Approval and Promulgation of State Implementation Plans; California; Regional Haze Progress Report, 58302-58309 [2014-23101]
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you for clarification, EPA may not be
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Electronic files should avoid the use of
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Docket: EPA has established a docket
for this action under EPA–R09–OAR–
2014–0538. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents are listed at https://
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), 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.
La
weeda Ward, EPA Region IX, (213) 244–
1812, ward.laweeda@epa.gov.
FOR FURTHER INFORMATION CONTACT:
This
proposal addresses PCAPCD Rule 502,
New Source Review. In the Rules and
Regulations section of this Federal
Register, we are approving this local
rule 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 a 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.
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.
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SUPPLEMENTARY INFORMATION:
Dated: July 31, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–23002 Filed 9–26–14; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0586; FRL–9917–22–
Region–9]
Approval and Promulgation of State
Implementation Plans; California;
Regional Haze Progress Report
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the California Regional Haze
(RH) State Implementation Plan (SIP)
submitted by the California Air
Resources Board (CARB) documenting
that the State’s existing plan is making
adequate progress to achieve visibility
goals by 2018. The California RH SIP
revision addresses the Regional Haze
Rule (RHR) requirements under the
Clean Air Act (CAA) to submit a report
describing progress in achieving
reasonable progress goals (RPGs) to
improve visibility in Federally
designated Class I areas in California
and in nearby states that may be affected
by emissions from sources in California.
EPA is proposing to approve California’s
determination that the existing RH SIP
is adequate to meet the visibility goals,
and requires no substantive revision at
this time.
DATES: Comments must be received by
the designated contact at the address
listed below on or before October 29,
2014.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2014–0586, by one of the
following methods:
• Federal Rulemaking portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: webb.thomas@epa.gov.
• Fax: 415–947–3579 (Attention:
Thomas Webb).
• Mail, Hand Delivery, or Courier:
Thomas Webb, EPA Region 9, Air
Division (AIR–2), 75 Hawthorne Street,
San Francisco, California 94105. Hand
and courier deliveries are only accepted
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: EPA’s policy is to
include all comments received in the
public docket without change. We may
make comments available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
ADDRESSES:
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information claimed to be confidential
business information (CBI) or other
information for which disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or that is otherwise protected through
https://www.regulations.gov or email.
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 email
comment directly to EPA, without going
through https://www.regulations.gov, we
will include your email address 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 not
include special characters or any form
of encryption, and be free of any defects
or viruses.
Docket: All documents for this
proposed action are listed in the index
for docket number EPA–R09–OAR–
2014–0586 on https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, such as CBI or other
information that is restricted by statute.
Certain other material, such as
copyrighted material, is publicly
available only in hard copy form.
Publicly available docket materials are
available electronically at https://
www.regulations.gov or in hard copy
during normal business hours at the
Planning Office of the Air Division,
AIR–2, EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105. To
view hard copies of documents listed in
the docket index, EPA requests that you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Thomas Webb, U.S. EPA, Region 9,
Planning Office, Air Division, AIR–2, 75
Hawthorne Street, San Francisco, CA
94105. Thomas Webb may be reached at
telephone number (415) 947–4139 and
via electronic mail at webb.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview of Proposed Action
II. Background on Regional Haze
III. Background on Regional Haze Plans
IV. Requirements for Regional Haze Progress
Reports
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V. EPA’s Evaluation of California’s Progress
Report
A. Status of Control Strategies
B. Emission Reductions and Progress
C. Visibility Progress
D. Assessment of Changes Impeding
Visibility Progress
E. Assessment of Current Strategy
F. Review of Visibility Monitoring Strategy
G. Determination of Adequacy
H. Consultation with Federal Land
Managers
VI. EPA’s Proposed Action
VII. Statutory and Executive Order Reviews
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I. Overview of Proposed Action
EPA is proposing to approve CARB’s
determination that the existing
California RH SIP is adequate to achieve
the established RPGs for Class I areas by
2018, and therefore requires no
substantive revision at this time. The
State’s determination and EPA’s
proposed approval are based on the
California Regional Haze Plan 2014
Progress Report (‘‘Progress Report’’ or
‘‘Report’’) submitted by CARB to EPA
on June 16, 2014, that addresses 40 CFR
51.308(g) and (h) of the RHR. The
Progress Report demonstrates that the
emission control measures in the
existing RH SIP are sufficient to enable
California, as well as other states with
Class I areas affected by emissions from
sources in California, to meet all
established RPGs for 2018. We are also
proposing to find that CARB fulfilled
the requirements in 51.308(i)(2), (3), and
(4) to provide Federal Land Managers
(FLMs) with an opportunity to consult
on the RH SIP revision, describe how
CARB addressed the FLMs’ comments,
and provide procedures for continuing
the consultation.
