results predict
about a 50% reduction in nitrate
concentrations in these area by 2018
due to a 50% reduction in NOX
emissions from Oregon and Washington
mobile sources.
Based on the WEP model results, the
organic carbon in the North Cascades on
the 20% worst visibility days comes
mostly from area sources and natural
fires in Oregon, with a small
contribution from areas sources in
Washington. On the 20% worst
visibility days at North Cascades, most
of the primary PM2.5 contributions come
from area and fugitive dust sources in
Oregon, and to a lesser extent area and
point sources in Washington.
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For the 20% worst visibility days in
the Central Cascades, most of the
organic carbon comes from a
combination of area source emissions
and natural and anthropogenic fire in
Oregon. For the 20% worst visibility
days in the Central Cascades, the OC
comes primarily from Oregon area
sources. For the 20% worst visibility
days in the Central Cascades, most of
the PM2.5 comes from area sources in
Oregon.
Southern Cascades Class I Areas
For the 20% worst days in the three
Class I areas in the Southern Cascades,
overall visibility impairment due to
sulfate are lower compared to the
Northern and Central Cascade Class I
areas. Most of the sulfate impacting
these Southern Cascade Class I areas is
from point sources in Oregon,
Washington, California, and Canada.
Pacific offshore shipping is also a
substantial contributor of sulfate to this
area.
For the 20% worst days in Southern
Cascades, the most significant sources of
nitrate are mobile sources in Oregon and
Washington. The impact from these
sources is expected to decrease by about
50% by 2018 due to Federal mobile
source emission control measures.
For the 20% worst visibility days in
the Southern Cascades, approximately
90% of the organic carbon contribution
came from natural fires in 2002.
Emissions from natural fires are
expected to be unchanged by 2018.
Coast Range Class I Area
The only Class I area in the Coast
Range group is the Kalmiopsis
Wilderness Area. The most significant
sources of sulfate to the Kalmiopsis
Wilderness Area are natural fires in
Oregon, and marine shipping in the
Pacific Ocean. Both of these sources are
expected to be unchanged by 2018.
A majority of the nitrate impacting the
Kalmiopsis Wilderness Area is from
mobile sources in Oregon and from
marine shipping in the Pacific Ocean.
Smaller contributions come from
Washington and California mobile
sources. Mobile source contributions to
this area are expected to decrease by
about 50% by 2018.
For the 20% worst visibility days in
the Kalmiopsis Wilderness, almost all of
organic carbon for the 2002 base year
came from natural fire. For the 20%
worst visibility days in the Kalmiopsis,
the PM2.5 contributions were mostly
from natural fire in Oregon.
For the 20% worst days in the
Kalmiopsis Wilderness Area, the
contribution from point sources is
relatively small. For the 20% of worst
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days in the Kalmiopsis Wilderness Area,
the vast majority of nitrate comes from
Oregon mobile sources, with smaller
contributions from Washington and
California mobile sources. There is also
a substantial nitrate contribution from
Pacific offshore shipping, due primarily
to the close proximity of the Kalmiopsis
Wilderness Area to the Pacific Ocean.
Eastern Oregon Class I Areas
For the 20% worst days in Strawberry
Mountain Wilderness and Eagle Cap
Wilderness Areas, the contribution of
sulfates from each geographical area is
relatively low (less than 0.12
micrograms per cubic meter), with the
largest contribution being from point
sources from Canada, Washington, and
Oregon. However, the visibility on the
20% worst days in this area is
significantly impacted (greater than 0.20
micrograms per cubic meter) by a
combination of point, area, and mobile
NOX sources in Oregon, Washington,
and Idaho.
For the 20% worst visibility days in
the Strawberry Mountain Wilderness
and Eagle Cap Wilderness Areas, about
80% of the organic carbon contribution
came from a combination of natural fires
and anthropogenic sources in Oregon.
For the 20% worst visibility days there
is also a dominant PM2.5 contribution
from windblown dust, and some
fugitive and road dust area and fire
sources in Oregon. The contribution of
this mixture of source from Washington
is about half of the Oregon level.
Eastern Oregon/Western Idaho Class I
Area
For the 20% worst days in the Hells
Canyon Wilderness Area, the
contribution of sulfates from each
geographical area is relatively low (less
than 0.06 micrograms per cubic meter),
with the largest contribution being from
point sources from Canada, Idaho, and
Oregon. However, the visibility on the
20% worst days in this area is
significantly impacted (greater than 0.35
micrograms per cubic meter) by a
combination of mobile and area NOX
sources in Idaho, and to a lesser degree,
point and mobile sources in Oregon.
For the 20% worst visibility days in
the Hells Canyon Wilderness Area, the
majority of the organic carbon
contribution comes from a combination
of Oregon natural and anthropogenic
fire sources and to a lesser extent from
anthropogenic and natural fire sources
in Oregon. For the 20% worst visibility
days in the Hells Canyon Wilderness
Area, most of the contribution of PM2.5
comes from a combination of
windblown, fugitive and road dust
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sources in Idaho and to a lesser degree,
the same mix of sources in Oregon.
EPA is proposing to find that Oregon
has appropriately identified the primary
pollutants impacting its Class I areas.
EPA is also proposing to find that the
SIP contains an appropriate analysis of
the impact of these pollutants in nearby
Class I areas.
E. Best Available Retrofit Technology
(BART)
1. BART-Eligible Sources in Oregon
The first step of a BART evaluation is
to identify all the BART-eligible sources
within the State’s boundaries. Table
10.2–1 in the Oregon Regional Haze SIP
submittal presents the list of ten BARTeligible sources located in Oregon.
These sources are: Amalgamated Sugar
(Nyssa), Portland Gas and Electric (PGE)
power plant (Boardman), Boise Paper
Solutions (St. Helens), Georgia Pacific
Wauna pulp mill (Clatskanie), PGE
Beaver power plant (Clatskanie),
Georgia Pacific pulp mill (Toledo), Pope
and Talbot pulp mills (Halsey), SP
Newsprint (Newberg), International
Paper pulp mill (Springfield), and
Kingsford charcoal production
(Springfield).
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2. BART-Subject Sources in Oregon
The second step of a BART evaluation
is to identify those BART-eligible
sources that may reasonably be
anticipated to cause or contribute to any
impairment of visibility at any Class I
area and are, therefore, subject to BART.
As explained above, EPA has issued
guidelines that provide States with
guidance for addressing the BART
requirements. 40 CFR Part 51 Appendix
Y—Guidelines for BART determinations
under the regional Haze Rule (BART
Guidelines); see also 70 FR 39104 (July
6, 2005). The BART Guidelines describe
how States may consider exempting
some BART-eligible sources from
further BART review based on
dispersion modeling showing that the
source contributes to impairment below
a certain threshold amount. Oregon
conducted dispersion modeling for the
BART-eligible sources to determine the
visibility impacts of these sources on
Class I areas.
The BART Guidelines require States
to set a contribution threshold to assess
whether the impact of a single source is
sufficient to cause or contribute to
visibility impairment at a Class I area.
Generally, States may not establish a
contribution threshold that exceeds 0.5
dv impact. 70 FR at 39161. Oregon
established a contribution threshold of
0.5 dv through negotiated rulemaking
with industry, FLMs, and the public. In
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its SIP submittal, Oregon notes that the
0.5 dv threshold is also consistent with
the threshold used by all other States in
the WRAP. Any source with an impact
of greater than 0.5 dv in any Class I area,
including Class I areas in other States,
would be subject to a BART analysis
and BART emission limitations.
Oregon established a contribution
threshold of 0.5 dv based on the
following reasons; (1) it equates to the
5% extinction threshold for new sources
under the PSD New Source Review
rules, (2) it is consistent with the
threshold selected by other States in the
West, (3) it represents the limit of
perceptible change, and (4) there was no
clear rationale or justification for
selecting a lower level. EPA finds that
these reasons alone do not provide
sufficient basis for concluding that such
a threshold is appropriate for Oregon.
Nevertheless, based on the additional
information described below, EPA
proposes to approve the list of subjectto-BART sources in this SIP submittal.
In the BART Guidelines, EPA
recommended that States ‘‘consider the
number of BART sources affecting the
Class I areas at issue and the magnitude
of the individual sources’ impacts. In
general, a larger number of BART
sources causing impacts in a Class I area
may warrant a lower contribution
threshold.’’ 70 FR 39104, 39161 July 6,
2005. In developing its regional haze
SIP, Oregon modeled the individual
impacts of ten BART-eligible sources on
Class I areas within a 300 km radius.
(See Table 10–3.2–1 of the SIP
submittal.) EPA’s review of modeled
impacts of the BART-eligible sources in
Oregon finds there is only one group of
Oregon BART-eligible sources, that
collectively impact visibility at the same
Class I area (Mt. Hood Wilderness Area),
with a total impact greater that 1.0 dv
(level defined as ‘causing’ visibility
impairment). This group of sources
consists of the Georgia Pacific Wauna
pulp mill and PGE Beaver power plant
in Clatskanie and Boise Paper Solutions
in St. Helens. Two of these facilities,
Georgia Pacific Wauna and PGE Beaver,
have taken Federally Enforceable Permit
Limits to limit their visibility impacts to
0.344 dv and to 0.357 dv, respectively
at the Mt. Hood Wilderness Area. The
remaining facility, Boise Paper
Solutions, has a maximum of 0.367 dv
impact at the Mt. Hood Wilderness
Area. Since the combined contribution
of these three sources will now be 1.068
dv, which is only slightly above the
threshold of ‘causing’ visibility
impairment, EPA is proposing to
approve the 0.5 dv contribution
threshold adopted by Oregon in its
Regional Haze Plan.
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To determine those sources subject-toBART, Oregon used the CALPUFF
dispersion model. The dispersion
modeling was conducted in accord with
the BART Modeling Protocol7. This
Protocol was jointly developed by the
States of Idaho, Washington, Oregon
and EPA and has undergone public
review. The Protocol was used by all
three States in determining which
BART-eligible sources are subject to
BART. See appendix D.4 of the SIP
submission for details of the modeling
protocol, its application and results.
The following BART-eligible sources,
based on CALPUFF modeling of 2003–
2005 emissions, demonstrate impacts
greater than 0.5 dv in one or more Class
I areas, and were identified as subject to
BART:
1. PGE Beaver Power Plant, Clatskanie
2. Georgia Pacific, Wauna Facility,
Clatskanie
3. International Paper (formally
Weyerhaeuser), Springfield
4. Amalgamated Sugar, Nyssa
5. PGE Boardman Power Plant,
Boardman
3. Federally Enforceable Permit Limits
on Oregon Sources Otherwise Subjectto-BART
The following sources elected to be
regulated by a Federally enforceable
permit limit to reduce visibility impacts
below the 0.5 dv impact threshold and
thus are not subject-to-BART:
a. PGE Beaver Power Plant
PGE Beaver Power Plant is a 558
megawatt fossil fuel-fired, electricalgenerating plant located in Clatskanie,
Oregon. Visibility modeling for this
facility shows an impact on three Class
I areas over the 0.5 dv, with the highest
impact of 0.68 dv at Olympic National
Park in Washington. Condition 340–
224–0070 of the Title V permit (#05–
2520) for this facility, modified by the
Oregon Department of Environmental
Quality (ODEQ) on January 21, 2009,
and included in the SIP submittal,
establishes emission limits and the
control technology to achieve these
limits, so that the impact of emissions
from this facility remain below a 0.5 dv
at Olympic National Park and all other
Class I areas.
To achieve the emission limits
established in the Title V permit, the
facility must use ultra-low sulfur diesel
(ULSD) fuel (with no more than
0.0015% sulfur) in its oil-fired BART
eligible units. The source must use only
‘‘pipe line quality’’ natural gas in the gasfueled PWEU1 unit.
