Approval and Promulgation of Implementation Plans; West Virginia; Regional Haze Five-Year Progress Report State Implementation Plan, 14460-14465 [2014-05743]
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Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Proposed Rules
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comments on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
Dated: February 28, 2014.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2014–05523 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0599; FRL–9906–91–
Region–9]
Approval and Promulgation of
Implementation Plans; California; San
Francisco Bay Area and Chico
Nonattainment Areas; Fine Particulate
Matter Emission Inventories
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the California State
Implementation Plan (SIP) concerning
emission inventories for the 2006 24hour fine particle National Ambient Air
Quality Standard (NAAQS) for the San
Francisco Bay Area and Chico PM2.5
nonattainment areas. We are approving
these emissions inventories under the
Clean Air Act (CAA or the Act).
DATES: Any comments on this proposal
must arrive by April 14, 2014.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0599, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
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provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
This
proposal addresses the submitted PM2.5
emission inventories for the San
Francisco Bay Area and Chico
nonattainment areas. In the Rules and
Regulations section of this Federal
Register, we are approving submitted
emission inventories in a direct final
action without prior proposal because
we believe these SIP revisions are not
controversial. If we receive adverse
comments, however, we will publish a
timely withdrawal of the direct final
rule and address the comments in
subsequent action based on this
proposed rule. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
SUPPLEMENTARY INFORMATION:
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We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: January 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–05525 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0423; FRL- 9908–03–
Region–3]
Approval and Promulgation of
Implementation Plans; West Virginia;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
a revision to the West Virginia State
Implementation Plan (SIP) submitted by
the State of West Virginia (West
Virginia) through the West Virginia
Department of Environmental Protection
(WVDEP). West Virginia’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and EPA’s rules that require
states to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
SIP). EPA is proposing approval of West
Virginia’s SIP revision on the basis that
it addresses the progress report and
adequacy determination requirements
for the first implementation period for
regional haze.
DATES: Comments must be received on
or before April 14, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0423, by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0423,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
SUMMARY:
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0423. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The www.regulation.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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of West Virginia’s submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
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57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
States are also required to submit, at the
same time as the progress report, a
determination of the adequacy of the
state’s existing regional haze SIP. See 40
CFR 51.308(h). The first progress report
SIP is due five years after submittal of
the initial regional haze SIP. On June 18,
2008, WVDEP submitted its first
regional haze SIP in accordance with
the requirements of 40 CFR 51.308.1
On April 30, 2013, West Virginia
submitted, as a SIP revision (progress
report SIP), a report on progress made
in the first implementation period
towards RPGs for Class I areas in West
Virginia and Class I areas outside West
Virginia that are affected by emissions
from West Virginia’s sources. This
progress report SIP included a
determination that West Virginia’s
existing regional haze SIP requires no
substantive revision to achieve the
established regional haze visibility
improvement and emissions reduction
goals for 2018. EPA is proposing to
approve West Virginia’s progress report
SIP on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
51.308(h).
1 On March 23, 2012 (77 FR 16937), EPA finalized
a limited approval and limited disapproval of West
Virginia’s June 18, 2008 regional haze SIP to
address the first implementation period for regional
haze. There was a limited disapproval of this SIP
because of West Virginia’s reliance on the Clean Air
Interstate Rule (CAIR) to meet certain regional haze
requirements, which EPA replaced in August 2011
with the Cross-State Air Pollution Rule (CSAPR) (76
FR 48208, August 8, 2011). Later on, the DC Circuit
issued a decision in EME Homer City Generation,
L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert.
granted 133 U.S. 2857 (2013) vacating CSAPR and
keeping CAIR in place pending the promulgation of
a valid replacement rule. EPA believes that the EME
Homer City decision impacts the reasoning that
formed the basis for EPA’s limited disapproval of
West Virginia’s regional haze SIP based on West
Virginia’s reliance upon CAIR and expects to
propose an appropriate action regarding the limited
approval and limited disapproval of the regional
haze SIP upon final resolution of EME Homer City.
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II. Requirements for the Regional Haze
Progress Report SIPs and Adequacy
Determinations
Under 40 CFR 51.308(g), states must
submit a regional haze progress report
as a SIP revision every five years and
must address, at a minimum, the seven
elements found in 40 CFR 51.308(g). As
described in further detail in section III
of this rulemaking action, 40 CFR
51.308(g) requires: (1) A description of
the status of measures in the approved
regional haze SIP; (2) a summary of
emissions reductions achieved; (3) an
assessment of visibility conditions for
each Class I area in the state; (4) an
analysis of changes in emissions from
sources and activities within the state;
(5) an assessment of any significant
changes in anthropogenic emissions
within or outside the state that have
limited or impeded progress in Class I
areas impacted by the state’s sources; (6)
an assessment of the sufficiency of the
approved regional haze SIP; and (7) a
review of the state’s visibility
monitoring strategy.
Under 40 CFR 51.308(h), states are
required to submit, at the same time as
the progress report SIP, a determination
of the adequacy of their existing
regional haze SIP and to take one of four
possible actions based on information in
the progress report. As described in
further detail in section III of this
rulemaking action, 40 CFR 51.308(h)
requires states to either: (1) Submit a
negative declaration to EPA that no
further substantive revision to the state’s
existing regional haze SIP is needed; (2)
provide notification to EPA (and other
state(s) that participated in the regional
planning process) if the state determines
that its existing regional haze SIP is or
may be inadequate to ensure reasonable
progress at one or more Class I areas due
to emissions from sources in other
state(s) that participated in the regional
planning process, and collaborate with
these other state(s) to develop additional
strategies to address deficiencies; (3)
provide notification with supporting
information to EPA if the state
determines that its existing regional
haze SIP is or may be inadequate to
ensure reasonable progress at one or
more Class I areas due to emissions from
sources in another country; or (4) revise
its regional haze SIP to address
deficiencies within one year if the state
determines that its existing regional
haze SIP is or may be inadequate to
ensure reasonable progress in one or
more Class I areas due to emissions from
sources within the state.
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III. EPA’s Analysis of West Virginia’s
Regional Haze Progress Report and
Adequacy Determination
The West Virginia progress report SIP
revision addresses progress made
towards RPGs of Class I areas in West
Virginia and Class I areas outside West
Virginia that are affected by emissions
from West Virginia’s sources. This
progress report SIP also includes a
determination of the adequacy of West
Virginia’s existing regional haze SIP.
West Virginia has two Class I areas
within its borders: Dolly Sods
Wilderness Area (Dolly Sods) and Otter
Creek Wilderness Area (Otter Creek).
West Virginia mentions in the progress
report SIP that West Virginia sources
were also identified, through an area of
influence modeling analysis based on
back trajectories, as potentially
impacting six Class I areas in five
neighboring states: Brigantine
Wilderness in New Jersey; Great Smoky
Mountains National Park in North
Carolina and Tennessee; James River
Face in Virginia; Linville Gorge in North
Carolina; Monmouth Cave National Park
in Kentucky; and Shenandoah National
Park in Virginia.
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A. Regional Haze Progress Report SIPs
This section summarizes each of the
seven elements that must be addressed
by the progress report under the
provisions of 40 CFR 51.308(g); how
West Virginia’s progress report SIP
addressed each element; and EPA’s
analysis and proposed determination as
to whether West Virginia satisfied each
element.