II. Background on Regional Haze
Regional haze is visibility impairment
produced by many sources and
activities located across a broad
geographic area that emit fine particles
that impair visibility by scattering and
absorbing light, thereby reducing the
clarity, color, and visible distance that
one can see. These fine particles also
can cause serious health effects and
mortality in humans and contribute to
environmental impacts, such as acid
deposition and eutrophication of water
bodies.
The RHR uses the deciview as the
principle metric for measuring visibility
and for the RPGs that serve as interim
visibility goals toward meeting the
national visibility goal of reaching
natural conditions by 2064. A deciview
expresses uniform changes in haziness
in terms of common increments across
the entire range of visibility conditions,
from pristine to extremely hazy
conditions. Deciviews are determined
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by using air quality measurement to
estimate light extinction, and then
transforming the value of light
extinction using a logarithmic function.
Deciview is a more useful measure for
tracking progress in improving visibility
than light extinction 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.
III. Background on Regional Haze Plans
In section 169A(a)(1) of the CAA
Amendments of 1977, Congress created
a program to protect visibility in
designated national parks and
wilderness areas, establishing as a
national goal the ‘‘prevention of any
future, and the remedying of any
existing, impairment of visibility in
mandatory Class I Federal areas which
impairment results from manmade air
pollution.’’ In accordance with section
169A of the CAA and after consulting
with the Department of Interior, EPA
promulgated a list of 156 mandatory
Class I Federal areas where visibility is
identified as an important value (44 FR
69122, November 30, 1979). In this
notice, we refer to mandatory Class I
Federal areas as ‘‘Class I areas.’’
California has 29 Class I areas, the most
of any state.
With the CAA Amendments of 1990,
Congress added section 169B to address
regional haze issues. EPA promulgated
a rule to address regional haze on July
1, 1999, known as the Regional Haze
Rule (64 FR 35713). The RHR revised
the existing visibility regulations in 40
CFR 51.308 to integrate provisions
addressing regional haze impairment
and to establish a comprehensive
visibility protection program for Class I
areas.
CARB submitted its initial RH SIP to
EPA on March 17, 2009, in accordance
with the requirements of 40 CFR 51.308
for the first regional haze planning
period ending in 2018. EPA approved
the California RH SIP for the first
planning period on June 14, 2011 (76 FR
34608). The Progress Report from CARB
is the first evaluation of whether the
existing California RH SIP is sufficient
to enable California, and other states
affected by emissions from sources in
California, to meet the established
visibility goals for 2018.