Compliance with emission limits will
be determined by a combination of
continuous emission monitors and other
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record keeping and reporting
requirements. Based on the fuel use
restrictions established in the permit,
the predicted maximum impact for this
facility, based on visibility modeling,
will be 0.414 dv at Mt. Rainier National
Park (the most impacted Class I area)
(See section 10.3.2, table 10.3.2–1, and
Oregon’s supplemental submittal,
February 1, 2011). EPA proposes to find
that in light of the Federally enforceable
permit limit, this source is not subjectto-BART.
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b. Georgia Pacific Wauna Mill
The Georgia Pacific Wauna Mill is a
pulp and paper manufacturing plant
located in Clatskanie, Oregon. Modeling
conducted for this facility shows an
impact at Olympic National Park of 0.57
dv. This facility elected to be regulated
by an FEPL to limit its emission so that
visibility impacts in any Class I area
remain below 0.5 dv. The section titled
‘‘Emission Unit Specific Limits—
Regional Haze Requirements’’ of Title V
permit (#208850) for this facility,
modified by ODEQ on December 2,
2010, and included in the SIP submittal,
identifies emission limits and the
methods for achieving these limits, so
that emissions from this facility will not
cause impairment above 0.5 dv.
To achieve the emission limits
established by the permit, the mill has
reduced its SO2 emissions by (1)
permanently reducing use of fuel oil in
the Power Boiler, (2) discontinuing the
use of fuel oil in the Lime Kiln until the
Non-Condensable Gas Incinerator
(NCGI) unit is shut down, and (3)
limiting pulp production rate to 1,030
tons per day until the NCGI unit is shut
down, at which time production rate
will be limited to 1,350 tons per day.
Compliance with emission limits will be
determined by visible emission
monitoring and source testing.
The maximum predicted impact for
this facility will be 0.45 dv at Olympic
National Park (See section 10.3.2, table
10.3.2–1, and Oregon’s supplemental
submittal, February 1, 2011). EPA
proposes to find that in light of the
FEPL, this source is not subject-toBART.
c. International Paper
International Paper is a
containerboard plant located in
Springfield, Oregon. Modeling
conducted for this facility shows an
impact in nine Class I areas over the 0.5
dv. The highest impact of 1.45 dv occurs
at the Three Sisters Wilderness Area.
Condition 210 of Title V permit
(#208850) for this facility, modified by
Lane Regional Air Protection Agency on
April 7, 2009, and included in the SIP
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submittal, identifies emission limits and
the methods for achieving these limits,
so that the impact of emissions from this
facility remain below a 0.5 dv impact.
To achieve the emission limits
established by the permit, the plant has
reduced its emissions of SO2, NOX, and
PM by accepting limits on fuel usage
and operation, and meeting a combined
SO2 and NOX daily emission limit based
on a plant fuel use specific formula. The
permit requires this facility to include
the package boiler (EU–150B) emissions
when demonstrating compliance with
condition 210 of the permit until the
source submits a notice of completion of
No. 4 recovery boiler mud and steam
drum replacement. Compliance with
emission limits will be determined by
testing the sulfur concentrations in the
natural gas and fuel oil used by this
facility at specified frequencies, and
using the appropriate emission factors
for these fuels to calculate estimate
daily SO2 and NOX emissions. With the
Federally enforceable permit limit, the
maximum predicted impact for this
facility will be 0.44 dv at Three Sisters
Wilderness Area (See section 10.3.2,
table 10.3.2–1, and Oregon’s
supplemental submittal, February 1,
2011).
EPA proposes to find that in light of
the Federally enforceable permit limit
this source is not subject-to-BART.
d. Amalgamated Sugar Plant
Amalgamated Sugar Plant is a sugar
beet processing plant located in Nyssa,
in eastern Oregon, near the Idaho
border. This plant is currently
shutdown and has no identified date to
resume operations. However, since its
air quality permit is still valid, BART
modeling was conducted for the plant
and an impact of 0.514 dv was
identified at the Eagle Cap Wilderness
Area. In the event this source resumes
operation in the future, Oregon
Department of Environmental Quality
(ODEQ) will require that this facility be
subject to a Federally enforceable permit
limit in its Title V permit, or conduct a
BART analysis and install BART prior
to resuming operation. The Federally
enforceable permit limit will consist of
an emission limit on the Foster-Wheeler
boiler at this facility, which will ensure
visibility impact remains under the 0.5
dv threshold. See OAR 340–223–0040.
EPA proposes to find that in light of
these provisions, this source is not
currently subject- to-BART.
4. BART for PGE Boardman
The PGE power plant near Boardman,
Oregon, (PGE Boardman) is a 584 MW
coal-fired electric utility and is BARTeligible because it is was constructed
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between 1962 and 1977, is a fossil-fuel
fired steam electric generating plant of
more than 250 million British thermal
units (mm/Btu) per hour heat input, and
has potential emissions greater than 250
tons per year of sulfur dioxide (SO2),
nitrogen oxides (NOX), and particulate
matter (PM). PGE Boardman
commenced construction in 1975 and
began operation in 1980. The PGE
Boardman boiler is a Foster Wheeler dry
bottom, opposing-wall fired design,
controlled with first generation low
NOX burners and overfire air. An
electrostatic participator currently
controls PM emissions.
In July 2009, ODEQ conducted a
BART analysis and determined that
BART for PGE Boardman, was a
combination of new low-NOX burners/
modified overfire air (NLNB/MOFA) for
NOX and Semi-Dry Flue Gas
Desulfurization (SDFGD) for SO2, with a
pulse jet fabric filter for PM. ODEQ also
determined that Selective Catalytic
Reduction (SCR) would increase control
efficiency for NOX emissions and was
reasonable to assure further reasonable
progress. Based on the assumption that
the facility would operate for at least 30
years (until 2040), this BART analysis
determined these controls would be cost
effective. Oregon included this BART
determination in the Regional Haze Plan
it submitted to EPA in July 2009. See
Oregon Regional Haze Plan dated July
16, 2009, and OAR 340–223–0010
through OAR 340–223–0050, dated June
30, 2009. On September 11, 2009, EPA
informed ODEQ that this SIP
submission was complete,
In a letter from PGE to ODEQ dated
October 22, 2010, PGE requested that
ODEQ reopen the Regional Haze BART
rulemaking to consider an alternative
BART approach for PGE Boardman.
This alternative approach would allow
PGE Boardman to commit to cease
burning coal by December 31, 2020, and
in the interim operate with less
expensive control technology. This
alternative shortens the expected useful
life of the coal-burning Foster Wheeler
boiler by 20 years compared to the life
expectancy relied on in the original
BART determination. This alternative
would also allow the boiler to be
restarted using an alternative fuel at a
future date. (A re-start of the boiler with
an alternate fuel source would then
require PGE to comply with all relevant
requirements, including as applicable
the requirement to apply for a
Prevention of Significant Deterioration
(PSD) construction permit which will
require an analysis and permitted
emission limits that represent Best
Available Control Technology (BACT)
before construction could commence.)
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Based on PGE’s request, ODEQ
performed an additional BART analysis
for PGE Boardman assuming a shorter
life expectancy. ODEQ evaluated
visibility improvements in Class I areas
of all technically feasible emission
control technologies and determined the
cost effectiveness of each technology
assuming operation until 2020. See
BART Guidelines Section IV. D. 4.(k)
(explaining how to take into account the
project’s remaining useful life when
calculating control costs).
ODEQ’s BART analysis for all
technically feasible control technologies
for the Foster-Wheeler boiler is
described in Appendices D–6 and D–7
of the revised Oregon Regional Haze SIP
submitted December 2010. ODEQ
determined that the technically feasible
controls for NOX were the following:
new low-NOX burners with modified
overfire air (NLNB/MOFA); selective
non-catalytic reduction (SNCR) with
NLNB/MOFA; and selective catalytic
reduction (SCR). ODEQ determined that
the technically feasible controls for SO2
for were the following: reduced-sulfur
coal restriction (RSCR); Direct Sorbent
Injection (DSI); semi-dry flue gas
desulfurization (SDFGD); and wet flue
gas desulfurization (WFGD). The
technically feasible controls evaluated
for PM emission control were the
following: pulsed jet fabric filter (PJFF)
and electrostatic precipitation (ESP). An
ESP is already installed and operating at
PGE Boardman.
After identifying all technically
feasible technologies to control the
various pollutants ODEQ determined
the emission limits achievable by each
technology. The following results (for
NOX, SO2 and PM) are shown in the
Control Effectiveness table in Appendix
D–7 of the SIP submittal. The emission
limits for NOX would be:
• NLNB/MOFA—0.23 lb/mmBtu
• SNCR—0.19 lb/mmBtu
• SCR—0.07 lb/mmBtu
The emission limits for SO2 would be:
• RSCR—0.6 lb/mmBtu
• DSI—0.4 lb/mmBtu
• SDFGD—0.12 lb/mmBtu
• WFGD—0.09 lb/mmBtu
The emission limits for PM would be:
• PJFF—0.012 lb/mmBtu
• ESP—0.017 lb/mmBtu
ODEQ next evaluated the cost
effectiveness, the energy impacts, and
non-air quality environmental impacts
of each technically feasible control. The
cost effectiveness of NOX control
alternatives were:
• NLNB/MOFA—$1,263/ton
• NLNB/MOFA/SNCR—$1,816/ton
• NLNB/MOFA/SCR—$8,337/ton
The cost effectiveness of SO2 control
alternatives were:
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• DSI–1 (referred to as the initial
phase of DSI operation)—$2,458/ton
• SDFGD—$5,535/ton (including the
cost of installing a PJFF)
• WFGD—$7,631/ton
Included in the cost effectiveness
values presented above are the direct
energy and non-air costs. The direct
energy impacts for each control
technology were based on the auxiliary
power consumption of the control
technology and the additional draft
system power consumption necessary to
overcome the control technology
resistance in the flue gas flow path.
Indirect energy impacts, such as the
energy to produce raw materials used
for the control technology were not
included in the cost estimates.
ODEQ identified and considered the
following potential non-air quality
concerns for each technology: NLNB/
MOFA—increased carbon monoxide air
emissions and boiler tube slagging;
SNCR—ammonia option has potential
safety issues, urea option produces CO2,
ammonia slip, and ammonia bisulfate
formation (air preheater fouling); SCR—
ammonia handling safety, SO2 to SO3
conversion and air preheater corrosion,
ammonium bisulfate formation (air
preheater fouling), soot blowing to
manage ash deposition in the catalyst,
reliability of catalyst in high
temperature application, and ammonia
slip; DSI—potential interference with
mercury control system, creation of
hazardous waste, requirement for
increased maintenance of the ducts and
ESP, and increase in particulate
emissions; SDFGD—fugitive emissions
from raw material and byproduct
handling; WFGD—fugitive emissions
from raw material and byproduct
handling, persistent water plume from
stack, material corrosion, dewatering,
and addition of PJFF for mercury
control. ODEQ concluded that in spite
of the potential concerns identified,
each of these control technologies are
proven in use at other coal-fired boilers
and that these concerns could be
adequately addressed with a welldesigned system. The only exception is
SNCR in combination with DSI, which
may result in additional PM emissions
due to ammonia slip. ODEQ then
determined the visibility improvements
that could be achieved over current
conditions with each combination of
technically feasible emission control
technologies in the Mt. Hood
Wilderness Area, the Class I area most
impacted by PGE Boardman. (See the
Control Effectiveness table in Appendix
D–7 of the SIP submittal.) The visibility
improvements were:
• NLNB/MOFA—1.44 dv
• NLNB/MOFA/SNCR—1.62 dv
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12661
• NLNB/MOFA/SCR—2.17 dv
• RSCR—0.43 dv
• DSI–1—0.84 dv
• SDFGD—1.24 dv
• WFGD—1.19 dv
• PJFF—<0.1 dv
As explained in the 2010 revised
BART analysis, and after full public
notice and comment, ODEQ determined
BART emission limits appropriate for
the PGE Boardman facility based on it
ceasing to burn coal by December 31,
2020. The specific emission limits and
associated control technologies are
explained below.