The provisions under 40 CFR
51.308(g)(1) require a description of the
status of implementation of all measures
included in the regional haze SIP for
achieving RPGs for Class I areas both
within and outside the state. West
Virginia evaluated the status of all
measures included in its 2008 regional
haze SIP in accordance with the
requirements under 40 CFR 51.308(g)(1).
Specifically, in its progress report SIP,
West Virginia summarizes the status of
the emissions reduction measures that
were included in the final iteration of
the Visibility Improvement—State and
Tribal Association of the Southeast
(VISTAS) regional haze emissions
inventory and RPG modeling. West
Virginia also discusses the status of
those measures that were not included
in the final VISTAS emissions inventory
and were not relied upon in the initial
regional haze SIP to meet RPGs. West
Virginia notes that the emissions
reductions from these measures, which
are relied upon for reasonable progress,
will help ensure Class I areas impacted
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by West Virginia sources achieve their
RPGs. The measures include applicable
Federal programs (e.g., mobile source
rules, Maximum Achievable Control
Technology (MACT) standards, Federal
consent agreements, and Federal and
state control strategies for electric
generating units (EGUs) such as CAIR,
CSAPR, and state multi-pollutant
regulations for EGUs). West Virginia’s
summary includes a discussion of the
benefits associated with each measure
and quantifies those benefits wherever
possible. In instances where
implementation of a measure did not
occur on schedule, information is
provided on the source category and the
measure’s relative impact on the overall
future year emissions inventories. The
progress report SIP also discusses the
status and implementation of the best
available retrofit technology (BART)
determinations for BART sources in
West Virginia, and the implementation
status of BART for a source in a
neighboring state. Finally, West
Virginia’s progress report SIP discusses
implementation of regulations and
requirements developed after the
original regional haze SIP was prepared
which West Virginia asserts will
provide extra assurance that West
Virginia’s Class I areas will meet their
RPGs. Some of these regulations and
requirements include the Mercury and
Air Toxics Standard (MATS) for EGUs,
the 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standard
(NAAQS), Control Technique
Guidelines for volatile organic
compound (VOC) reductions, Federal
consent decrees which include SO2 and
nitrogen oxide (NOx) reductions at
sources, and plant shutdowns.
In aggregate, as noted later in section
III.A of this rulemaking action, West
Virginia notes in its submittal that
overall SO2 emissions (the largest
contributor to visibility impairment)
have decreased in the State and will
continue to decrease; therefore, West
Virginia does not expect reasonable
progress to be adversely impacted in
any of the Class I areas in West Virginia
or neighboring states.
EPA proposes to find that West
Virginia’s analysis adequately addresses
the provisions under 40 CFR
51.308(g)(1). West Virginia documents
the implementation status of measures
from its regional haze SIP such as
regulations, Federal consent decrees,
and BART determinations in addition to
describing additional measures that
came into effect since the VISTAS
analysis for the West Virginia regional
haze SIP was completed, including new
regulations for EGUs, Federal consent
decrees, and unanticipated plant
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shutdowns. West Virginia’s progress
report also describes significant
measures resulting from EPA
regulations other than the regional haze
program as they pertain to West Virginia
sources. The progress report SIP
highlights the effect of several Federal
control measures both nationally and in
the VISTAS region, and when possible,
in West Virginia.
West Virginia’s progress report
discusses the status of key control
measures that were relied upon in the
first implementation period to make
reasonable progress. In its regional haze
SIP, West Virginia identified SO2
emissions from EGUs as a key
contributor to regional haze in the
VISTAS region and identified the EGU
sector as a major contributor to visibility
impairment at all Class I areas in the
VISTAS region. West Virginia’s progress
report SIP provides additional
information on EGU control strategies
and the status of existing and future
expected controls for West Virginia’s
EGUs, with updated actual SO2
emissions data for the years 2002—2011
reflecting significant reductions of SO2
through 2011.
Regarding the status of BART and
reasonable progress control
requirements for sources in West
Virginia, EPA finds the progress report
SIP adequately reviews the status of
West Virginia’s BART sources and the
one source that required further analysis
to meet reasonable progress
requirements by mentioning that
controls are currently operational at
these sources or that units have been
shut down. Because West Virginia
found no additional controls to be
reasonable for the first implementation
period for sources evaluated for
reasonable progress in West Virginia, no
further discussion of the status of
controls was necessary in the progress
report SIP. EPA proposes to conclude
that West Virginia has adequately
addressed the status of control measures
in its regional haze SIP as required by
the provisions under 40 CFR
51.308(g)(1) by discussing the status of
key measures that were relied upon in
the first implementation period to make
reasonable progress.
The provisions under 40 CFR
51.308(g)(2) require a summary of the
emissions reductions achieved in the
state through the measures subject to the
requirements under 40 CFR 51.308(g)(1).
In its regional haze SIP and progress
report SIP, West Virginia focuses its
assessment on the largest contributor to
visibility impairment, SO2 emissions
from EGUs. West Virginia made the
decision that SO2 emissions from EGUs
are the largest contributor to visibility
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impairment in its original regional haze
SIP.
Overall, West Virginia states SO2
emissions have decreased significantly.
West Virginia states there has been a
large reduction in SO2 emissions from
EGUs, an 81.7 percent (%) decrease
from 2002 to 2011, which resulted from
many process and operational changes,
including SO2 control installations and
switches to cleaner fuels by emission
units. Based on utility emissions data
from 2002 through 2011 as reported in
EPA’s Clean Air Markets Division
(CAMD) database, West Virginia
indicates that actual emissions of SO2
from the EGU sector have dropped from
507,110 tons per year (tpy) in 2002 to
92,609 tpy in 2011, reflecting the 81.7%
decrease. Additionally, the 2011 actual
emissions of SO2 (92,609 tpy) are
substantially less than originally
projected in the 2018 modeling
inventory (106,199 tpy).2
While heat input to West Virginia’s
EGUs has decreased approximately
17.7% from 2002 to 2011, West Virginia
states in its progress report SIP that SO2
emission rates for EGUs have decreased
by 77.8% due to installation of controls
and fuel switches. Given these
substantial reductions in emission rates,
West Virginia expects the significant
reductions of SO2 should be maintained
and expects emissions reductions to
continue in the future. West Virginia
also states in its progress report SIP that
it expects additional retirements of EGU
sources which will contribute to
increased emissions reductions in the
future.
EPA proposes to conclude that West
Virginia has adequately addressed the
requirements under 40 CFR 51.308(g)(2)
with its summary of the large emissions
reductions, particularly in SO2 from
EGUs, achieved through the measures in
West Virginia’s regional haze SIP. West
Virginia provides estimates, and where
available, actual emissions reductions of
SO2 from EGUs in West Virginia that
have occurred since the submittal of its
regional haze SIP. West Virginia
appropriately focuses on SO2 emissions
from its EGUs in its progress report SIP
because it had been previously
identified that these emissions are the
most significant contributors to
visibility impairment at Dolly Sods and
Otter Creek and at additional Class I
areas that West Virginia sources impact.