IV. Requirements for Regional Haze
Progress Reports
The RHR in 40 CFR 51.308(g) requires
states to submit a report every five years
in the form of a SIP revision to evaluate
progress toward achieving the RPGs for
each Class I area in the state and for
those areas outside the state that may be
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affected by emissions from within the
state. The first progress reports are due
five years from the submittal date of
each state’s initial RH SIP. These reports
must contain an evaluation of seven
elements, at a minimum, and include a
determination of the adequacy of the
state’s existing RH SIP. In summary,1
the seven elements are: (1) A
description of the status of
implementation of all measures
included in the current RH SIP for
achieving the RPGs in Class I areas
within and outside the State; (2) a
summary of the emission reductions
achieved in the State through
implementation of these measures; (3)
an assessment of visibility conditions
and changes on the most impaired and
least impaired days for each Class I area
in the State in terms of 5-year averages
of the annual values; (4) an analysis of
changes in emissions over the past 5
years contributing to visibility
impairment from all sources and
activities within the State based on the
most recently updated emissions
inventory; (5) an assessment of any
significant changes in anthropogenic
emissions within or outside the State
over the past 5 years that have limited
or impeded progress in reducing
pollutant emissions and improving
visibility; (6) an assessment of whether
the elements and strategies in the
current RH SIP are sufficient to enable
the State, or other states affected by its
emissions, to achieve the established
RPGs; and (7) a review of the State’s
visibility monitoring strategy and any
necessary modifications.
Based on an evaluation of the factors
listed above as well as any other
relevant information, a state is required
in 40 CFR 51.308(h) to determine the
adequacy of its existing RH SIP. The
state must take one of four possible
actions based on the analysis in its
progress report. In summary,2 these
actions are to (1) provide a negative
declaration to EPA that no further
substantive revisions to the State’s
existing RH SIP is needed to achieve the
RPGs; (2) provide notification to EPA
and to other states in its region that its
RH SIP is or may be inadequate to
ensure reasonable progress due to
emissions from sources in other states,
and collaborate with other states to
develop additional strategies to address
the deficiencies; (3) provide notification
and available information to EPA that
the State’s RH SIP is or may be
inadequate to ensure reasonable
1 Please refer to 40 CFR 51.308(g) for the exact
Rule requirements.
2 Please refer to 40 CFR 51.308(h) for the exact
Rule requirements.
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progress due to emissions from sources
in another country; or (4) revise its RH
SIP within one year to address the
deficiencies if the State determines that
its existing plan is or may be inadequate
to ensure reasonable progress in one or
more Class I areas due to emissions from
sources within the State.
A state must document that it
provided FLMs with an opportunity for
consultation prior to holding a public
hearing on a RH SIP or plan revision as
required in 40 CFR 51.308(i)(2). In
addition, a state must include a
description of how it addressed any
comments from the FLMs, and provide
procedures for continuing consultation
with the FLMs as required in 40 CFR
51.308(i)(3) and (4).
V. EPA’s Evaluation of California’s
Progress Report
This section describes California’s
Progress Report and EPA’s evaluation of
the Report in relation to the seven
elements listed in 40 CFR 51.308(g) and
the determination of adequacy in 40
CFR 51.308(h). We also review the
requirement in 40 CFR 51.308(i)(2) for
state and FLM coordination on a plan
revision. However, to facilitate a better
understanding of the Report’s contents,
we first provide background information
on the framework for measuring
visibility progress, the causes of haze in
California, and the sources of data used
in the Report.
Framework for Measuring Progress:
Visibility conditions at California’s 29
Class I areas are calculated in deciviews
using data collected from 17 Interagency
Monitoring of Protected Visual
Environments (IMPROVE) monitors.
These deciview values are then
compared to the State’s RPGs (i.e.,
visibility goals) for 2018 in each Class
I area. The RPGs are based on the
annual average of the projected
deciview level for the 20 percent best
days and the 20 percent worst days
measured at each Class I area. The RPGs
in 2018 for the worst days, the key
indicator of progress, are the result of
atmospheric modeling based on
projected emission reductions from
control strategies in the California RH
SIP as well as emission reductions
expected to result from other Federal,
state and local air quality programs
among other factors. The RPGs must
provide for an improvement in visibility
on the 20 percent worst days and ensure
no degradation on the 20 percent best
days, compared to average visibility
conditions during the baseline period
from 2000 to 2004.