Specifically ODEQ determined that
BART for NOX is 0.23 lbs/mmBtu based
on NLNB/MOFA. ODEQ found that the
technology is cost effective and provides
significant visibility improvement (≤1.0
dv in Mt. Hood wilderness area), as well
as significant improvement in 11 other
Class I areas. Although the technology
option of NLNB/MOFA plus selective
non-catalytic reduction (SNCR) was cost
effective ($1,816/ton), ODEQ rejected
this technology option because adding
SNCR only provided an additional 0.18
dv of visibility improvement over
NLNB/MOFA at the Mt. Hood
Wilderness Area, and because of
concerns about excess ammonia
emissions (commonly referred to as
ammonia slip) which may result in
increased rates of secondary particulate
matter in the form of ammonium sulfate.
As shown in the Control Effectiveness
table in Appendix D–7, the NOX
emission reduction attributed to SNCR
was only 17% better than that achieved
with NLNB/MOFA alone.
ODEQ determined BART for SO2 is
0.40 lbs/mmBtu based on initial
operational efficiency of DSI (DSI–1).
This determination was made because
DSI–1 is cost effective at $3,370/ton,
will provide significant visibility
improvement (> 0.5dv) in the Mt. Hood
Wilderness Area, and provide
significant improvement in 11 other
Class I areas. The cost effectiveness
value that ODEQ calculated for SDFGD
was $5,535/ton. The incremental cost
effectiveness of SDFGD compared to
DSI–1 is about $7,200/ton. ODEQ stated
that SDFGD is not considered to be
BART because it is not cost effective
when considering a useful life
expectancy of 2020.
ODEQ determined BART for PM is
0.40 lb/mmBtu, which is the current PM
emission limit for PGE Boardman with
the existing ESP system. ODEQ’s
analysis concluded that the alternative
PM control technology, PJFF, would
only reduce PM emissions by 122 ton/
year compared to 2007 actual PM
emissions, and would not be cost
effective at $186,102/ton (see
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Addendum to DEQ BART Report for the
Boardman Power Plant, dated November
11, 2010).
ODEQ also determined that further
operational refinements to the DSI
system or the use of improved sorbent
(called DSI–2) could be achieved by
2018, resulting in further reductions in
SO2 emissions at that time. Therefore,
ODEQ identified a goal of 0.30 lbs/
mmBtu for SO2 emissions to achieve
further reasonable progress by July 1,
2018. This goal would be achieved with
operational refinements to the DSI
system or the use of an improved
sorbent that may be available in the
future.
EPA reviewed the BART
determination for PGE Boardman and
found that ODEQ appropriately
followed the required steps for
determining BART as described in the
BART Guidelines Section IV. D. These
steps are: (1) Identify all available
retrofit control technologies; (2)
eliminate technically infeasible options;
(3) evaluate control effectiveness of
remaining control technologies; (4)
evaluate impacts and document results;
and (5) evaluate visibility impacts. EPA
proposes to find that the methods used
by ODEQ for determining cost, cost
effectiveness, energy and non air quality
impacts, and visibility improvement of
BART controls for the Foster Wheeler
boiler at the PGE Boardman facility for
a 2020 plant lifetime are consistent with
the RHR and EPA guidance. ODEQ has
also used an acceptable methodology for
determining the impacts of remaining
useful facility life on the cost and cost
effectiveness of BART controls for the
2020 plant lifetime. The emission limits,
and schedules for meeting them, are
identified in the Oregon Regional Haze
Rules, OAR 340–223–0030. (State
effective December 9, 2010). Therefore,
EPA proposes to approve Oregon’s
BART determination for PGE Boardman.
IV. EPA’s Analysis of Oregon’s Regional
Haze Rules
Oregon included in its Regional Haze
SIP submittal revisions to the Oregon
Regional Haze Rules (OAR 340–223–
0010 through 340–223–0080), adopted
by the State on December 9, 2010. These
rules, among other things, establish
emission limits on certain sources that
significantly contribute to visibility
impairment in Oregon Class I areas.
Additionally, these rules establish the
BART emission limits analyzed and
described in section II.D.4. above for the
PGE Boardman facility. As explained in
more detail below, the rules related to
PGE Boardman establish a scenario
whereby PGE would cease burning coal
in the Boardman Foster Wheeler boiler
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no later than 2020 and perhaps as early
as 2014. Additionally, pursuant to OAR
340–223–0050, upon EPA’s approval of
the rules, the provisions containing
alternative BART emission limits based
on the facility continuing to burn coal
until at least 2040 would be repealed as
a matter of law. See Oregon Regional
Haze SIP Submittal Attachment 1.1 pgs
5–6. https://www.deq.state.or.us/aq/
pge.htm (ODEQ Web page describing
the new regulations for PGE Boardman).
OAR 340–223–0010
This rule explains that the purpose of
OAR 340–223–0020 through 340 223–
0080 is to establish requirements for
certain sources emitting air pollutants
that reduce visibility and contribute to
regional haze in Class I areas for the
purpose of implementing Best Available
Retrofit Technology requirements and
other requirements associated with the
Federal Regional Haze Rules in 40 CFR
51.308.
OAR 340–223–0020
This rule includes the following
definitions, ‘‘BART-eligible source’’,
‘‘Beat Available Retrofit Technology
(BART)’’, ‘‘Deciview’’, and ‘‘Subject to
BART’’. These definitions are consistent
with their definitions in the Federal
RHR. Two additional definitions, ‘‘Dry
sorbent injection pollution control
system’’ and ‘‘Ultra-low sulfur coal’’ are
consistent with industry practices.
OAR 340–223–0030
This rule identifies BART emission
limits, and other requirements pursuant
to the Federal regional haze rule, and
the schedule for meeting these limits for
the Foster Wheeler boiler at the PGE
Boardman facility. This rule also
includes the requirement that the Foster
Wheeler boiler facility permanently
cease burning coal by no later than
December 31, 2020. OAR 340–223–
0030(1)(e). In this rule, the specific
emission limits and schedule for these
limits are:
1. NOX—Between July 1, 2011 and
December 31, 2020, NOX emissions
must not exceed 0.23 lbs/mmBtu
(pounds per million British thermal
units) on a 30-day rolling average.
However, if PGE demonstrates to ODEQ
by December 31, 2011, that the 0.23 lbs/
mmBtu cannot be achieved with
combustion controls, ODEQ may, by
order, grant an extension to July 1, 2013.
2. SO2—Between July 1, 2014 and
June 30, 2018, SO2 emissions must not
exceed 0.4 lbs/mmBtu and between July
1, 2018 and December 31, 2020, SO2
emissions must not exceed 0.30 lb/
mmBtu. However, if PGE cannot achieve
0.4 lbs/mmBtu by July 1, 2014, based on
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the reduction of SO2 emissions to the
maximum extent feasible through the
use of dry sorbent injection, the limits
would be the lowest achievable with
DSI, but no higher than 0.55 lbs/mmBtu
by July 1, 2014. The SO2 emission limit
is lowered to 0.30 lb/mmBtu by July 1,
2018. This limit is more stringent than
the 0.40 lb/mmBtu BART limit and was
adopted to achieve further reasonable
progress in Class I areas. ODEQ believes
that this limit could be met by further
refinements to the DSI system (called
‘‘DSI–2’’), or DSI refinements in
combination with ultra-low sulfur coal.
3. PM—Between July 1, 2014 and
December 31, 2020, PM emissions must
not exceed 0.040lb/mmBtu heat input.
OAR 340–223–0030 also explains that
notwithstanding the definition of
netting basis in OAR 340–200–0020,
and the process for reducing plant site
emission limits in OAR 340–222–0043,
the netting basis and the plant site
emission limitations (PSELs) for the
Foster Wheeler boiler are reduced to
zero upon the date on which the boiler
permanently ceases burning coal. Prior
to that date the netting basis and PSELs
for the boiler apply only to physical
changes or changes in the method of
operation of the source for the purposes
of complying with the emission limits
applicable to the boiler.
OAR 340–223–0040
This rule explains that a BARTeligible source, which would be subjectto-BART based on visibility modeling,
may accept a Federally enforceable
permit limit to reduce the source’s
emissions and prevent the source from
being subject-to-BART. It also explains
that any source that accepts a Federal
enforceable permit limit and
subsequently proposes to terminate this
limit, such that an increase in emissions
would make the source subject-toBART, must submit a BART analysis to
ODEQ and install BART as determined
by ODEQ prior to terminating the
Federally enforceable permit limits.
This rule also explains that the Foster
Wheeler boiler at the Amalgamated
Sugar Company in Nyssa, Oregon, is
currently not operating, and that prior to
resuming operation the owner or
operator must either (1) submit a BART
analysis and install BART as
determined by ODEQ, or (2) obtain and
comply with a Federally enforceable
permit limit to ensure that the source’s
emissions will not cause the source to
be subject-to-BART.
OAR 340–223–0050
OAR 340–223–0050(1) provides that
the owner and operator of the Foster
Wheeler boiler at the PGE Boardman
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facility may elect to comply with OAR
340–223–0060 and OAR 340–223–0070,
or with OAR 340–223–0080, in lieu of
OAR 340–223–0030. OAR 340–223–
0060 and 0070 provide emission limits
based on coal operation until 2040, and
OAR 340–223–0080 provides emission
limits based on PGE Boardman
permanently ceasing to burn coal within
five years of EPA’s approval of OAR
chapter 340, division 223. Any of these
alternatives are available only if the
owner or operator provides written
notification to the ODEQ Director by
July 1, 2014 of which alternative it has
chosen to comply with. Additionally, as
provided in OAR 340–223–0050(4), if
EPA approves a SIP revision
incorporating OAR 340–223–0030
(discussed above concerning BART
requirements based on PGE
permanently ceasing to burn coal in the
Foster Wheeler boiler by December 31,
2020) compliance with OAR 340–223–
0060 and 0070 is no longer an
alternative. Accordingly, EPA’s
approval of OAR 340–223–0030, as
proposed in this action, would
eliminate the alternative BART
requirements allowed under OAR 340–
223–0060 and 340–223–0070.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
OAR 340–223–0060 and OAR 340–223–
0070
OAR 340–223–0060 identifies the
SO2, NOX, and PM BART emission
limits and the schedules for meeting
these limits based upon coal operation
of the Foster Wheeler boiler at the PGE
Boardman facility until 2040. OAR 340–
223–0070 identifies additional NOX
emission limits that must be met by July
1, 2017 to achieve further reasonable
progress for the PGE Boardman facility
based on operation of the Foster
Wheeler boiler until 2040. In this action,
EPA is proposing to approve a SIP
revision incorporating OAR 340–223–
0030. Thus, if or when this proposal is
finalized, as provided in OAR 340–223–
0050 and explained above, OAR 340–
223–0060 and –0070 would be repealed
as a matter of law and compliance with
them would no longer be an alternative.
OAR 340–0080
This rule, which is an alternative to
OAR 340–223–0030, sets NOX emission
limits and schedules for meeting these
limits for the Foster Wheeler boiler at
the PGE Boardman facility. As
explained above, pursuant to OAR 340–
223–0050(2), this alternative is based on
the boiler permanently ceasing to burn
coal no later than five years after EPA’s
approval of the Oregon Regional Haze
Plan that incorporates OAR chapter 340,
division 223. As in described above for
OAR–340–223–0030, this provision also
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describes the process for establishing
the netting basis if this alternative is
chosen.