2 West Virginia provides in the progress report
SIP SO2 emissions data for each West Virginia EGU
for 2002 through 2011. In addition, West Virginia
includes summary SO2 emissions data from EGUs
in all VISTAS states showing similar reductions.
According to West Virginia, SO2 emissions
decreased 68.6% from 2002 to 2011 for EGUs in the
VISTAS states.
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In addition, West Virginia provides
estimates, and where available, actual
emissions reductions for certain nonEGU control measures that were in its
regional haze SIP when addressing the
requirements under 40 CFR 51.308(g)(1)
for implementation status. Because no
additional controls were found to be
reasonable for the first implementation
period for evaluated sources in West
Virginia for reasonable progress, EPA
proposes to find that no further
discussion of emissions reductions from
controls was necessary in the progress
report SIP.
The provisions under 40 CFR
51.308(g)(3) require that states with
Class I areas provide the following
information for the most impaired and
least impaired days for each area, with
values expressed in terms of five-year
averages of these annual values: 3 (1)
Current visibility conditions; (2) the
difference between current visibility
conditions and baseline visibility
conditions; and (3) the change in
visibility impairment over the past five
years. West Virginia provides visibility
data for 2001 through 2011 that
addresses the three requirements of 40
CFR 51.308(g)(3) for Dolly Sods and
Otter Creek. In the West Virginia
regional haze SIP, for the 20% worst
days, West Virginia established a RPG
for Dolly Sods of 7.3 deciview (dv)
reduction in visibility impairment by
2018, which is significantly greater than
the 4.3 dv reduction required to meet
the uniform rate of progress necessary to
achieve a natural background condition
of 10.4 dv by 2064. For Otter Creek,
West Virginia established a RPG for the
20% worst days of 7.3 dv reduction in
visibility impairment by 2018, which is
significantly greater than the 4.3 dv
reduction required to meet the uniform
rate of progress necessary to achieve the
natural background condition of 10.4 dv
by 2064. Likewise, West Virginia also
adopted a RPG for the 20% best days
that would result in a 1.2 dv reduction
in visibility impairment for both Dolly
Sods and Otter Creek. Based on West
Virginia’s analysis of emissions
reductions and visibility data, West
Virginia states it is on track to achieve
or exceed its RPGs by 2018 and that
visibility is improving at Dolly Sods and
Otter Creek.
EPA finds the difference between
current and baseline visibility and the
five-year rolling averages for the most
3 The ‘‘most impaired days’’ and ‘‘least impaired
days’’ in the regional haze rule refers to the average
visibility impairment (measured in deciviews) for
the twenty percent of monitored days in a calendar
year with the highest and lowest amount of
visibility impairment, respectively, averaged over a
five-year period. See 40 CFR 51.301.
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impaired (20% worst) and least
impaired (20% best) days at both West
Virginia Class I areas indicates that
visibility has significantly improved
since the implementation of West
Virginia’s regional haze SIP. The data
submitted by West Virginia shows that
there has been a dramatic visibility
improvement during the
implementation of the 2008 regional
haze SIP. Analysis of visibility data
provided by West Virginia shows that
Dolly Sods and Otter Creek are on the
glidepath to achieving natural visibility
conditions in 2064.
EPA finds West Virginia provided the
required information regarding visibility
conditions and changes to meet the
requirements under 40 CFR 51.308(g)(3),
specifically providing current
conditions based on the latest available
Interagency Monitoring of Protected
Visual Environments (IMPROVE)
monitoring data, the difference between
current visibility conditions and
baseline visibility conditions, and the
change in visibility impairment over the
most recent five-year period for which
data were available at the time of the
progress report SIP development. Given
the visibility improvement in West
Virginia’s Class I areas, EPA finds West
Virginia’s assessment that it is on track
to meet RPGs by 2018 to be reasonable.
EPA proposes to conclude that West
Virginia has adequately addressed the
requirements under 40 CFR 51.308(g)(3).
The provisions under 40 CFR
51.308(g)(4) require an analysis tracking
emissions changes of visibilityimpairing pollutants from the state’s
sources by type or category over the past
five years based on the most recent
updated emissions inventory. In its
progress report SIP, West Virginia
presents emissions inventories for 2002,
2007, 2009, and 2018 in accordance
with the requirements of 40 CFR
51.308(g)(4). The progress report SIP
includes West Virginia’s baseline
emissions inventory from 2002 and
estimated emissions inventories for
2009 and 2018. West Virginia’s progress
report SIP includes the 2007 emissions
inventory prepared by the Southeastern
Modeling, Analysis, and Planning
(SEMAP) project, which was funded by
EPA and the ten states in VISTAS.4 5
4 Pursuant to 40 CFR 51.308(b), regional haze SIPs
for the first implementation period were due on
December 17, 2007. Therefore, EPA finds that the
2007 emissions inventory used by West Virginia in
this progress report SIP reflects an appropriate
emissions inventory for West Virginia to use for 40
CFR 51.308(g)(4) to track emissions changes of
visibility-impairing pollutants from the state’s
sources.
5 The 2007 emissions inventory was the most
recent historical inventory that had been fully
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The pollutants inventoried include
VOCs, NOX, fine particulate matter
(PM2.5), coarse particulate matter (PM10),
ammonia (NH3), and SO2. The emissions
inventories include the following source
classifications: Stationary point and area
sources, off-road and on-road mobile
sources, and biogenic sources. The
comparison of emissions inventory data
shows that emissions of the key
visibility-impairing pollutant SO2
continued to drop from 586,437 tpy in
2002 to 437,014 tpy in 2007 to 337,488
tpy in 2009.
Additionally, West Virginia
documented the substantial emissions
reductions in SO2 from EGUs that
already have occurred and that SO2
emissions from EGUs for the years 2009,
2010, and 2011 are already under the
2018 SO2 emissions projections. As
noted in section III.A of this rulemaking
action, West Virginia expects overall
EGU SO2 emissions to continue to
decline due the retirement of different
EGUs and additional fuel switches not
previously projected which should
result in further visibility improvement
at Class I areas affected by West Virginia
sources. EPA proposes to conclude that
West Virginia has adequately addressed
the requirements under 40 CFR
51.308(g)(4). While ideally the five-year
period to be analyzed for emissions
inventory changes is the time period
since the current regional haze SIP was
submitted, availability of qualityassured data may not always correspond
with this period. Therefore, EPA
believes that there is some flexibility in
the five-year time period states can
select for tracking emissions changes to
meet this requirement. EPA proposes to
find West Virginia appropriately
compared its 2011 EGU SO2 emissions
with the 2007 point source SO2
emissions.6 EPA believes that West
Virginia presented an adequate analysis
tracking emissions trends for the key
visibility impairing pollutant SO2 since
2007 using the emissions data available
to West Virginia.7 West Virginia’s 2011
quality-assured at the time West Virginia developed
its progress report SIP.
6 As stated above, West Virginia’s 2007 emissions
inventory reflects emissions in the year the first
regional haze SIP was due per 40 CFR 51.308(b),
and EPA finds the 2007 inventory to be an
appropriate emissions inventory for West Virginia
to use for 40 CFR 51.308(g)(4) to track emissions
changes of visibility-impairing pollutants.