Causes of Haze: The three primary
drivers of haze on the worst days in
California are nitrates mostly from
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mobile sources, sulfates mostly from
offshore and international sources, and
organic carbon (OC) mostly from natural
sources. Accordingly, California’s
control strategies target reducing the
precursors of these pollutants: nitrogen
oxide (NOX) for nitrates, sulfur oxide
(SOX) for sulfates, and reactive organic
gases (ROG) 3 for organic carbon, along
with fine particulate matter (PM2.5) that
is directly emitted. For more
information regarding the causes of haze
in California and other background
information, please refer to the
California RH SIP and EPA’s evaluation
of that SIP, both of which are available
in the docket for this rulemaking.4
Data Sources for the Progress Report:
CARB’s analysis is primarily based on
IMPROVE monitoring data for the fiveyear period from 2007 to 2011 (i.e.,
current conditions) compared to
monitoring data from 2000 to 2004 (i.e.,
baseline conditions). For each of these
time periods, the RHR requires the use
of a five-year average of annual average
deciview values to represent the
baseline and current conditions. CARB
also relied on the ‘‘Western Regional Air
Partnership (WRAP) Regional Summary
Report,’’ dated June 2013, that focuses
on the five years (2005 to 2009)
following the baseline period. While the
most recent IMPROVE data for 2012 was
not available in time for the Progress
Report’s analysis, a summary of the
2012 monitoring data is appended to the
Report, and is referenced to support the
analysis of current conditions.
A. Status of Control Strategies
1. CARB’s Analysis
The California RH SIP relies on the
continued implementation of adopted
Federal, state and local control
measures, which were developed
primarily to meet the National Ambient
Air Quality Standards (NAAQS), to
address the anthropogenic sources of
haze in California. In its Progress
Report, CARB confirms that mobile
sources are the primary contributor of
NOX, while also contributing SOX, OC,
and PM2.5 to haze at Class I areas.
Although many aspects of mobile
sources are regulated by Federal laws,
the Progress Report notes that California
3 CARB defines ROG emissions as reactive
organic gases that are a precursor to organic carbon
aerosols. ROG means any compound of carbon,
which is how EPA defines volatile organic
compounds (VOC). However, the lists of
compounds of carbon that are excluded from the
respective lists of ROGs and VOCs differ to some
extent.
4 California RH SIP Section 4.7: Regional Analysis
of Source Categories, Proposed rule at 76 FR 13944
(March 15, 2011), and Final rule at 76 FR 34608
(June 14, 2011).
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has some of the most aggressive and
innovative State and local regulations
for mobile sources in the country. The
Progress Report lists strategies adopted
and implemented by the State that target
emission reductions from light-duty
passenger vehicles, heavy-duty diesel
trucks, and off-road equipment, which
are some of the largest sources of NOX
emissions. Actual measures include fuel
and engine standards, pollution control
technology, goods movement and
transportation rules, and consumer
product requirements. In addition, local
air districts implement stationary source
and other control programs including
New Source Review and Prevention of
Significant Deterioration permits that
also reduce or prevent emissions that
might contribute to haze.
The Progress Report includes a list of
two dozen new control strategies that
were not in the emission inventory used
to project the deciview level for the
RPGs in 2018. Due to nonattainment of
NAAQS, CARB and local districts are
regularly adopting or revising rules and
creating new incentives to reduce
emissions. These new control measures
should further reduce emissions beyond
those projected from the control
strategies in the California RH SIP.
The Progress Report also includes an
update on the State’s single stationary
source, the Valero Refinery in Benicia,
California, that was required to install
and operate Best Available Retrofit
Technology (BART) controls. The new
control equipment includes low-NOX
burners and selective catalytic reduction
to reduce NOX, and scrubbers to remove
SO2 and PM10 (large particulate matter).
These controls, installed and in
operation at the Valero Refinery since
February 2011, two years before the
deadline for compliance, are already
reducing emissions. The deciview and
light extinction data from 2011 (20.2 dv)
and 2012 (20.1) for Point Reyes National
Seashore, the most affected Class I area
by emissions from this source, are
already showing a reduction in nitrates
and sulfates compared to 2010 (22 dv).