In summary, EPA is proposing to find
that Oregon’s use of Federal enforceable
permit limits to reduce emissions of
four sources below the 0.5 dv visibility
impact contribution threshold, is an
acceptable means of exempting a source
from being subject-to-BART.
Additionally, based on the analysis
described in section III.E. 4. above, EPA
proposes to find that the rules relating
to PGE Boardman are approvable. EPA
proposes to approve OAR 340–223–
0010 through 340–223–0080.
V. EPA’s Analysis of Whether the
Oregon Regional Haze SIP Submittal
Meets Interstate Transport
Requirements
Section 110(a)(2)(D)(i)(II) of the Act
requires SIP revisions to ‘‘contain
‘‘adequate provisions * * * prohibiting
* * * any source or other types of
emission activity within the State from
emitting any air pollutant in amounts
which will * * * interfere with
measures required to be included in the
applicable implementation plan for any
other State * * * to protect visibility.’’
EPA is proposing to find that the Oregon
SIP submittal of December 2010, and the
supplemental SIP submittal dated
February 1, 2011, to address regional
haze contain adequate provisions to
meet these ‘‘good neighbor’’ provisions
of section 110(a)(2)(D)(i)(II) with respect
to visibility.
As an initial matter, EPA notes that
section 110(a)(2)(D)(i)(II) does not
explicitly specify how EPA should
ascertain whether a State’s SIP contains
adequate provisions to prevent
emissions from sources in that State
from interfering with measures required
in another State to protect visibility.
Thus, the statute is ambiguous on its
face, and EPA must interpret that
provision.
Our 2006 Guidance recommended
that a State could meet the visibility
prong of the transport requirements for
section 110(a)(2)(D)(i)(II) by submission
of the regional haze SIP, due in
December 2007. EPA’s reasoning was
that the development of the regional
haze SIPs was intended to occur in a
collaborative environment among the
States, and that through this process
States would coordinate on emissions
controls to protect visibility on an
interstate basis. In fact, in developing
their respective reasonable progress
goals, WRAP States consulted with each
other through the WRAP’s work groups.
As a result of this process, the common
understanding was that each State
would take action to achieve the
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12663
emissions reductions relied upon by
other States in their reasonable progress
demonstrations under the RHR. This
interpretation is consistent with the
requirement in the regional haze rule
that a State participating in a regional
planning process must include ‘‘all
measures needed to achieve its
apportionment of emission reduction
obligations agreed upon through that
process.’’ 40 CFR 51.308(d)(3)(ii).
We believe that with approval of the
portions of the Oregon SIP that we are
proposing to take action on today,
Oregon’s SIP will also contain adequate
provisions to prevent interstate
transport that would interfere with the
measures required in other States to
protect visibility. Chapter 13 of the
Oregon SIP submittal explains the
consultation process followed by
Oregon and its neighboring States to
meet the requirements in the regional
haze rule to address the interstate
transport of visibility impairing
pollutants, and the outcome of that
process. Section 13.2.3 indicates that
Oregon and neighboring States agreed
that ‘‘no major contributions were
identified that supported developing
new interstate strategies, mitigation
measures, or emissions reductions
obligations,’’ and that each State could
achieve its share of emission reductions
through the implementation of BART
and other existing measures in State
regional haze plans. Additionally, when
ODEQ subsequently revised its BART
determination for PGE Boardman in
2010, it specifically consulted with
Idaho and Washington, the two States
with Class I areas identified as impacted
by the PGE Boardman plant. These
States confirmed that they support the
revisions and indicated that they did
not anticipate the difference in
emissions between the 2009 BART
determination for Boardman and the
2010 BART determination to have any
material adverse effect on the State’s
reasonable progress goals for 2018. See
Oregon Supplemental SIP Submittal.
Oregon also agreed that future
consultation would address any new
strategies or measures needed. The
measures addressing BART in the
Oregon SIP submittal accordingly would
appear to be adequate to prevent
emissions from sources in Oregon from
interfering with the measures required
to be in the regional haze SIPs of its
neighbors.
This conclusion is consistent with the
analysis conducted by the WRAP, an
analysis that provides an appropriate
means for further evaluating whether
emissions from sources in a State are
interfering with the visibility programs
of other States, as contemplated in
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section 110(a)(2)(D)(i)(II). As described
below, EPA’s evaluation shows that the
BART measures of the Regional Haze
SIP submittal, that we are proposing to
approve today, are generally consistent
with the emissions reductions
assumptions of the WRAP modeling
from Oregon sources. Accordingly, EPA
is proposing to approve Oregon’s SIP as
ensuring that emissions from Oregon do
not interfere with the reasonable
progress goals of other States.
In developing their visibility
projections using photochemical grid
modeling, the WRAP States assumed a
certain level of emissions from sources
within Oregon. The visibility projection
modeling was in turn used by the States
to establish their own reasonable
progress goals. We have reviewed the
WRAP photochemical modeling
emissions projections used in the
demonstration of reasonable progress
towards natural visibility conditions
and compared them to the emissions
limits that will result from the
imposition of BART on sources in
Oregon. We have concluded that with
the emissions reductions achieved by
these measures, the emissions from
Oregon sources in the projected
inventory for 2018 (which included
both reductions and increases) will be
approximately equal to that assumed in
the WRAP analysis.
As a result of the foregoing
determination, EPA is proposing to find
that the Oregon Regional Haze SIP
submission contains the emission
reductions needed to achieve Oregon’s
share of emission reductions agreed
upon through the regional planning
process. As reflected in its Regional
Haze SIP submittal, Oregon committed
to achieve these emission reductions to
address impacts on visibility on Class I
areas in surrounding States. The
portions of the Oregon Regional Haze
SIP that we are proposing to approve
ensure that emissions from Oregon will
not interfere with the reasonable
progress goals for neighboring States’
Class I areas. EPA is accordingly
proposing to find that these emission
reductions also meet the requirements
of section 110(a)(2)(D)(i)(II) of the Act
with respect to the visibility prong for
the 1997 8-hour ozone and 1997 PM2.5
NAAQS.
VI. What action is EPA proposing?
EPA is proposing to approve portions
of the Oregon Regional Haze plan,
submitted on December 20, 2010, and as
supplemented on February 1, 2011, as
meeting the requirements set forth in
section 169A of the Act and in 40 CFR
51.308(e) regarding BART. EPA is also
proposing to approve the Oregon
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submittal as meeting the requirements
of 51.308(d)(2) and (4)(v) regarding the
calculation of baseline and natural
conditions for all 12 Class I areas in
Oregon, and the statewide inventory of
emissions of pollutants that are
reasonably anticipated to cause or
contribute to visibility impairment in
any mandatory Class I Federal Area. In
addition, EPA is proposing to find that
the BART measures in the Oregon
Regional Haze plan meet the
requirements of section 110(a)(D)(ii)(II)
of the CAA with respect to the 1997 8hour ozone and 1997 PM2.5 NAAQS.
Finally, EPA is proposing to approve
OAR 340–223–0010 through 340–223–
0080 [Regional Haze Rules].
VII. Oregon Notice Provision
Oregon Revised Statute 468.126,
prohibits ODEQ from imposing a
penalty for violation of an air, water, or
solid waste permit unless the source has
been provided five days’ advanced
written notice of the violation and has
not come into compliance or submitted
a compliance schedule within that fiveday period. By its terms, the statute does
not apply to Oregon’s Title V program
or to any program if application of the
notice provision would disqualify the
program from Federal delegation.
Oregon has previously confirmed that,
because application of the notice
provision would preclude EPA approval
of the Oregon SIP, no advance notice is
required for violation of SIP
requirements.
EPA is taking no action on chapter
340, division 200, section 0040, State of
Oregon Clean Air Act Implementation
Plan, because this section simply
describes the State’s procedures for
adopting its SIP and incorporates by
reference all of the revisions adopted by
the Environmental Quality Council for
approval into the Oregon SIP (as a
matter of State law).
VIII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
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Sfmt 9990
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Visibility,
and Volatile organic compounds.
Dated: February 28, 2011.
Dennis McLerran,
Regional Administrator, Region 10.
[FR Doc. 2011–5198 Filed 3–7–11; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Proposed Rules]
[Pages 12651-12664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5198]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2011-0035, FRL-9276-6]
Approval and Promulgation of Implementation Plans; State of
Oregon; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision, submitted by the State of Oregon on December 20, 2010, with
supplemental information submitted February 1, 2011, as meeting the
requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) as it
applies to visibility for the 1997 8-hour ozone and 1997 particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS). EPA is also proposing to approve a portion of the SIP
submittal, as meeting certain requirements of the regional haze
program, including the Federal regulations for best available retrofit
technology (BART).
DATES: Written comments must be received at the address below on or
before April 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0035, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Keith Rose at R10-Public_Comments@epa.gov.
Mail: Keith Rose, EPA Region 10, Office of Air, Waste and
Toxics, AWT-107, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Keith Rose, Office of Air,
Waste and Toxics, AWT-107. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2011-0035. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., CBI or other information
whose disclosure is restricted by statute). Certain other material,
such as copyrighted material, will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically at https://www.regulations.gov or in hard copy at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101. EPA requests that if at all possible, you contact
the individual listed below to view the hard copy of the docket.
FOR FURTHER INFORMATION CONTACT: Mr. Keith Rose at telephone number
(206) 553-1949, rose.keith@epa.gov or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Information is organized
as follows:
Table of Contents
I. Background for EPA's Proposed Action
A. Definition of Regional Haze
B. Regional Haze Rules and Regulations
C. Roles of Agencies in Addressing Regional Haze
D. Interstate Transport for Visibility
II. Requirements for Regional Haze SIPs
A. The CAA and the Regional Haze Rule
B. Determination of Baseline, Natural, and Current Visibility
Conditions
C. Consultation With States and Federal Land Managers
D. Best Available Retrofit Technology
III. EPA's Analysis of Oregon's Regional Haze SIP
A. Affected Class I Areas
B. Baseline and Natural Conditions and Uniform Rate of Progress
C. Oregon Emissions Inventories
D. Sources of Visibility Impairment in Oregon Class I Areas
E. Best Available Retrofit Technology (BART)
IV. EPA's Analysis of Oregon's Regional Haze Rules
V. EPA's Analysis of Whether the Oregon Regional Haze SIP Submittal
Meets Interstate Transport Requirements
VI. What action is EPA proposing?
VII. Oregon Notice Provision
VIII. Statutory and Executive Order Reviews
I. Background for EPA's Proposed Action
In the CAA Amendments of 1977, Congress established a program to
protect and improve visibility in the national parks and wilderness
areas. See CAA section 169(A). Congress amended the visibility
provisions in the CAA in 1990 to focus attention on the problem of
regional haze. See CAA section 169(B). EPA promulgated regulations in
1999 to implement sections 169A and 169B of the Act. These regulations
require States to develop and implement plans to ensure reasonable
progress toward improving visibility in mandatory Class I Federal areas
\1\ (Class
[[Page 12652]]
I areas). 64 FR 35714 (July 1, 1999); see also 70 FR 39104 (July 6,
2005) and 71 FR 60612 (October 13, 2006).
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\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a).
In accordance with section 169A of the CAA, EPA, in consultation
with the Department of Interior, promulgated a list of 156 areas
where visibility is identified as an important value. 44 FR 69122
(November 30, 1979). The extent of a mandatory Class I area includes
subsequent changes in boundaries, such as park expansions. 42 U.S.C.
7472(a). Although States and Tribes may designate as Class I
additional areas which they consider to have visibility as an
important value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to ``mandatory Class I
Federal areas.'' Each mandatory Class I Federal area is the
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i).