7 According to West Virginia, previous VISTAS
modeling from West Virginia’s 2008 regional haze
SIP had indicated the visibility benefits from
reducing NOX emissions were small. EPA notes
nevertheless that West Virginia’s NOX emissions
from all point source sectors decreased by 94,801
tons from 2002 to 2007. In addition, EPA reviewed
NOX emissions data from West Virginia EGUs
which was provided by West Virginia for 2002–
2011. NOX emissions from West Virginia EGUs
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EGU SO2 emissions show a significant
reduction of SO2 emissions.8 The West
Virginia 2007 point source SO2
emissions of which a significant portion
were EGU emissions were 428,350 tpy
while the 2011 EGU SO2 emissions are
92,609 tpy, which shows a significant
reduction of SO2 emissions from 2007.
The 2011 EGU SO2 emissions are below
the emissions projected for 2018, which
demonstrates greater progress than West
Virginia had projected in its regional
haze SIP. EPA believes this provides
sufficient information to support the
representativeness of the period
evaluated by West Virginia particularly
as sulfates from EGUs were identified in
West Virginia’s 2008 regional haze SIP
as the largest contributor to visibility
impairment at West Virginia’s and
VISTAS’ Class I areas.
The provisions under 40 CFR
51.308(g)(5) require an assessment of
any significant changes in
anthropogenic emissions within or
outside the state that have occurred over
the past five years that have limited or
impeded progress in reducing pollutant
emissions and improving visibility in
Class I areas impacted by the state’s
sources. In its progress report SIP, West
Virginia states that sulfates continue to
be the biggest single contributor to
regional haze at Dolly Sods and Otter
Creek. Accordingly, West Virginia
focused its analysis on addressing large
SO2 emissions from point sources. In its
progress report SIP, West Virginia
demonstrates that there has been
significant improvement in visibility as
well as a significant decrease in sulfates’
contribution to visibility impairment.
EPA proposes to find that West
Virginia has adequately addressed the
provisions under 40 CFR 51.308(g)(5).
West Virginia adequately demonstrated
that there has been significant
improvement in visibility in its Class I
areas. West Virginia also adequately
demonstrated that there has been a
significant decrease in sulfates’
contribution to visibility impairment.
West Virginia’s progress report SIP
demonstrates that there are no
significant changes in emissions that
have impeded its progress in reducing
emissions or in improving visibility in
the Class I areas within West Virginia or
impacted by West Virginia sources.
decreased from approximately 230,000 tons in 2002
to approximately 150,000 tons in 2007 to 55,660
tons in 2011. EPA reviewed CAMD data for NOX
emissions from West Virginia EGUs for 2012 and
2013 and notes the NOX emission decreases have
been maintained.
8 EPA reviewed CAMD data for 2012 and 2013 for
SO2 emissions from West Virginia’s EGUs and notes
that the declining SO2 emissions trend has
continued in 2012 and 2013.
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Furthermore, the progress report SIP
shows that the State is on track to
meeting its 2018 RPGs for Dolly Sods
and Otter Creek.
The provisions under 40 CFR
51.308(g)(6) require an assessment of
whether the current regional haze SIP is
sufficient to enable the state, or other
states, to meet the RPGs for Class I areas
affected by emissions from the state. In
its progress report SIP, West Virginia
states that it believes that the elements
and strategies outlined in its original
2008 regional haze SIP are sufficient to
enable West Virginia and other
neighboring states to meet all the
established RPGs. To support this
conclusion, West Virginia presents
visibility data for all Class I areas inside
and outside of the state that are
impacted by West Virginia sources. The
impacted Class I areas include two areas
in West Virginia (Dolly Sods and Otter
Creek) and six areas in neighboring
states. The impacted Class I areas
outside of West Virginia are Brigantine
Wilderness in New Jersey; Great Smoky
Mountains National Park in North
Carolina and Tennessee; James River
Face in Virginia, Linville Gorge in North
Carolina; Monmouth Cave National Park
in Kentucky; and Shenandoah National
Park in Virginia. The visibility data
provided by West Virginia for Dolly
Sods and Otter Creek show that those
areas are on track to achieving their
2018 RPGs. Additionally, West Virginia
expects SO2 emissions from West
Virginia sources to continue to decrease
in the future due to expected shutdowns
and installation of controls. Therefore
West Virginia expects that visibility
impairment in its Class I areas will
decrease as well. The visibility data
presented for Class I areas outside of
West Virginia show that each area is on
track to achieve its RPGs in 2018.
EPA proposes to conclude that West
Virginia has adequately addressed the
requirements of 40 CFR 51.308(g)(6).
EPA views this requirement as a
qualitative assessment that should
evaluate emissions and visibility trends
and other readily available information,
including expected emissions
reductions associated with measures
with compliance dates that have not yet
become effective. West Virginia
referenced the improving visibility
trends with appropriately supported
data and referenced the downward
emissions trends with a focus on SO2
emissions from West Virginia EGUs that
support the determination that the West
Virginia 2008 regional haze SIP is
sufficient to meet RPGs for Class I areas
within and outside the state impacted
by West Virginia sources.
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The provisions under 40 CFR
51.308(g)(7) require a review of a state’s
visibility monitoring strategy and an
assessment of whether any
modifications to the monitoring strategy
are necessary. In its progress report SIP,
West Virginia summarizes the existing
monitoring network at Dolly Sods and
Otter Creek and discusses its intended
continued reliance on the IMPROVE
monitoring network for its visibility
planning. West Virginia also mentions
its PM2.5 monitoring network and that it
is used to understand air pollution
levels across the state. West Virginia
also encourages VISTAS and other
regional planning organizations to
maintain support of the existing data
management system or an equivalent to
facilitate availability analysis of
IMPROVE and visibility-related data.
West Virginia concludes that the
existing network is adequate and that no
modifications to visibility monitoring
strategy are necessary at this time.
EPA proposes to conclude that West
Virginia has adequately addressed the
sufficiency of its monitoring strategy as
required by the provisions under 40
CFR 51.308(g)(7). West Virginia
reaffirmed its continued reliance upon
the IMPROVE monitoring network and
discussed its additional PM2.5
monitoring network used to further
assess air pollution levels. West Virginia
also explained the importance of the
IMPROVE monitoring network for
tracking visibility trends at Dolly Sods
and Otter Creek and identified no
expected changes in this network.
B. Determination of Adequacy of
Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are
required to take one of four possible
actions based on the information
gathered and conclusions made in the
progress report SIP. The following
section summarizes: the action taken by
West Virginia under 40 CFR 51.308(h);
West Virginia’s rationale for the selected
action; and EPA’s analysis and proposed
determination regarding the West
Virginia’s action.
In its progress report SIP, West
Virginia submitted a negative
declaration that it had determined that
the existing regional haze SIP requires
no further substantive revision to
achieve the RPGs for Class I areas
affected by West Virginia’s sources. The
basis for the negative declaration is the
findings from the progress report (as
discussed in section III of this
rulemaking action), including the
findings that: Visibility data has
improved at Dolly Sods and Otter Creek;
SO2 emissions from West Virginia
sources have decreased beyond original
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projections; additional EGU control
measures not relied upon in West
Virginia’s regional haze SIP have been
and are being implemented; and the
EGU SO2 emissions in West Virginia are
already below the levels projected for
2018 in the regional haze SIP and are
expected to continue to trend
downward for the next five years. EPA
proposes to conclude West Virginia
adequately addressed the requirements
of 40 CFR 51.308(h) because the
visibility data trends at the Class I areas
impacted by West Virginia sources and
the emissions trends of the largest
emitters of visibility-impairing
pollutants both indicate that the RPGs
for 2018 will be met or exceeded.