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(1) to describe the
status of all measures included in the
California RH SIP. CARB generally
describes the types of measures in its
RH SIP, and includes new control
strategies that should contribute to
further improvement in visibility. The
report identifies NOX emissions from
mobile sources as the primary source of
anthropogenic emissions causing or
contributing to haze, and focuses on
related control measures. The report
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also includes the status of BART
controls at the Valero Refinery, the only
identified source in California subject to
BART. In response to a comment from
FLMs requesting additional information
regarding Federal and state regulations
that were accounted for in California’s
RPGs, CARB noted that its RH SIP
submitted in 2009 included a discussion
of the regulations used to establish the
RPGs for 2018.5 The RH SIP is included
in the docket for this action. A listing of
state and local California air district
rules within the federally enforceable
SIP, is available at: https://www.epa.gov/
region9/air/sips/.
B. Emission Reductions and Progress
1. CARB’s Analysis
CARB provides a recently updated
California Statewide Emission Inventory
from 2000 to 2020 at five-year intervals
that demonstrates steadily decreasing
emissions of regional haze precursors
(i.e., NOX, ROG, SOX, and PM2.5) from
about 75 categories of sources.6 NOX
emissions are expected to decrease from
about 1.4 million tons per year (tpy) in
2000 to 567,000 tpy in 2020. ROG
emissions are expected to decrease from
about 1 million tpy in 2000 to 570,000
tpy in 2020. SOX emissions are expected
decrease from about 106,000 tpy in 2000
to 30,000 tpy in 2020. PM2.5 emissions
are expected to decrease from about
241,000 tpy in 2000 to 151,000 tpy in
2020.
Statewide emissions also are
summarized by pollutant for each of the
three major categories of sources:
Stationary, area, and mobile.7 Of
particular interest are NOX emissions
from mobile sources, which are
expected to decrease from about 1.1
million tpy in 2000 to 995,000 tpy in
2005; 706,000 tpy in 2010; 557,000 tpy
in 2015; and 434,000 tpy in 2020. The
statewide emissions inventory and
summary are accompanied by a graph of
statewide inventory trends that shows
decreasing emissions for all four
visibility-impairing pollutants from
2000 to 2020. Mobile source emissions
of NOX, ROG, SOX, and PM2.5, listed
above in tpy, are projected to decline by
about 60, 65, 85, and 50 percent,
respectively, from 2000 to 2020.8
Stationary and area sources for these
four pollutants are also projected to
decline over this 20-year period. Overall
statewide emissions of NOX, ROG, SOX,
and PM2.5 for stationary, area, and
mobile sources are expected to decline
by almost 40 percent from 2000 to 2020.
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirements
in 40 CFR 51.308(g)(2) to provide a
summary of the emission reductions
achieved through implementation of the
control measures relied upon to achieve
the RPGs. The trend analysis for the
largest category of emissions, NOX from
mobile sources, indicates that these
58305
emissions are expected to decline from
1,131,500 tons per year in 2000 to
433,620 tons per year by 2020, a
reduction of almost 62 percent. As
reported by CARB, statewide emissions
of ROG, SOX, and PM2.5 are also
declining over this 20-year time period.
We also propose to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(4) to analyze the
change in emissions over the past five
years of pollutants contributing to
visibility impairment from all sources
and activities within the state, using the
most recently updated emissions
inventory. The California Statewide
Emission Inventory is recently updated
and includes inventories for 2005 and
2010 that represent the past five years.
C. Visibility Progress
1. CARB’s Analysis
CARB addresses progress on the 20
percent best days and 20 percent worst
days by comparing current conditions
(five-year average from 2007 to 2011) to
baseline conditions (five-year average
from 2000 to 2004), and current
conditions on worst days to the RPGs in
2018. A summary of progress on best
and worst days is shown in Tables 1 and
2 that are adapted from the Progress
Report.9 As shown in the tables, CARB
divides the 17 monitors and 29 Class I
areas into four regional zones for its
analysis: Northern California, Sierra
California, Coastal California, and
Southern California.