When we use the term ``Class I area'' in this action, we mean a
``mandatory Class I Federal area.''
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In this action, EPA is proposing to approve certain provisions of
Oregon's Regional Haze SIP submission addressing the requirements for
best available retrofit technology (BART), the calculation of baseline
and natural visibility conditions, and the statewide inventory of
visibility-impairing pollutants. EPA is also proposing to approve the
provisions of Oregon's SIP submittal addressing BART as meeting
Oregon's obligations under section 110(a)(2)(D)(i)(II) of the CAA for
visibility. EPA is not taking action today on those provisions of the
Regional Haze SIP submittal related to reasonable progress goals and
the long term strategy.
A. Definition of Regional Haze
Regional haze is impairment of visual range or colorization caused
by emission of air pollution produced by numerous sources and
activities, located across a broad regional area. The sources include
but are not limited to, major and minor stationary sources, mobile
sources, and area sources including non-anthropogenic sources.
Visibility impairment is primarily caused by fine particulate matter
(PM2.5) or secondary aerosol formed in the atmosphere from
precursor gasses (e.g., sulfur dioxide, nitrogen oxides, and in some
cases, ammonia and volatile organic compounds). Atmospheric fine
particulate reduces clarity, color, and visual range of visual scenes.
Visibility-reducing fine particulates are primarily composed of
sulfate, nitrate, organic carbon compounds, elemental carbon, and soil
dust, and impair visibility by scattering and absorbing light. Fine
particulate can also cause serious health effects and mortality in
humans, and contributes to environmental effects such as acid
deposition and eutrophication.\2\
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\2\ See 64 FR at 35715.
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Data from the existing visibility monitoring network, the
``Interagency Monitoring of Protected Visual Environments'' (IMPROVE)
monitoring network, show that visibility impairment caused by air
pollution occurs virtually all the time at most national parks and
wilderness areas. Average visual range in many Class I areas in the
Western United States is 100-150 kilometers, or about one-half to two-
thirds the visual range that would exist without anthropogenic air
pollution.\3\ Visibility impairment also varies day-to-day and by
season depending on variation in meteorology and emission rates.
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\3\ Id.
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B. Regional Haze Rules and Regulations
In section 169A of the 1977 CAA Amendments, Congress created a
program for protecting visibility in the nation's national parks and
wilderness areas. This section of the CAA establishes as a national
goal the ``prevention of any future, and the remedying of any existing,
impairment of visibility in Class I areas which impairment results from
manmade air pollution.'' CAA section 169A(a)(1). On December 2, 1980,
EPA promulgated regulations to address visibility impairment in Class I
areas that is ``reasonably attributable'' to a single source or small
group of sources, i.e., ``reasonably attributable visibility
impairment''. See 45 FR 80084. These regulations represented the first
phase in addressing visibility impairment. EPA deferred action on
regional haze that emanates from a variety of sources until monitoring,
modeling, and scientific knowledge about the relationships between
pollutants and visibility impairment were improved.
Congress added section 169B to the CAA in 1990 to address regional
haze issues. EPA promulgated a rule to address regional haze on July 1,
1999 (64 FR 35713) (the RHR). The RHR revised the existing visibility
regulations to integrate into the regulation provisions addressing
regional haze impairment and established a comprehensive visibility
protection program for Class I areas. The requirements for regional
haze, found at 40 CFR 51.308 and 51.309, are included in EPA's
visibility protection regulations at 40 CFR 51.300-309. Some of the
main elements of the regional haze requirements are summarized in
section III of this rulemaking. The requirement to submit a regional
haze SIP applies to all 50 States, the District of Columbia and the
Virgin Islands.\4\ 40 CFR 51.308(b) requires States to submit the first
implementation plan addressing regional haze visibility impairment no
later than December 17, 2007.
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\4\ Albuquerque/Bernalillo County in New Mexico must also submit
a regional haze SIP to completely satisfy the requirements of
section 110(a)(2)(D) of the CAA for the entire State of New Mexico
under the New Mexico Air Quality Control Act (section 74-2-4).
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C. Roles of Agencies in Addressing Regional Haze
Successful implementation of the Regional Haze Program will require
long-term regional coordination among States, Tribal governments, and
various Federal agencies. As noted above, pollution affecting the air
quality in Class I areas can be transported over long distances, even
hundreds of kilometers. Therefore, to effectively address the problem
of visibility impairment in Class I areas, States need to develop
strategies in coordination with one another, taking into account the
effect of emissions from one jurisdiction on the air quality in
another.
Because the pollutants that lead to regional haze impairment can
originate from across State lines, EPA has encouraged the States and
Tribes to address visibility impairment from a regional perspective.
Five regional planning organizations \5\ (RPOs) were created nationally
to address regional haze and related issues. One of the main objectives
of the RPOs is to develop and analyze data and conduct pollutant
transport modeling to assist the States or Tribes in developing their
regional haze plans.
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\5\ See https://www.epa.gov/air/visibility/regional.html for
description of the regional planning organizations.
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The Western Regional Air Partnership (WRAP),\6\ one of the five
RPOs nationally, is a voluntary partnership of State, Tribal, Federal,
and local air agencies dealing with air quality in the West. WRAP
member States include: Alaska, Arizona, California, Colorado, Idaho,
Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming. WRAP Tribal members include Campo Band of
Kumeyaay Indians, Confederated Salish and Kootenai Tribes, Cortina
Indian Rancheria, Hopi Tribe, Hualapai Nation of the Grand Canyon,
Native Village of Shungnak, Nez Perce Tribe, Northern Cheyenne Tribe,
Pueblo of Acoma, Pueblo of San Felipe, and Shoshone-Bannock Tribes of
Fort Hall.
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\6\ The WRAP Web site can be found at https://www.wrapair.org.
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[[Page 12653]]
D. Interstate Transport for Visibility
On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and
for PM2.5. 62 FR 38652. Section 110(a)(1) of the CAA
requires States to submit a plan to address certain requirements for a
new or revised NAAQS within three years after promulgation of such
standards, or within such shorter time as EPA may prescribe. Section
110(a)(2) of the CAA lists the elements that such new plan submissions
must address, as applicable, including section 110(a)(2)(D)(i), which
pertains to the interstate transport of certain emissions.
On April 25, 2005, EPA published a ``Finding of Failure to Submit
SIPs for Interstate Transport for the 8-hour Ozone and PM2.5
NAAQS.'' 70 FR 21147. This included a finding that Oregon and other
States had failed to submit SIPs to address interstate transport of
emissions affecting visibility and started a 2-year clock for the
promulgation of Federal Implementation Plans (FIPs) by EPA, unless the
States made submissions to meet the requirements of section
110(a)(2)(D)(i) and EPA approves such submissions. Id.
On August 15, 2006, EPA issued guidance on this topic entitled
``Guidance for State Implementation Plan (SIP) Submissions to Meet
Current Outstanding Obligations Under section 110(a)(2)(D)(i) for the
8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards'' (2006 Guidance). We developed the 2006 Guidance to make
recommendations to States for making submissions to meet the
requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone
standards and the 1997 PM2.5 standards.
As identified in the 2006 Guidance, the ``good neighbor''
provisions in section 110(a)(2)(D)(i) of the CAA require each State to
have a SIP that prohibits emissions that adversely affect other States
in ways contemplated in the statute. Section 110(a)(2)(D)(i) contains
four distinct requirements related to the impacts of interstate
transport. The SIP must prevent sources in the State from emitting
pollutants in amounts which will: (1) Contribute significantly to
nonattainment of the NAAQS in other States; (2) interfere with
maintenance of the NAAQS in other States; (3) interfere with provisions
to prevent significant deterioration of air quality in other States; or
(4) interfere with efforts to protect visibility in other States.
With respect to establishing that emissions from sources in the
State would not interfere with measures in other States to protect
visibility, the 2006 Guidance recommended that States make a submission
indicating that it was premature, at that time, to determine whether
there would be any interference with measures in the applicable SIP for
another State designed to ``protect visibility'' until the submission
and approval of regional haze SIPs. Regional haze SIPs were required to
be submitted by December 17, 2007. See 74 FR 2392. At this later point
in time, however, EPA believes it is now necessary to evaluate such
110(a)(2)(D)(i) submissions from a State to ensure that the existing
SIP, or the SIP as modified by the submission, contains adequate
provisions to prevent interference with the visibility programs of
other States, such as for consistency with the assumptions for controls
relied upon by other States in establishing reasonable progress goals
to address regional haze.
The Regional Haze Program, as reflected in the RHR, recognizes the
importance of addressing the long-range transport of pollutants for
visibility and encourages States to work together to develop plans to
address haze. The regulations explicitly require each State to address
its ``share'' of the emission reductions needed to meet the reasonable
progress goals for neighboring Class I areas. States, working together
through a regional planning process, are required to address an agreed-
upon share of their contribution to visibility impairment in the Class
I areas of their neighbors. 40 CFR 51.308(d)(3)(ii). Given these
requirements, we anticipate that regional haze SIPs will contain
measures that will achieve these emissions reductions, and that these
measures will meet the requirements of section 110(a)(2)(D)(i).
As a result of the regional planning efforts in the West, all
States in the WRAP region contributed information to a Technical
Support System (TSS) which provides an analysis of the causes of haze,
and the levels of contribution from all sources within each State to
the visibility degradation of each Class I area. The WRAP States
consulted in the development of reasonable progress goals, using the
products of this technical consultation process to co-develop their
reasonable progress goals for the Western Class I areas. The modeling
done by the WRAP relied on assumptions regarding emissions over the
relevant planning period and embedded in these assumptions were
anticipated emissions reductions in each of the States in the WRAP,
including reductions from BART and other measures to be adopted as part
of the State's long term strategy for addressing regional haze. The
reasonable progress goals in the draft and final regional haze SIPs
that have now been prepared by States in the West accordingly are
based, in part, on the emissions reductions from nearby States that
were agreed on through the WRAP process.
Oregon submitted a Regional Haze SIP on July 16, 2009 to address
the requirements of the RHR. On September 11, 2009, EPA determined that
this SIP submission was complete. Oregon submitted a revised Regional
Haze SIP on December 20, 2010, replacing the July 2009 submission. On
February 1, 2011, Oregon provided EPA additional information to address
the requirements of the RHR and the good neighbor provisions of section
110(a)(2)(D)(i)(II)) of the Act, regarding visibility for the 1997 8-
hour ozone NAAQS and the 1997 PM2.5 NAAQS. EPA has reviewed
the submittal and concluded at this time to propose to take action on
only certain elements of Oregon's Regional Haze SIP. EPA is required to
take final action either to approve Oregon's SIP submittal, or
otherwise to take action to meet the requirements of section
110(a)(2)(D)(i)(II) regarding visibility on or before June 21, 2011.\7\
EPA is proposing to find that certain elements of Oregon's Regional
Haze SIP submittal meet these requirements. In particular, as explained
in section V of this action, EPA is proposing to find that the BART
measures in Oregon's Regional Haze SIP submittal, which EPA is
proposing to approve in this action, will also mean that the Oregon SIP
meets the requirements of section 110(a)(2)(D)(i)(II) regarding
visibility for the 1997 8-hour ozone and 1997 PM2.5 NAAQS.
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\7\ Wildearth Guardians v. Jackson, Case No. 4:09-CV-02453-CW
(N.D. Calif) (as modified by Jan 14, 2011 Order Granting Motion to
Modify Consent Decree).
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II. Requirements for Regional Haze SIPs
A. The CAA and the Regional Haze Rule
Regional haze SIPs must assure reasonable progress towards the
national goal of achieving natural visibility conditions in Class I
areas. Section 169A of the CAA and EPA's implementing regulations
require States to establish long-term strategies for making reasonable
progress toward meeting this goal. Implementation plans must also give
specific attention to certain stationary sources that were in existence
on August 7, 1977, but were not in operation before August 7, 1962, and
require these sources, where appropriate, to install BART controls for
[[Page 12654]]
the purpose of eliminating or reducing visibility impairment. The
specific regional haze SIP requirements are discussed in further detail
below.