IV. EPA’s Proposed Action
EPA is proposing to approve West
Virginia’s regional haze five-year
progress report SIP revision, submitted
on April 30, 2013, as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.308(g) and
51.308(h).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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
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
PO 00000
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14465
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 CAA; 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 proposed rule to
approve West Virginia’s regional haze
progress report SIP revision 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 3, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014–05743 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 173, 178, and 180
[Docket Number PHMSA–2010–0019 (HM–
241)]
RIN 2137–AE58
Hazardous Materials: Adoption of
ASME Code Section XII and the
National Board Inspection Code
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
PHMSA is notifying the
public of our intent to extend the
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Proposed Rules]
[Pages 14460-14465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05743]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0423; FRL- 9908-03-Region-3]
Approval and Promulgation of Implementation Plans; West Virginia;
Regional Haze Five-Year Progress Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a revision to the West Virginia State Implementation Plan
(SIP) submitted by the State of West Virginia (West Virginia) through
the West Virginia Department of Environmental Protection (WVDEP). West
Virginia's SIP revision addresses requirements of the Clean Air Act
(CAA) and EPA's rules that require states to submit periodic reports
describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of
the state's existing SIP addressing regional haze (regional haze SIP).
EPA is proposing approval of West Virginia's SIP revision on the basis
that it addresses the progress report and adequacy determination
requirements for the first implementation period for regional haze.
DATES: Comments must be received on or before April 14, 2014.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0423, by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0423, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
[[Page 14461]]
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0423. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulation.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 email comment
directly to EPA without going through www.regulations.gov, your email
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.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of West Virginia's
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). States are
also required to submit, at the same time as the progress report, a
determination of the adequacy of the state's existing regional haze
SIP. See 40 CFR 51.308(h). The first progress report SIP is due five
years after submittal of the initial regional haze SIP. On June 18,
2008, WVDEP submitted its first regional haze SIP in accordance with
the requirements of 40 CFR 51.308.\1\
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\1\ On March 23, 2012 (77 FR 16937), EPA finalized a limited
approval and limited disapproval of West Virginia's June 18, 2008
regional haze SIP to address the first implementation period for
regional haze. There was a limited disapproval of this SIP because
of West Virginia's reliance on the Clean Air Interstate Rule (CAIR)
to meet certain regional haze requirements, which EPA replaced in
August 2011 with the Cross-State Air Pollution Rule (CSAPR) (76 FR
48208, August 8, 2011). Later on, the DC Circuit issued a decision
in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir.
2012), cert. granted 133 U.S. 2857 (2013) vacating CSAPR and keeping
CAIR in place pending the promulgation of a valid replacement rule.
EPA believes that the EME Homer City decision impacts the reasoning
that formed the basis for EPA's limited disapproval of West
Virginia's regional haze SIP based on West Virginia's reliance upon
CAIR and expects to propose an appropriate action regarding the
limited approval and limited disapproval of the regional haze SIP
upon final resolution of EME Homer City.
---------------------------------------------------------------------------
On April 30, 2013, West Virginia submitted, as a SIP revision
(progress report SIP), a report on progress made in the first
implementation period towards RPGs for Class I areas in West Virginia
and Class I areas outside West Virginia that are affected by emissions
from West Virginia's sources. This progress report SIP included a
determination that West Virginia's existing regional haze SIP requires
no substantive revision to achieve the established regional haze
visibility improvement and emissions reduction goals for 2018. EPA is
proposing to approve West Virginia's progress report SIP on the basis
that it satisfies the requirements of 40 CFR 51.308(g) and 51.308(h).
II. Requirements for the Regional Haze Progress Report SIPs and
Adequacy Determinations
Under 40 CFR 51.308(g), states must submit a regional haze progress
report as a SIP revision every five years and must address, at a
minimum, the seven elements found in 40 CFR 51.308(g). As described in
further detail in section III of this rulemaking action, 40 CFR
51.308(g) requires: (1) A description of the status of measures in the
approved regional haze SIP; (2) a summary of emissions reductions
achieved; (3) an assessment of visibility conditions for each Class I
area in the state; (4) an analysis of changes in emissions from sources
and activities within the state; (5) an assessment of any significant
changes in anthropogenic emissions within or outside the state that
have limited or impeded progress in Class I areas impacted by the
state's sources; (6) an assessment of the sufficiency of the approved
regional haze SIP; and (7) a review of the state's visibility
monitoring strategy.
Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report SIP, a determination of the adequacy of
their existing regional haze SIP and to take one of four possible
actions based on information in the progress report. As described in
further detail in section III of this rulemaking action, 40 CFR
51.308(h) requires states to either: (1) Submit a negative declaration
to EPA that no further substantive revision to the state's existing
regional haze SIP is needed; (2) provide notification to EPA (and other
state(s) that participated in the regional planning process) if the
state determines that its existing regional haze SIP is or may be
inadequate to ensure reasonable progress at one or more Class I areas
due to emissions from sources in other state(s) that participated in
the regional planning process, and collaborate with these other
state(s) to develop additional strategies to address deficiencies; (3)
provide notification with supporting information to EPA if the state
determines that its existing regional haze SIP is or may be inadequate
to ensure reasonable progress at one or more Class I areas due to
emissions from sources in another country; or (4) revise its regional
haze SIP to address deficiencies within one year if the state
determines that its existing regional haze SIP is or may be inadequate
to ensure reasonable progress in one or more Class I areas due to
emissions from sources within the state.
[[Page 14462]]
III. EPA's Analysis of West Virginia's Regional Haze Progress Report
and Adequacy Determination
The West Virginia progress report SIP revision addresses progress
made towards RPGs of Class I areas in West Virginia and Class I areas
outside West Virginia that are affected by emissions from West
Virginia's sources. This progress report SIP also includes a
determination of the adequacy of West Virginia's existing regional haze
SIP.
West Virginia has two Class I areas within its borders: Dolly Sods
Wilderness Area (Dolly Sods) and Otter Creek Wilderness Area (Otter
Creek). West Virginia mentions in the progress report SIP that West
Virginia sources were also identified, through an area of influence
modeling analysis based on back trajectories, as potentially impacting
six Class I areas in five neighboring states: Brigantine Wilderness in
New Jersey; Great Smoky Mountains National Park in North Carolina and
Tennessee; James River Face in Virginia; Linville Gorge in North
Carolina; Monmouth Cave National Park in Kentucky; and Shenandoah
National Park in Virginia.
A. Regional Haze Progress Report SIPs
This section summarizes each of the seven elements that must be
addressed by the progress report under the provisions of 40 CFR
51.308(g); how West Virginia's progress report SIP addressed each
element; and EPA's analysis and proposed determination as to whether
West Virginia satisfied each element.