TABLE 1—SUMMARY OF PROGRESS ON BEST DAYS
[In deciviews]
IMPROVE Monitor
Baseline best
days
(2000–04)
Class I Areas
Current
best days
(2007–11)
Visibility
change
Northern California
TRIN ........................................
LABE .......................................
LAVO .......................................
Marble Mountain WA .............................................................
Yolla Bolly-Middle Eel WA .....................................................
Lava Beds NM .......................................................................
South Warner WA ..................................................................
Lassen Volcanic NP ...............................................................
Caribou WA ............................................................................
Thousand Lakes WA .............................................................
3.4
3.0
0.4
3.2
2.9
0.3
2.7
2.3
0.4
2.5
2.1
0.4
1.4
3.4
1.3
2.5
0.1
0.9
2.3
1.5
0.8
Sierra California
BLIS .........................................
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HOOV ......................................
YOSE ......................................
KAIS ........................................
Desolation WA .......................................................................
Mokelumne WA ......................................................................
Hoover WA .............................................................................
Yosemite NP ..........................................................................
Emigrant WA ..........................................................................
Ansel Adams WA ...................................................................
Kaiser WA ..............................................................................
John Muir WA ........................................................................
5 Progress Report Appendix E: Comments of
Federal Land Management Agencies with CARB
Responses.
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6 Id. Appendix B: Emission Inventory 2013
Almanac.
7 Id. California Statewide Inventory Summary,
Table 2, page 9.
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8 Id. California Statewide Inventory Trends,
Figure 3, page 10.
9 Id. Statewide 2018 Reasonable Progress Goal
Summary, Table 3, page 12, and Revised Table 3.
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TABLE 1—SUMMARY OF PROGRESS ON BEST DAYS—Continued
[In deciviews]
Baseline best
days
(2000–04)
IMPROVE Monitor
Class I Areas
SEQU ......................................
Sequoia NP ............................................................................
Kings Canyon NP ..................................................................
Dome Lands WA ....................................................................
DOME ......................................
Current
best days
(2007–11)
Visibility
change
8.8
7.6
1.2
5.1
4.9
0.2
6.1
10.5
8.9
5.8
8.6
7.8
0.3
1.9
1.1
6.4
5.2
1.2
4.8
4.5
0.3
5.4
4.0
1.4
9.6
6.1
7.1
4.8
2.5
1.3
Coastal California
REDW .....................................
PORE ......................................
PINN ........................................
RAFA .......................................
Redwood NP ..........................................................................
Point Reyes NS .....................................................................
Pinnacles WA .........................................................................
Ventana WA ...........................................................................
San Rafael WA ......................................................................
Southern California
SAGA ......................................
SAGO ......................................
AGTI ........................................
JOSH .......................................
WA = Wilderness Area
San Gabriel WA .....................................................................
Cucamonga WA .....................................................................
San Gorgonio WA ..................................................................
San Jacinto WA .....................................................................
Agua Tibia WA .......................................................................
Joshua Tree NP .....................................................................
NM = National Monument
NP = National Park
NS = National Seashore
TABLE 2—SUMMARY OF PROGRESS ON WORST DAYS
[In deciviews]
IMPROVE Monitor
Baseline worst
days
(2000–04)
Class I Areas
Current worst
days
(2007–11)
Visibility
change
RPG
(2018)
Current
progress to
RPG
Northern California
TRIN .....................
LABE .....................
LAVO ....................
Marble Mountain WA ........................
Y.B.-Middle Eel WA ..........................
Lava Beds NM ..................................
South Warner WA ............................
Lassen Volcanic NP .........................
Caribou WA ......................................
Thousand Lakes WA ........................