B. Determination of Baseline, Natural, and Current Visibility
Conditions
The RHR establishes the deciview (dv) as the principal metric for
measuring visibility. This visibility metric expresses uniform changes
in haziness in terms of common increments across the entire range of
visibility conditions, from pristine to extremely hazy conditions.
Visibility is determined by measuring the visual range (or deciview),
which is the greatest distance, in kilometers or miles, at which a dark
object can be viewed against the sky. The deciview is a useful measure
for tracking progress in improving visibility, because each deciview
change is an equal incremental change in visibility perceived by the
human eye. Most people can detect a change in visibility at one
deciview.\8\
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\8\ The preamble to the RHR provides additional details about
the deciview. 64 FR 35714, 35725 (July 1,1999).
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The deciview is used in expressing reasonable progress goals (which
are interim visibility goals towards meeting the national visibility
goal), defining baseline, current, and natural conditions, and tracking
changes in visibility. The regional haze SIPs must contain measures
that ensure ``reasonable progress'' toward the national goal of
preventing and remedying visibility impairment in Class I areas caused
by manmade air pollution by reducing anthropogenic emissions that cause
regional haze. The national goal is a return to natural conditions,
i.e., anthropogenic sources of air pollution would no longer impair
visibility in Class I areas.
To track changes in visibility over time at each of the 156 Class I
areas covered by the visibility program (40 CFR 81.401-437), and as
part of the process for determining reasonable progress, States must
calculate the degree of existing visibility impairment at each Class I
area at the time of each regional haze SIP submittal and periodically
review progress every five years midway through each 10-year
implementation period. To do this, the RHR requires States to determine
the degree of impairment (in deciviews) for the average of the 20%
least impaired (``best'') and 20% most impaired (``worst'') visibility
days over a specified time period at each of their Class I areas. In
addition, States must also develop an estimate of natural visibility
conditions for the purpose of comparing progress toward the national
goal. Natural visibility is determined by estimating the natural
concentrations of pollutants that cause visibility impairment, and then
calculating total light extinction based on those estimates. EPA has
provided guidance to States regarding how to calculate baseline,
natural and current visibility conditions in documents titled, EPA's
Guidance for Estimating Natural Visibility Conditions Under the
Regional Haze Rule, September 2003, (EPA-454/B-03-005 located at https://www.epa.gov/ttncaaa1/t1/memoranda/rh_envcurhr_gd.pdf), (hereinafter
referred to as ``EPA's 2003 Natural Visibility Guidance''), and
Guidance for Tracking Progress Under the Regional Haze Rule (EPA-454/B-
03-004 September 2003 located at https://www.epa.gov/ttncaaa1/t1/memoranda/rh_tpurhr_gd.pdf), (hereinafter referred to as ``EPA's 2003
Tracking Progress Guidance'').
For the first regional haze SIPs that were due by December 17,
2007, ``baseline visibility conditions'' were the starting points for
assessing ``current'' visibility impairment. Baseline visibility
conditions represent the degree of visibility impairment for the 20%
least impaired days and 20% most impaired days for each calendar year
from 2000 to 2004. Using monitoring data for 2000 through 2004, States
are required to calculate the average degree of visibility impairment
for each Class I area, based on the average of annual values over the
five-year period. The comparison of initial baseline visibility
conditions to natural visibility conditions indicates the amount of
improvement necessary to attain natural visibility, while the future
comparison of baseline conditions to the then-current conditions will
indicate the amount of progress made. In general, the 2000-2004
baseline time period is considered the time from which improvement in
visibility is measured.
C. Consultation With States and Federal Land Managers
The RHR requires that States consult with Federal Land Managers
(FLMs) before adopting and submitting their SIPs. See 40 CFR 51.308(i).
States must provide FLMs an opportunity for consultation, in person and
at least 60 days prior to holding any public hearing on the SIP. This
consultation must include the opportunity for the FLMs to discuss their
assessment of visibility impairment in any Class I area and to offer
recommendations on the development of the reasonable progress goals and
on the development and implementation of strategies to address
visibility impairment. Further, a State must include in its SIP a
description of how it addressed any comments provided by the FLMs.
Finally, a SIP must provide procedures for continuing consultation
between the State and FLMs regarding the State's visibility protection
program, including development and review of SIP revisions, five-year
progress reports, and the implementation of other programs having the
potential to contribute to impairment of visibility in Class I areas.
D. Best Available Retrofit Technology
Section 169A of the CAA directs States to evaluate the use of
retrofit controls at certain larger, often uncontrolled, older
stationary sources in order to address visibility impacts from these
sources. Specifically, section 169A(b)(2)(A) of the CAA requires States
to revise their SIPs to contain such measures as may be necessary to
make reasonable progress towards the natural visibility goal, including
a requirement that certain categories of existing major stationary
sources \9\ built between 1962 and 1977 procure, install, and operate
the ``Best Available Retrofit Technology'' as determined by the State.
States are directed to conduct BART determinations for such sources
that may be anticipated to cause or contribute to any visibility
impairment in a Class I area. Rather than requiring source-specific
BART controls, States also have the flexibility to adopt an emissions
trading program or other alternative program as long as the alternative
provides greater reasonable progress towards improving visibility than
BART.
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\9\ The set of ``major stationary sources'' potentially subject
to BART is listed in CAA section 169A(g)(7).
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On July 6, 2005, EPA published the Guidelines for BART
Determinations Under the Regional Haze Rule at appendix Y to 40 CFR
Part 51 (hereinafter referred to as the ``BART Guidelines'') to assist
States in determining which of their sources should be subject to the
BART requirements and in determining appropriate emission limits for
each applicable source. In making a BART applicability determination
for a fossil fuel-fired electric generating plant with a total
generating capacity in excess of 750 megawatts, a State must use the
approach set forth in the BART Guidelines. A State is encouraged, but
not required, to follow the BART Guidelines in making BART
determinations for other types of sources.
States must address all visibility-impairing pollutants emitted by
a source
[[Page 12655]]
in the BART determination process. The most significant visibility-
impairing pollutants are sulfur dioxide, nitrogen oxides, and fine
particulate matter. EPA has indicated that States should use their best
judgment in determining whether volatile organic compounds or ammonia
compounds impair visibility in Class I areas.
Under the BART Guidelines, States may select an exemption threshold
value for their BART modeling, below which a BART-eligible source would
not be expected to cause or contribute to visibility impairment in any
Class I area. The State must document this exemption threshold value in
the SIP and must state the basis for its selection of that value. Any
source with emissions that model above the threshold value would be
subject to a BART determination review. The BART Guidelines acknowledge
varying circumstances affecting different Class I areas. States should
consider the number of emission sources affecting the Class I areas at
issue and the magnitude of the individual sources' impacts. Generally,
an exemption threshold set by the State should not be higher than 0.5
deciview.
In their SIPs, States must identify potential BART sources,
described as ``BART-eligible sources'' in the RHR, and document their
BART control determination analyses. The term ``BART-eligible source''
used in the BART Guidelines means the collection of individual emission
units at a facility that together comprises the BART-eligible source.
In making BART determinations, section 169A(g)(2) of the CAA requires
that States consider the following factors: (1) The costs of
compliance, (2) the energy and non-air quality environmental impacts of
compliance, (3) any existing pollution control technology in use at the
source, (4) the remaining useful life of the source, and (5) the degree
of improvement in visibility which may reasonably be anticipated to
result from the use of such technology. States are free to determine
the weight and significance to be assigned to each factor.
A regional haze SIP must include source-specific BART emission
limits and compliance schedules for each source subject to BART. Once a
State has made its BART determination, the BART controls must be
installed and in operation as expeditiously as practicable, but no
later than five years after the date EPA approves the regional haze
SIP. CAA section 169(g)(4). 40 CFR 51.308(e)(1)(iv). In addition to
what is required by the RHR, general SIP requirements mandate that the
SIP must also include all regulatory requirements related to
monitoring, recordkeeping, and reporting for the BART controls on the
source. States have the flexibility to choose the type of control
measures they will use to meet the requirements of BART.
III. EPA's Analysis of Oregon's Regional Haze SIP
A. Affected Class I Areas
There are 12 mandatory Class I areas, or portions of such areas
within Oregon: Mt. Hood Wilderness Area, Mt. Jefferson Wilderness Area,
Mt Washington Wilderness Area, Kalmiopsis Wilderness Area, Mountain
Lakes Wilderness Area, Gearhart Mountain Wilderness Area, Crater Lake
National Park, Diamond Peak Wilderness Area, Three Sisters Wilderness
Area, Strawberry Mountain Wilderness Area, Eagle Cap Wilderness Area,
and Hells Canyon Wilderness Area. Hells Canyon Wilderness Area is
shared with the State of Idaho. See 40 CFR 81.425. Oregon is
responsible for developing reasonable progress goals (RPGs) for these
12 Class I areas. Oregon Department of Environmental Quality (ODEQ)
consulted with the appropriate State air quality agency in Washington,
Idaho, California, and Nevada to determine Oregon's contribution to
haze in neighboring States' Class I areas. See chapter 13, section 13.2
of the Oregon Regional Haze SIP submittal. See also the WRAP Technical
Support Document, February 28, 2011 (WRAP TSD) supporting this
action.\10\
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\10\ EPA evaluated the technical work products of the WRAP used
by Oregon in support of this Regional Haze SIP submittal. The
results of that evaluation are included in the WRAP Technical
Support Document.
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B. Baseline and Natural Conditions and Uniform Rate of Progress
Oregon, using data from the IMPROVE monitoring network and analyzed
by WRAP, established baseline and natural visibility conditions as well
as the uniform rate of progress (URP) to achieve natural visibility
conditions by 2064 for all Oregon Class I areas within its borders.
Baseline visibility for the most-impaired (20% worst) days and the
least-impaired (20% best) days was calculated from monitoring data
collected by IMPROVE monitors. Not every Class I area has an IMPROVE
monitor, rather a monitor in a Class I area may represent the air
quality and visibility conditions for more than a single Class I area.
The Class I areas that are represented by a monitor in a near-by Class
I area were determined by the States and the IMPROVE Steering
Committee. This decision was based on the Class I areas in a group
having the same general visibility conditions. IMPROVE monitors are
located in six Oregon Class I areas and represent all 12 Oregon Class I
areas. Specifically, the Oregon Class I areas are segregated into six
groups. These groups and Class I areas are:
North Cascades: Mt. Hood Wilderness Area.
Central Cascades: Mt. Jefferson, Mt. Washington, and Three
Sisters Wilderness Areas.
Southern Cascades: Crater Lake National Park, Diamond
Peak, Mountain Lakes, and Gearhart Wilderness Areas.
Coast Range: Kalmiopsis Wilderness Area.
Eastern Oregon: Strawberry Mountain and Eagle Cap
Wilderness Areas.
Eastern Oregon/Western Idaho: Hells Canyon Wilderness
Area.
In general, WRAP based their estimates of natural conditions on EPA
guidance, Guidance for Estimating Natural Visibility Conditions Under
the Regional Haze Program (EPA-45/B-03-0005 September 2003) but
incorporated refinements which EPA believes provides results more
appropriate for western States than the general EPA default approach.
See section 2.D and 2.E of the WRAP TSD, supporting this action.