The provisions under 40 CFR 51.308(g)(1) require a description of
the status of implementation of all measures included in the regional
haze SIP for achieving RPGs for Class I areas both within and outside
the state. West Virginia evaluated the status of all measures included
in its 2008 regional haze SIP in accordance with the requirements under
40 CFR 51.308(g)(1). Specifically, in its progress report SIP, West
Virginia summarizes the status of the emissions reduction measures that
were included in the final iteration of the Visibility Improvement--
State and Tribal Association of the Southeast (VISTAS) regional haze
emissions inventory and RPG modeling. West Virginia also discusses the
status of those measures that were not included in the final VISTAS
emissions inventory and were not relied upon in the initial regional
haze SIP to meet RPGs. West Virginia notes that the emissions
reductions from these measures, which are relied upon for reasonable
progress, will help ensure Class I areas impacted by West Virginia
sources achieve their RPGs. The measures include applicable Federal
programs (e.g., mobile source rules, Maximum Achievable Control
Technology (MACT) standards, Federal consent agreements, and Federal
and state control strategies for electric generating units (EGUs) such
as CAIR, CSAPR, and state multi-pollutant regulations for EGUs). West
Virginia's summary includes a discussion of the benefits associated
with each measure and quantifies those benefits wherever possible. In
instances where implementation of a measure did not occur on schedule,
information is provided on the source category and the measure's
relative impact on the overall future year emissions inventories. The
progress report SIP also discusses the status and implementation of the
best available retrofit technology (BART) determinations for BART
sources in West Virginia, and the implementation status of BART for a
source in a neighboring state. Finally, West Virginia's progress report
SIP discusses implementation of regulations and requirements developed
after the original regional haze SIP was prepared which West Virginia
asserts will provide extra assurance that West Virginia's Class I areas
will meet their RPGs. Some of these regulations and requirements
include the Mercury and Air Toxics Standard (MATS) for EGUs, the 2010
sulfur dioxide (SO2) National Ambient Air Quality Standard
(NAAQS), Control Technique Guidelines for volatile organic compound
(VOC) reductions, Federal consent decrees which include SO2
and nitrogen oxide (NOx) reductions at sources, and plant shutdowns.
In aggregate, as noted later in section III.A of this rulemaking
action, West Virginia notes in its submittal that overall
SO2 emissions (the largest contributor to visibility
impairment) have decreased in the State and will continue to decrease;
therefore, West Virginia does not expect reasonable progress to be
adversely impacted in any of the Class I areas in West Virginia or
neighboring states.
EPA proposes to find that West Virginia's analysis adequately
addresses the provisions under 40 CFR 51.308(g)(1). West Virginia
documents the implementation status of measures from its regional haze
SIP such as regulations, Federal consent decrees, and BART
determinations in addition to describing additional measures that came
into effect since the VISTAS analysis for the West Virginia regional
haze SIP was completed, including new regulations for EGUs, Federal
consent decrees, and unanticipated plant shutdowns. West Virginia's
progress report also describes significant measures resulting from EPA
regulations other than the regional haze program as they pertain to
West Virginia sources. The progress report SIP highlights the effect of
several Federal control measures both nationally and in the VISTAS
region, and when possible, in West Virginia.
West Virginia's progress report discusses the status of key control
measures that were relied upon in the first implementation period to
make reasonable progress. In its regional haze SIP, West Virginia
identified SO2 emissions from EGUs as a key contributor to
regional haze in the VISTAS region and identified the EGU sector as a
major contributor to visibility impairment at all Class I areas in the
VISTAS region. West Virginia's progress report SIP provides additional
information on EGU control strategies and the status of existing and
future expected controls for West Virginia's EGUs, with updated actual
SO2 emissions data for the years 2002--2011 reflecting
significant reductions of SO2 through 2011.
Regarding the status of BART and reasonable progress control
requirements for sources in West Virginia, EPA finds the progress
report SIP adequately reviews the status of West Virginia's BART
sources and the one source that required further analysis to meet
reasonable progress requirements by mentioning that controls are
currently operational at these sources or that units have been shut
down. Because West Virginia found no additional controls to be
reasonable for the first implementation period for sources evaluated
for reasonable progress in West Virginia, no further discussion of the
status of controls was necessary in the progress report SIP. EPA
proposes to conclude that West Virginia has adequately addressed the
status of control measures in its regional haze SIP as required by the
provisions under 40 CFR 51.308(g)(1) by discussing the status of key
measures that were relied upon in the first implementation period to
make reasonable progress.
The provisions under 40 CFR 51.308(g)(2) require a summary of the
emissions reductions achieved in the state through the measures subject
to the requirements under 40 CFR 51.308(g)(1). In its regional haze SIP
and progress report SIP, West Virginia focuses its assessment on the
largest contributor to visibility impairment, SO2 emissions
from EGUs. West Virginia made the decision that SO2
emissions from EGUs are the largest contributor to visibility
[[Page 14463]]
impairment in its original regional haze SIP.
Overall, West Virginia states SO2 emissions have
decreased significantly. West Virginia states there has been a large
reduction in SO2 emissions from EGUs, an 81.7 percent (%)
decrease from 2002 to 2011, which resulted from many process and
operational changes, including SO2 control installations and
switches to cleaner fuels by emission units. Based on utility emissions
data from 2002 through 2011 as reported in EPA's Clean Air Markets
Division (CAMD) database, West Virginia indicates that actual emissions
of SO2 from the EGU sector have dropped from 507,110 tons
per year (tpy) in 2002 to 92,609 tpy in 2011, reflecting the 81.7%
decrease. Additionally, the 2011 actual emissions of SO2
(92,609 tpy) are substantially less than originally projected in the
2018 modeling inventory (106,199 tpy).\2\
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\2\ West Virginia provides in the progress report SIP
SO2 emissions data for each West Virginia EGU for 2002
through 2011. In addition, West Virginia includes summary
SO2 emissions data from EGUs in all VISTAS states showing
similar reductions. According to West Virginia, SO2
emissions decreased 68.6% from 2002 to 2011 for EGUs in the VISTAS
states.
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While heat input to West Virginia's EGUs has decreased
approximately 17.7% from 2002 to 2011, West Virginia states in its
progress report SIP that SO2 emission rates for EGUs have
decreased by 77.8% due to installation of controls and fuel switches.
Given these substantial reductions in emission rates, West Virginia
expects the significant reductions of SO2 should be
maintained and expects emissions reductions to continue in the future.
West Virginia also states in its progress report SIP that it expects
additional retirements of EGU sources which will contribute to
increased emissions reductions in the future.
EPA proposes to conclude that West Virginia has adequately
addressed the requirements under 40 CFR 51.308(g)(2) with its summary
of the large emissions reductions, particularly in SO2 from
EGUs, achieved through the measures in West Virginia's regional haze
SIP. West Virginia provides estimates, and where available, actual
emissions reductions of SO2 from EGUs in West Virginia that
have occurred since the submittal of its regional haze SIP. West
Virginia appropriately focuses on SO2 emissions from its
EGUs in its progress report SIP because it had been previously
identified that these emissions are the most significant contributors
to visibility impairment at Dolly Sods and Otter Creek and at
additional Class I areas that West Virginia sources impact. In
addition, West Virginia provides estimates, and where available, actual
emissions reductions for certain non-EGU control measures that were in
its regional haze SIP when addressing the requirements under 40 CFR
51.308(g)(1) for implementation status. Because no additional controls
were found to be reasonable for the first implementation period for
evaluated sources in West Virginia for reasonable progress, EPA
proposes to find that no further discussion of emissions reductions
from controls was necessary in the progress report SIP.