17.4
15.2
2.1
16.4
210%
15.1
13.0
2.1
14.4
300%
14.1
15.6
¥1.5
13.3
¥188%
12.6
13.0
¥0.4
12.3
¥133%
12.9
17.6
11.5
16.0
1.4
1.6
12.5
16.7
350%
178%
15.5
14.9
0.6
14.9
100%
25.4
22.3
3.1
22.7
115%
19.4
18.3
1.1
18.1
85%
18.5
22.8
18.5
18.5
21.6
17.5
0
1.2
1.0
17.8
21.3
16.7
0%
80%
56%
18.8
18.0
0.8
17.3
53%
19.9
18.0 *
1.9
17.4
76% *
22.2
18.7
3.5
19.9
152%
23.5
19.8
3.7
21.6
195%
Sierra California
BLIS ......................
HOOV ...................
YOSE ....................
KAIS ......................
SEQU ....................
DOME ...................
Desolation WA ..................................
Mokelumne WA ................................
Hoover WA .......................................
Yosemite NP .....................................
Emigrant WA ....................................
Ansel Adams WA .............................
Kaiser WA .........................................
John Muir WA ...................................
Sequoia NP ......................................
Kings Canyon NP .............................
Dome Lands WA ..............................
Coastal California
tkelley on DSK3SPTVN1PROD with PROPOSALS
REDW ...................
PORE ....................
PINN .....................
RAFA ....................
Redwood NP ....................................
Point Reyes NS ................................
Pinnacles WA ...................................
Ventana WA .....................................
San Rafael WA .................................
Southern California
SAGA ....................
SAGO ...................
AGTI .....................
VerDate Sep<11>2014
San Gabriel WA ................................
Cucamonga WA ...............................
San Gorgonio WA ............................
San Jacinto WA ................................
Agua Tibia WA .................................
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58307
TABLE 2—SUMMARY OF PROGRESS ON WORST DAYS—Continued
[In deciviews]
Baseline worst
days
(2000–04)
IMPROVE Monitor
Class I Areas
JOSH ....................
Joshua Tree NP ...............................
Current worst
days
(2007–11)
19.6
tkelley on DSK3SPTVN1PROD with PROPOSALS
WA = Wilderness Area
NM = National Monument
NP = National Park
* This data is from 2005 to 2008 due to fire damage to the monitor in 2009.
Current visibility conditions have
improved on the 20 percent best days at
all California’s Class I areas as indicated
in the last column of Table 1 that shows
positive visibility change compared to
the best days baseline for all 17
monitors.10 On the 20 percent worst
days, the current conditions already
meet the RPGs for 2018 at nine of the
17 monitors as shown in Table 2. At five
monitors, current conditions on worst
days range from 53 to 85 percent of the
improvement in visibility needed to
meet the respective RPGs. At the
remaining three monitors, current
conditions on worst days indicate that
six Class I areas are not making progress
in achieving the RPGs.
The Progress Report explains that the
limited progress in improving visibility
at six Class I areas, all located in
northern California, is due to smoke
from wildfires as documented in
Appendix D of the Progress Report.11
The six Class I areas and the associated
monitors are Lassen Volcanic National
Park, Caribou Wilderness Area, and
Thousand Lakes Wilderness Area
(LAVO); Desolation Wilderness Area
and Mokelumne Wilderness Area
(BLIS); and Redwood National Park
(REDW). CARB explains that wildfire
smoke has caused unusually high
deciviews on the worst days at the
LAVO monitor in 2008 and 2009, at the
BLIS monitor in 2007 and 2008, and at
the REDW monitor in 2008. CARB
provides technical analyses of how
wildfire smoke can elevate the deciview
value on a sufficient number of the 20
percent worst days to increase the
annual average deciview as well as skew
the five-year average deciview at a given
monitor. CARB also notes that offshore
emissions from ocean vessels may
contribute to sulfate formation that
impairs visibility at some remote
monitors near the coast where there are
no other major sources of sulfates.12
This may be the case for Pinnacles
Wilderness Area and Ventana
Wilderness Area (PINN), and Redwood
10 See
Revised Table 3, Technical Correction for
Current Best Days (2007–2011), August 6, 2014.