Visibility on 20% worst days during the 2000-04 baseline period for
each group of Oregon Class I areas is:
North Cascades--14.9 dv
Central Cascades--15.3 dv
Southern Cascades--13.7 dv
Coast Range--15.5 dv
Eastern Oregon--18.6 dv
Eastern Oregon/Western Idaho--18.6 dv
Visibility on 20% best days during the 2000-04 baseline period for
each group of Oregon Class I areas is:
North Cascades--2.2 dv
Central Cascades--3.0 dv
Southern Cascades--1.7 dv
Coast Range--6.3 dv
Eastern Oregon--4.5 dv
Eastern Oregon/Western Idaho--5.5 dv
Natural visibility conditions on the 20% worst days for each group
of Class I areas are:
Northern Cascades--8.4 dv
Central Cascades--8.8 dv
Southern Cascades--7.6 dv
Coast Range--9.4 dv
Eastern Oregon--8.9 dv
Eastern Oregon/Western Idaho -8.3 dv
The 2018 Uniform Rate of Progress (URP) goal for the 20% worst days
in each group of Class I areas is:
[[Page 12656]]
North Cascades--13.4 dv
Central Cascades--13.8 dv
Southern Cascades--12.3 dv
Coast Range--14.1 dv
Eastern Oregon -16.3 dv
Eastern Oregon/Western Idaho--16.2 dv
Baseline visibility conditions, 2064 natural conditions, and
reductions needed to achieve the 2018 URP for the 20% worst days for
each group of Oregon Class I areas are identified in table 6-1 of
chapter 6 of the Oregon Regional Haze Plan.
Based on our evaluation of the State's baseline and natural
conditions analysis, EPA is proposing to find that Oregon has
appropriately determined baseline visibility for the average 20% worst
and 20% best days, and natural visibility conditions for the average
20% worst days in each Oregon Class I area. See sections 2.D and 2.E of
the WRAP TSD supporting this action.
C. Oregon Emissions Inventories
There are three main categories of air pollution emission sources:
point sources, area sources, and mobile sources. Point sources are
larger stationary sources that emit air pollutants. Area sources are
large numbers of small sources that are widely distributed across an
area, such as residential heating units, re-entrained dust from unpaved
roads or windblown dust from agricultural fields. Mobile sources are
sources such as motor vehicles, locomotives and aircraft.
EPA's Regional Haze Rule requires a statewide emission inventory of
pollutants that are reasonably anticipated to cause or contribute to
visibility impairment in any mandatory Class I area. 40 CFR
51.308(d)(4)(v). The WRAP, with data supplied by the States, compiled
emission inventories for all major source categories in Oregon and
estimated the 2002 baseline year (based on an average of 2000-2004).
Oregon also compiled an emission inventory for 2018. Emission estimates
for 2018 were generated from anticipated population growth, growth in
industrial activity, and emission reductions from implementation of
control measures, e.g., implementation of BART limitations and motor
vehicle tailpipe emissions.
Chapter 8 of the Oregon Regional Haze SIP submittal discusses how
emission estimates were determined for statewide emission inventories
by pollutant and source category. Appendix A of the Oregon Regional
Haze Plan identifies the Oregon emission inventory by county. Detailed
estimates of the emissions used in the modeling conducted by the WRAP
for Oregon can be found at the WRAP Web site: https://vista.cira.colostate.edu/TSS/Results/Emissions.aspx.
The Oregon Regional Haze SIP submittal identifies total emissions
for all visibility-impairing pollutants including sulfur dioxide
(SO2), nitrogen oxides (NOX), volatile organic
compounds (VOC), organic carbon (OC), elemental carbon (EC), other fine
particulate (PM2.5), coarse particulate matter (PM coarse),
and ammonia (NH3). These emission estimates were partitioned
into nine emission source categories: Point source, area source, on-
road mobile, off-road mobile, anthropogenic fire (prescribed fire and
agricultural field burning), natural fire, road dust, and fugitive
dust. See chapter 8.1 of the Oregon Regional Haze SIP submittal for
additional detail on how the statewide emission inventory was
developed, and for tables showing the emissions inventory for each
pollutant by source category. The methods that WRAP used to develop
these emission inventories are described in more detail in the WRAP
TSD. As explained in the WRAP TSD, emissions were calculated using best
available data and approved EPA methods. See WRAP TSD section 3.
Point sources in Oregon account for 39% (18,493 tons/year) of total
State-wide SO2 emissions. The most significant point sources
are coal-fired electrical generation units. Area sources (such as
Pacific offshore shipping, wood combustion, and natural gas combustion)
contribute about 21% (9,932 tons/year) to Oregon statewide
SO2 emissions. On-road mobile and off-road mobile sources
contribute a combined total of 21% (9,981 tons/year) of the Oregon
SO2 emissions. In the Oregon Regional Haze SIP submittal,
the State projected SO2 reductions of 57% in point sources,
15% in area sources, 94% combined reduction in on-road and off-road
mobile source emissions, and 17% in anthropogenic fire emissions by
2018 (see Chapter 8 of the Oregon Regional Haze Plan).
Upon further review, EPA determined that the 57% reduction in point
source emissions was partially based on WRAP's assumption of an
SO2 emission rate of 0.15 lb/mmBtu (presumptive limit for
utility boilers identified in the BART Guidelines, see Section IV.
E.4.) from the PGE Boardman coal fired power plant by 2018. The
remaining SO2 point emission reductions in Oregon would be
achieved through ongoing and new industrial control requirements, and
projected source retirements and shutdowns. However, the BART
determination for PGE Boardman based on a 2020 plant lifetime, which
EPA proposes to approve in this rulemaking (see section III. E.4
below), achieves an SO2 emission limit of 0.30 lb/mmBtu by
2018, or about 4,000 ton/year less SO2 reductions than
assumed by WRAP. Thus, statewide point source emission reductions of
SO2 are estimated by EPA to be 35% by 2018. However, if PGE
Boardman ceases to burn coal by 2020, as it would under the proposed
approved BART determination, there will be an estimated 76% reduction
is SO2 from point sources by 2020 which will provide a
substantial improvement at that time in visibility in all 14 Class I
areas currently impacted by PGE Boardman.
On-road mobile sources account for 43% (111,646 tons/year) of the
total NOX statewide emissions in Oregon. Off-road mobile
sources account for 21% (53,896 tons/year), natural fire accounts for
11% (27,397 tons/year), and point sources account for 10% (26,160 tons/
year) of the statewide NOX emissions. The State expects on-
road and off-road mobile source emissions to decline by 62% and 40%,
respectively, by 2018, due to Federally mandated emission standards for
mobile sources. The State also projects NOX emissions from
point sources will decrease by 5% (or 1,213 tons/year). After
evaluating the assumptions on which this 5% reduction was based, it
appears that the 5% reduction does not include presumptive
NOX emission reductions from the PGE Boardman facility by
2018. The presumptive NOX emission limit for utility
boilers, like PGE Boardman boiler, is 0.23 lb/mmBtu. EPA BART
Guidelines (Section IV (E)(5)). The current NOX emission
limit for the PGE Boardman is 0.43 lb/mmBtu, which results in emissions
of about 10,300 tons/year (based on 2007 actual emissions). The BART
determination for PGE Boardman based on it ceasing to burn coal by
2020, which EPA proposes to approve in this rulemaking (see section
III. E.4 below), achieves a NOX emission limit of 0.23 lb/
mmBtu, or annual emissions of about 5,500 tons/year (a 47% reduction)
by 2013. Thus, in EPA's estimation, there will be about a 23% reduction
in NOX emissions from all Oregon point sources by 2018. The
State expects emissions from natural fire to remain unchanged by 2018.
The net effect of these projected emissions results in a 37% overall
reduction in NOX emissions in Oregon by 2018.
Most of the organic carbon emissions in Oregon are from natural
fire, which fluctuate greatly from year to year. For 2002, about 68% of
statewide organic carbon emissions in Oregon were due to natural fire.
Anthropogenic fire
[[Page 12657]]
(prescribed fire, agricultural field burning, and outdoor residential
burning) accounts for 9% of the statewide organic carbon emissions. A
variety of other area sources contribute a total of 19% of the
statewide organic carbon, with residential wood combustion being a
significant component. The State expects area source emissions to
increase slightly (7%) by 2018, due mostly to population increases. The
State projects the most significant reductions in organic carbon by
2018 will be from point sources (80%) due to anticipated emission
controls, off-road mobile (36%) due to implementation of the Federal
mobile source regulations, and anthropogenic fire (28%) due to stricter
Oregon rules controlling prescribed burning, agricultural burning, and
residential burning. However, because natural fire emissions are
expected to remain unchanged, total organic carbon emissions are
estimated to decline by only 3% by 2018.
Elemental carbon is associated with incomplete combustion. Like
organic carbon, the primary source of elemental carbon in Oregon is
natural fire (61%), area sources (such as wood combustion) (15%), and
off-road mobile sources (12%). The State projects an increase of
elemental carbon area source emissions by 6% due to population growth.
Oregon estimates a decrease of combined on-road and off-road mobile
source elemental carbon by about 65% by 2018. This reduction in mobile
source emissions results from new Federal mobile source emission
regulations. However, because elemental carbon emissions are dominated
by natural fire, which are expected to remain unchanged, the State
projects only an 11% reduction in State wide elemental carbon emissions
by 2018.
Other fine particulates, particles with an aerodynamic diameter of
less than 2.5 micrometers (PM2.5), are emitted directly from
a variety of area sources. Area sources are responsible for 34% of all
directly-emitted PM2.5 emissions in Oregon. Wind-blown dust
from agriculture, mining, construction, and roads contribute about 25%
to the total statewide PM2.5 emissions. The State projects a
12% increase in area source emissions due to population and economic
growth, and wind-blown dust emissions to remain unchanged by 2018,
resulting in a statewide 2% reduction in total PM2.5 by
2018.
Coarse particulate matter (PM coarse) is particulate matter within
the size range of 2.5-10 micrometers. PM coarse emission sources
include windblown dust, rock crushing and processing, material
transfer, and open pit mining. Windblown dust is the dominant source of
PM coarse emissions in Oregon at 104,274 tons/year (60%). Statewide PM
coarse emissions are estimated to increase by 17% in 2018, primarily
because emissions from fugitive dust sources (construction, paved
roads, and unpaved roads) are expected to increase 106% due to
population growth, and windblown dust will remain unchanged.
Volatile organic compound (VOC) emissions are dominated by biogenic
emissions from forests and vegetation, which account for about 70% of
statewide Oregon VOC emissions. In Oregon, agricultural crops and urban
vegetation are also significant sources. Other sources of VOCs are
mobile sources at 8%, and area sources (industrial and commercial
facilities, and residential solvent use) at 15%. Oregon projects that
statewide area source emissions will increase by 36% by 2018, primarily
due to population growth. As a result, the State estimates that total
Oregon VOC emissions will increase by 2% by 2018.
Ammonia (NH3) does not directly impair visibility but
can be a precursor to the formation of particulate in the atmosphere
through chemical reaction with SO2 and NOX to
form ``secondary aerosol'' sulfate and nitrate. About 80% of the
NH3 emissions in Oregon come from agricultural-related
activities, primarily livestock operations and farm fertilizer
applications. Since the NH3 emissions from these
agricultural sources are expected to remain unchanged by 2018, and
mobile source emissions of NH3 are projected to increase by
45% (1,463 tons/year) by 2018, Oregon projects that there will be a
total 2% increase of NH3 emissions by 2018.