The provisions under 40 CFR 51.308(g)(3) require that states with
Class I areas provide the following information for the most impaired
and least impaired days for each area, with values expressed in terms
of five-year averages of these annual values: \3\ (1) Current
visibility conditions; (2) the difference between current visibility
conditions and baseline visibility conditions; and (3) the change in
visibility impairment over the past five years. West Virginia provides
visibility data for 2001 through 2011 that addresses the three
requirements of 40 CFR 51.308(g)(3) for Dolly Sods and Otter Creek. In
the West Virginia regional haze SIP, for the 20% worst days, West
Virginia established a RPG for Dolly Sods of 7.3 deciview (dv)
reduction in visibility impairment by 2018, which is significantly
greater than the 4.3 dv reduction required to meet the uniform rate of
progress necessary to achieve a natural background condition of 10.4 dv
by 2064. For Otter Creek, West Virginia established a RPG for the 20%
worst days of 7.3 dv reduction in visibility impairment by 2018, which
is significantly greater than the 4.3 dv reduction required to meet the
uniform rate of progress necessary to achieve the natural background
condition of 10.4 dv by 2064. Likewise, West Virginia also adopted a
RPG for the 20% best days that would result in a 1.2 dv reduction in
visibility impairment for both Dolly Sods and Otter Creek. Based on
West Virginia's analysis of emissions reductions and visibility data,
West Virginia states it is on track to achieve or exceed its RPGs by
2018 and that visibility is improving at Dolly Sods and Otter Creek.
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\3\ The ``most impaired days'' and ``least impaired days'' in
the regional haze rule refers to the average visibility impairment
(measured in deciviews) for the twenty percent of monitored days in
a calendar year with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year period. See 40
CFR 51.301.
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EPA finds the difference between current and baseline visibility
and the five-year rolling averages for the most impaired (20% worst)
and least impaired (20% best) days at both West Virginia Class I areas
indicates that visibility has significantly improved since the
implementation of West Virginia's regional haze SIP. The data submitted
by West Virginia shows that there has been a dramatic visibility
improvement during the implementation of the 2008 regional haze SIP.
Analysis of visibility data provided by West Virginia shows that Dolly
Sods and Otter Creek are on the glidepath to achieving natural
visibility conditions in 2064.
EPA finds West Virginia provided the required information regarding
visibility conditions and changes to meet the requirements under 40 CFR
51.308(g)(3), specifically providing current conditions based on the
latest available Interagency Monitoring of Protected Visual
Environments (IMPROVE) monitoring data, the difference between current
visibility conditions and baseline visibility conditions, and the
change in visibility impairment over the most recent five-year period
for which data were available at the time of the progress report SIP
development. Given the visibility improvement in West Virginia's Class
I areas, EPA finds West Virginia's assessment that it is on track to
meet RPGs by 2018 to be reasonable. EPA proposes to conclude that West
Virginia has adequately addressed the requirements under 40 CFR
51.308(g)(3).
The provisions under 40 CFR 51.308(g)(4) require an analysis
tracking emissions changes of visibility-impairing pollutants from the
state's sources by type or category over the past five years based on
the most recent updated emissions inventory. In its progress report
SIP, West Virginia presents emissions inventories for 2002, 2007, 2009,
and 2018 in accordance with the requirements of 40 CFR 51.308(g)(4).
The progress report SIP includes West Virginia's baseline emissions
inventory from 2002 and estimated emissions inventories for 2009 and
2018. West Virginia's progress report SIP includes the 2007 emissions
inventory prepared by the Southeastern Modeling, Analysis, and Planning
(SEMAP) project, which was funded by EPA and the ten states in
VISTAS.4 5
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\4\ Pursuant to 40 CFR 51.308(b), regional haze SIPs for the
first implementation period were due on December 17, 2007.
Therefore, EPA finds that the 2007 emissions inventory used by West
Virginia in this progress report SIP reflects an appropriate
emissions inventory for West Virginia to use for 40 CFR 51.308(g)(4)
to track emissions changes of visibility-impairing pollutants from
the state's sources.
\5\ The 2007 emissions inventory was the most recent historical
inventory that had been fully quality-assured at the time West
Virginia developed its progress report SIP.
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[[Page 14464]]
The pollutants inventoried include VOCs, NOX, fine
particulate matter (PM2.5), coarse particulate matter
(PM10), ammonia (NH3), and SO2. The
emissions inventories include the following source classifications:
Stationary point and area sources, off-road and on-road mobile sources,
and biogenic sources. The comparison of emissions inventory data shows
that emissions of the key visibility-impairing pollutant SO2
continued to drop from 586,437 tpy in 2002 to 437,014 tpy in 2007 to
337,488 tpy in 2009.
Additionally, West Virginia documented the substantial emissions
reductions in SO2 from EGUs that already have occurred and
that SO2 emissions from EGUs for the years 2009, 2010, and
2011 are already under the 2018 SO2 emissions projections.
As noted in section III.A of this rulemaking action, West Virginia
expects overall EGU SO2 emissions to continue to decline due
the retirement of different EGUs and additional fuel switches not
previously projected which should result in further visibility
improvement at Class I areas affected by West Virginia sources. EPA
proposes to conclude that West Virginia has adequately addressed the
requirements under 40 CFR 51.308(g)(4). While ideally the five-year
period to be analyzed for emissions inventory changes is the time
period since the current regional haze SIP was submitted, availability
of quality-assured data may not always correspond with this period.
Therefore, EPA believes that there is some flexibility in the five-year
time period states can select for tracking emissions changes to meet
this requirement. EPA proposes to find West Virginia appropriately
compared its 2011 EGU SO2 emissions with the 2007 point
source SO2 emissions.\6\ EPA believes that West Virginia
presented an adequate analysis tracking emissions trends for the key
visibility impairing pollutant SO2 since 2007 using the
emissions data available to West Virginia.\7\ West Virginia's 2011 EGU
SO2 emissions show a significant reduction of SO2
emissions.\8\ The West Virginia 2007 point source SO2
emissions of which a significant portion were EGU emissions were
428,350 tpy while the 2011 EGU SO2 emissions are 92,609 tpy,
which shows a significant reduction of SO2 emissions from
2007. The 2011 EGU SO2 emissions are below the emissions
projected for 2018, which demonstrates greater progress than West
Virginia had projected in its regional haze SIP. EPA believes this
provides sufficient information to support the representativeness of
the period evaluated by West Virginia particularly as sulfates from
EGUs were identified in West Virginia's 2008 regional haze SIP as the
largest contributor to visibility impairment at West Virginia's and
VISTAS' Class I areas.
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\6\ As stated above, West Virginia's 2007 emissions inventory
reflects emissions in the year the first regional haze SIP was due
per 40 CFR 51.308(b), and EPA finds the 2007 inventory to be an
appropriate emissions inventory for West Virginia to use for 40 CFR
51.308(g)(4) to track emissions changes of visibility-impairing
pollutants.