D. Sources of Visibility Impairment in Oregon Class I Areas
Each pollutant species has its own visibility impairing property; 1
[mu]g/m\3\ of sulfate at high humidity, for example, is more effective
in scattering light than 1 [mu]g/m\3\ of organic carbon and therefore
impairs visibility more than organic carbon. Following the approach
recommended by the WRAP, and as explained more fully below, Oregon used
a two step process to identify the contribution of each source or
source category to existing visibility impairment. First, ambient
pollutant concentration by species (such as sulfate, nitrate, organic
carbon, and elemental carbon) was determined from the IMPROVE data
collected for each group of Class I areas. These concentrations were
then converted into deciview values to distribute existing impairment
among the measured pollutant species. The deciview value for each
pollutant species was calculated by using the ``revised IMPROVE
equation'' (See Section 2.C of the WRAP TSD) to calculate extinction
from each pollutant species concentration. Extinction, in inverse
megameters, was then converted to deciview using the equation defining
deciview. Second, the Comprehensive Air Quality Model with Extensions
(CAMx) and PM Source Apportionment Technology (PSAT) models were used
to determine which sources and source categories contributed to the
ambient concentration of each pollutant species. Thus, impairment was
distributed by source and source category.
After considering the available models, the WRAP and Western States
selected two source apportionment analysis tools. The first source
apportionment tool was the Comprehensive Air Quality Model with
Extensions (CAMx) in conjunction with PM Source Apportionment
Technology (PSAT). This model uses emission source characterization,
meteorology and atmospheric chemistry for aerosol formation to predict
pollutant concentrations in the Class I area. The predicted results are
compared to measured concentrations to assess accuracy of model output.
CAMx PSAT modeling was used to determine source contribution to ambient
sulfate and nitrate concentrations. The WRAP used state-of-the-science
source apportionment tools within a widely used photochemical model.
EPA has reviewed the PSAT analysis and considers the modeling,
methodology, and analysis acceptable. See section 6.A of the WRAP TSD.
The second tool was the Weighted Emissions Potential (WEP) model,
used primarily as a screening tool to decide which geographic source
regions have the potential to contribute to haze at specific Class I
areas. WEP does not account for atmospheric chemistry (secondary
aerosol formation) or removal processes, and thus is used for
estimating inert particulate concentrations. The model uses back
trajectory wind flow calculations and resident time of an air parcel to
determine source and source category and location for ambient organic
carbon, elemental carbon, PM2.5, and coarse PM
concentrations. These modeling tools were the state-of-the-science and
EPA has determined that these tools were appropriately used by WRAP for
regional haze planning. Description of these tools and our evaluation
of them
[[Page 12658]]
are described in more detail in section 6 of the WRAP TSD.
Section 9.2.1 of the Oregon SIP submittal explains that sources in
areas outside of the modeling domain (i.e., portions of northern
Canada, southern Mexico, Pacific offshore, and global sources)
contribute between 40% to 60% of the sulfate that impairs visibility in
all of Oregon's Class I areas on the 20% worst days. SO2
sources within the WRAP region contribute about 33% of sulfate that
impairs visibility in Oregon Class I areas. Of the SO2
contribution from WRAP States, about 50% of the SO2 comes
from point, area, and mobile sources in Oregon.
The PSAT results also show that between 15 to 33% of the nitrate
impairing visibility in all of Oregon's Class I areas comes from
sources outside of the modeling domain, with the remainder from sources
within the WRAP region.
North and Central Cascades Class I Areas
The PSAT results for sulfate show that for the 20% worst days
during 2000-2004 the North and Central Cascades Class I areas are
mostly impacted by sulfate from a combination of SO2 point,
area and mobile sources in Washington, Oregon, and marine shipping in
the Pacific offshore region (see Oregon Regional Haze SIP submittal
Figures 9.2.1-1 through Figures 9.2.1-6). The mobile source
contribution to sulfate pollution is expected to decline significantly
by 2018 due to the implementation of the Federal low sulfur diesel fuel
rule, which went into effect in 2006 for on-road mobile sources, and
took effect for non-road mobile sources in 2010.
The PSAT results for nitrate show that a majority of the nitrate
impacting the North and Central Cascades Class I areas is from mobile
sources in Oregon and Washington (see Oregon Regional Haze SIP
submittal Figures 9.2.2-1 through Figures 9.2.2-6). PSAT results
predict about a 50% reduction in nitrate concentrations in these area
by 2018 due to a 50% reduction in NOX emissions from Oregon
and Washington mobile sources.
Based on the WEP model results, the organic carbon in the North
Cascades on the 20% worst visibility days comes mostly from area
sources and natural fires in Oregon, with a small contribution from
areas sources in Washington. On the 20% worst visibility days at North
Cascades, most of the primary PM2.5 contributions come from
area and fugitive dust sources in Oregon, and to a lesser extent area
and point sources in Washington.
For the 20% worst visibility days in the Central Cascades, most of
the organic carbon comes from a combination of area source emissions
and natural and anthropogenic fire in Oregon. For the 20% worst
visibility days in the Central Cascades, the OC comes primarily from
Oregon area sources. For the 20% worst visibility days in the Central
Cascades, most of the PM2.5 comes from area sources in
Oregon.
Southern Cascades Class I Areas
For the 20% worst days in the three Class I areas in the Southern
Cascades, overall visibility impairment due to sulfate are lower
compared to the Northern and Central Cascade Class I areas. Most of the
sulfate impacting these Southern Cascade Class I areas is from point
sources in Oregon, Washington, California, and Canada. Pacific offshore
shipping is also a substantial contributor of sulfate to this area.
For the 20% worst days in Southern Cascades, the most significant
sources of nitrate are mobile sources in Oregon and Washington. The
impact from these sources is expected to decrease by about 50% by 2018
due to Federal mobile source emission control measures.
For the 20% worst visibility days in the Southern Cascades,
approximately 90% of the organic carbon contribution came from natural
fires in 2002. Emissions from natural fires are expected to be
unchanged by 2018.
Coast Range Class I Area
The only Class I area in the Coast Range group is the Kalmiopsis
Wilderness Area. The most significant sources of sulfate to the
Kalmiopsis Wilderness Area are natural fires in Oregon, and marine
shipping in the Pacific Ocean. Both of these sources are expected to be
unchanged by 2018.
A majority of the nitrate impacting the Kalmiopsis Wilderness Area
is from mobile sources in Oregon and from marine shipping in the
Pacific Ocean. Smaller contributions come from Washington and
California mobile sources. Mobile source contributions to this area are
expected to decrease by about 50% by 2018.
For the 20% worst visibility days in the Kalmiopsis Wilderness,
almost all of organic carbon for the 2002 base year came from natural
fire. For the 20% worst visibility days in the Kalmiopsis, the
PM2.5 contributions were mostly from natural fire in Oregon.
For the 20% worst days in the Kalmiopsis Wilderness Area, the
contribution from point sources is relatively small. For the 20% of
worst days in the Kalmiopsis Wilderness Area, the vast majority of
nitrate comes from Oregon mobile sources, with smaller contributions
from Washington and California mobile sources. There is also a
substantial nitrate contribution from Pacific offshore shipping, due
primarily to the close proximity of the Kalmiopsis Wilderness Area to
the Pacific Ocean.
Eastern Oregon Class I Areas
For the 20% worst days in Strawberry Mountain Wilderness and Eagle
Cap Wilderness Areas, the contribution of sulfates from each
geographical area is relatively low (less than 0.12 micrograms per
cubic meter), with the largest contribution being from point sources
from Canada, Washington, and Oregon. However, the visibility on the 20%
worst days in this area is significantly impacted (greater than 0.20
micrograms per cubic meter) by a combination of point, area, and mobile
NOX sources in Oregon, Washington, and Idaho.
For the 20% worst visibility days in the Strawberry Mountain
Wilderness and Eagle Cap Wilderness Areas, about 80% of the organic
carbon contribution came from a combination of natural fires and
anthropogenic sources in Oregon. For the 20% worst visibility days
there is also a dominant PM2.5 contribution from windblown
dust, and some fugitive and road dust area and fire sources in Oregon.
The contribution of this mixture of source from Washington is about
half of the Oregon level.
Eastern Oregon/Western Idaho Class I Area
For the 20% worst days in the Hells Canyon Wilderness Area, the
contribution of sulfates from each geographical area is relatively low
(less than 0.06 micrograms per cubic meter), with the largest
contribution being from point sources from Canada, Idaho, and Oregon.
However, the visibility on the 20% worst days in this area is
significantly impacted (greater than 0.35 micrograms per cubic meter)
by a combination of mobile and area NOX sources in Idaho,
and to a lesser degree, point and mobile sources in Oregon.
For the 20% worst visibility days in the Hells Canyon Wilderness
Area, the majority of the organic carbon contribution comes from a
combination of Oregon natural and anthropogenic fire sources and to a
lesser extent from anthropogenic and natural fire sources in Oregon.
For the 20% worst visibility days in the Hells Canyon Wilderness Area,
most of the contribution of PM2.5 comes from a combination
of windblown, fugitive and road dust
[[Page 12659]]
sources in Idaho and to a lesser degree, the same mix of sources in
Oregon.
EPA is proposing to find that Oregon has appropriately identified
the primary pollutants impacting its Class I areas. EPA is also
proposing to find that the SIP contains an appropriate analysis of the
impact of these pollutants in nearby Class I areas.
E. Best Available Retrofit Technology (BART)
1. BART-Eligible Sources in Oregon
The first step of a BART evaluation is to identify all the BART-
eligible sources within the State's boundaries. Table 10.2-1 in the
Oregon Regional Haze SIP submittal presents the list of ten BART-
eligible sources located in Oregon. These sources are: Amalgamated
Sugar (Nyssa), Portland Gas and Electric (PGE) power plant (Boardman),
Boise Paper Solutions (St. Helens), Georgia Pacific Wauna pulp mill
(Clatskanie), PGE Beaver power plant (Clatskanie), Georgia Pacific pulp
mill (Toledo), Pope and Talbot pulp mills (Halsey), SP Newsprint
(Newberg), International Paper pulp mill (Springfield), and Kingsford
charcoal production (Springfield).
2. BART-Subject Sources in Oregon
The second step of a BART evaluation is to identify those BART-
eligible sources that may reasonably be anticipated to cause or
contribute to any impairment of visibility at any Class I area and are,
therefore, subject to BART. As explained above, EPA has issued
guidelines that provide States with guidance for addressing the BART
requirements. 40 CFR Part 51 Appendix Y--Guidelines for BART
determinations under the regional Haze Rule (BART Guidelines); see also
70 FR 39104 (July 6, 2005). The BART Guidelines describe how States may
consider exempting some BART-eligible sources from further BART review
based on dispersion modeling showing that the source contributes to
impairment below a certain threshold amount. Oregon conducted
dispersion modeling for the BART-eligible sources to determine the
visibility impacts of these sources on Class I areas.
The BART Guidelines require States to set a contribution threshold
to assess whether the impact of a single source is sufficient to cause
or contribute to visibility impairment at a Class I area. Generally,
States may not establish a contribution threshold that exceeds 0.5 dv
impact. 70 FR at 39161. Oregon established a contribution threshold of
0.5 dv through negotiated rulemaking with industry, FLMs, and the
public. In its SIP submittal, Oregon notes that the 0.5 dv threshold is
also consistent with the threshold used by all other States in the
WRAP. Any source with an impact of greater than 0.5 dv in any Class I
area, including Class I areas in other States, would be subject to a
BART analysis and BART emission limitations.
Oregon established a contribution threshold of 0.5 dv based on the
following reasons; (1) it equates to the 5% extinction threshold for
new sources under the PSD New Source Review rules, (2) it is consistent
with the threshold selected by other States in the West, (3) it
represents the limit of perceptible change, and (4) there was no clear
rationale or justification for selecting a lower level. EPA finds that
these reasons alone do not provide sufficient basis for concluding that
such a threshold is appropriate for Oregon. Nevertheless, based on the
additional information described below, EPA proposes to approve the
list of subject-to-BART sources in this SIP submittal.
In the BART Guidelines, EPA recommended that States ``consider the
number of BART sources affecting the Class I areas at issue and