\7\ According to West Virginia, previous VISTAS modeling from
West Virginia's 2008 regional haze SIP had indicated the visibility
benefits from reducing NOX emissions were small. EPA
notes nevertheless that West Virginia's NOX emissions
from all point source sectors decreased by 94,801 tons from 2002 to
2007. In addition, EPA reviewed NOX emissions data from
West Virginia EGUs which was provided by West Virginia for 2002-
2011. NOX emissions from West Virginia EGUs decreased
from approximately 230,000 tons in 2002 to approximately 150,000
tons in 2007 to 55,660 tons in 2011. EPA reviewed CAMD data for
NOX emissions from West Virginia EGUs for 2012 and 2013
and notes the NOX emission decreases have been
maintained.
\8\ EPA reviewed CAMD data for 2012 and 2013 for SO2
emissions from West Virginia's EGUs and notes that the declining
SO2 emissions trend has continued in 2012 and 2013.
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The provisions under 40 CFR 51.308(g)(5) require an assessment of
any significant changes in anthropogenic emissions within or outside
the state that have occurred over the past five years that have limited
or impeded progress in reducing pollutant emissions and improving
visibility in Class I areas impacted by the state's sources. In its
progress report SIP, West Virginia states that sulfates continue to be
the biggest single contributor to regional haze at Dolly Sods and Otter
Creek. Accordingly, West Virginia focused its analysis on addressing
large SO2 emissions from point sources. In its progress
report SIP, West Virginia demonstrates that there has been significant
improvement in visibility as well as a significant decrease in
sulfates' contribution to visibility impairment.
EPA proposes to find that West Virginia has adequately addressed
the provisions under 40 CFR 51.308(g)(5). West Virginia adequately
demonstrated that there has been significant improvement in visibility
in its Class I areas. West Virginia also adequately demonstrated that
there has been a significant decrease in sulfates' contribution to
visibility impairment. West Virginia's progress report SIP demonstrates
that there are no significant changes in emissions that have impeded
its progress in reducing emissions or in improving visibility in the
Class I areas within West Virginia or impacted by West Virginia
sources. Furthermore, the progress report SIP shows that the State is
on track to meeting its 2018 RPGs for Dolly Sods and Otter Creek.
The provisions under 40 CFR 51.308(g)(6) require an assessment of
whether the current regional haze SIP is sufficient to enable the
state, or other states, to meet the RPGs for Class I areas affected by
emissions from the state. In its progress report SIP, West Virginia
states that it believes that the elements and strategies outlined in
its original 2008 regional haze SIP are sufficient to enable West
Virginia and other neighboring states to meet all the established RPGs.
To support this conclusion, West Virginia presents visibility data for
all Class I areas inside and outside of the state that are impacted by
West Virginia sources. The impacted Class I areas include two areas in
West Virginia (Dolly Sods and Otter Creek) and six areas in neighboring
states. The impacted Class I areas outside of West Virginia are
Brigantine Wilderness in New Jersey; Great Smoky Mountains National
Park in North Carolina and Tennessee; James River Face in Virginia,
Linville Gorge in North Carolina; Monmouth Cave National Park in
Kentucky; and Shenandoah National Park in Virginia. The visibility data
provided by West Virginia for Dolly Sods and Otter Creek show that
those areas are on track to achieving their 2018 RPGs. Additionally,
West Virginia expects SO2 emissions from West Virginia
sources to continue to decrease in the future due to expected shutdowns
and installation of controls. Therefore West Virginia expects that
visibility impairment in its Class I areas will decrease as well. The
visibility data presented for Class I areas outside of West Virginia
show that each area is on track to achieve its RPGs in 2018.
EPA proposes to conclude that West Virginia has adequately
addressed the requirements of 40 CFR 51.308(g)(6). EPA views this
requirement as a qualitative assessment that should evaluate emissions
and visibility trends and other readily available information,
including expected emissions reductions associated with measures with
compliance dates that have not yet become effective. West Virginia
referenced the improving visibility trends with appropriately supported
data and referenced the downward emissions trends with a focus on
SO2 emissions from West Virginia EGUs that support the
determination that the West Virginia 2008 regional haze SIP is
sufficient to meet RPGs for Class I areas within and outside the state
impacted by West Virginia sources.
[[Page 14465]]
The provisions under 40 CFR 51.308(g)(7) require a review of a
state's visibility monitoring strategy and an assessment of whether any
modifications to the monitoring strategy are necessary. In its progress
report SIP, West Virginia summarizes the existing monitoring network at
Dolly Sods and Otter Creek and discusses its intended continued
reliance on the IMPROVE monitoring network for its visibility planning.
West Virginia also mentions its PM2.5 monitoring network and
that it is used to understand air pollution levels across the state.
West Virginia also encourages VISTAS and other regional planning
organizations to maintain support of the existing data management
system or an equivalent to facilitate availability analysis of IMPROVE
and visibility-related data. West Virginia concludes that the existing
network is adequate and that no modifications to visibility monitoring
strategy are necessary at this time.
EPA proposes to conclude that West Virginia has adequately
addressed the sufficiency of its monitoring strategy as required by the
provisions under 40 CFR 51.308(g)(7). West Virginia reaffirmed its
continued reliance upon the IMPROVE monitoring network and discussed
its additional PM2.5 monitoring network used to further
assess air pollution levels. West Virginia also explained the
importance of the IMPROVE monitoring network for tracking visibility
trends at Dolly Sods and Otter Creek and identified no expected changes
in this network.
B. Determination of Adequacy of Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report SIP. The following section summarizes: the
action taken by West Virginia under 40 CFR 51.308(h); West Virginia's
rationale for the selected action; and EPA's analysis and proposed
determination regarding the West Virginia's action.
In its progress report SIP, West Virginia submitted a negative
declaration that it had determined that the existing regional haze SIP
requires no further substantive revision to achieve the RPGs for Class
I areas affected by West Virginia's sources. The basis for the negative
declaration is the findings from the progress report (as discussed in
section III of this rulemaking action), including the findings that:
Visibility data has improved at Dolly Sods and Otter Creek;
SO2 emissions from West Virginia sources have decreased
beyond original projections; additional EGU control measures not relied
upon in West Virginia's regional haze SIP have been and are being
implemented; and the EGU SO2 emissions in West Virginia are
already below the levels projected for 2018 in the regional haze SIP
and are expected to continue to trend downward for the next five years.
EPA proposes to conclude West Virginia adequately addressed the
requirements of 40 CFR 51.308(h) because the visibility data trends at
the Class I areas impacted by West Virginia sources and the emissions
trends of the largest emitters of visibility-impairing pollutants both
indicate that the RPGs for 2018 will be met or exceeded.
IV. EPA's Proposed Action
EPA is proposing to approve West Virginia's regional haze five-year
progress report SIP revision, submitted on April 30, 2013, as meeting
the applicable regional haze requirements set forth in 40 CFR 51.308(g)
and 51.308(h).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 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 CAA; 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 proposed rule to approve West Virginia's regional
haze progress report SIP revision 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 3, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-05743 Filed 3-13-14; 8:45 am]
BILLING CODE 6560-50-P