11 Id. Appendix D: Technical Analyses of Factors
Impeding Progress.
12 Id. Page 11.
VerDate Sep<11>2014
16:17 Sep 26, 2014
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16.1
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(3) to assess the
visibility conditions and changes in
each of the State’s Class I areas for the
least and most impaired days in terms
of the five-year averages of the annual
values. CARB describes progress at each
of the Class I areas on the best and worst
days using data from the IMPROVE
monitors to analyze changes in visibility
conditions for current conditions (2007
to 2011), current conditions compared
to baseline conditions, and over the past
five years, which is essentially
equivalent to the baseline comparison.
D. Assessment of Changes Impeding
Visibility Progress
1. CARB’s Analysis
The Progress Report includes an
assessment of changes in natural and
anthropogenic emissions that impede
visibility progress based on a review of
emission inventories, monitoring data,
and other sources of information.14
CARB identifies three factors, largely
13 Id, Appendix C: Deciview Record (2000–2012),
Table C–3.
14 Id. Section 4, pages 13–17.
Frm 00018
Fmt 4702
Sfmt 4702
RPG
(2018)
3.5
17.9
Current
progress to
RPG
206%
NS = National Seashore
National Park (REDW), where visibility
improvement during the current fiveyear period is slower than elsewhere,
although these three Class I areas are
affected by wildfire smoke in some
years as well.
CARB also includes a Statewide 2018
Reasonable Progress Goal Summary
using 2012 Data 13 that represents the
five-year average for current conditions
from 2008 to 2012. This updated table
shows that on the worst days only three
Class I areas represented by one monitor
(LAVO) have worse visibility during
current conditions (15.6 dv) compared
to the baseline (14.1 dv). Of the
remaining 16 monitors, 14 already
exceed and two (REDW and PINN) are
expected to meet the RPGs in 2018 for
the worst days based on trends reflected
by the updated current conditions. On
the best days, the average current
conditions from 2008 to 2012 meet or
exceed the RPGs at all 17 monitors.
PO 00000
Visibility
change
beyond the State’s control, that interfere
with progress toward improved
visibility on worst days at some of its
Class I areas. These factors are wildfire
smoke from natural sources, offshore
shipping emissions from anthropogenic
sources largely outside California’s
jurisdiction, and Asian dust from
natural and anthropogenic sources
outside of California’s jurisdiction. Each
of these types of emissions can cause a
spike in pollutants at a sampling
monitor that could be included in the 20
percent worst days. Wildfire smoke
results in elevated levels of organic
carbon. Offshore shipping results in
elevated levels of sulfates at monitors
near the coast during the summer. Asian
dust combined with industrial pollution
in the form of coarse mass and fine soils
are transported in the jet stream over the
Pacific Ocean, especially during the
spring.
CARB provides documentation and
analysis supporting the fact that
wildfires are occurring more frequently
in California over the past decade.15
Wildfire smoke can cause increases in
organic carbon concentrations at
monitors for several consecutive days or
weeks. In some cases, the effect of
wildfires is high enough to increase the
deciview value of the annual as well as
five-year averages on the 20 percent
worst days. The Progress Report
includes the example of a large number
of wildfires in northern California
known as the ‘‘2008 Lightning Strike
Complex’’ that occurred in June through
August 2008. These fires had an
overwhelming impact on visibility
progress at many monitors throughout
California and the West.16 CARB
includes in the Report a satellite photo
of smoke plumes on July 9, 2008, that
indicates the location of the three
monitors (REDW, BLIS, and LAVO)
where visibility progress was lagging
during the current conditions time
period (2007 to 2011).17 Moreover, with
15 Id. Wildfire Acreage Burned in California,
1950–2010, Figure 4, page 14.
16 Id, The 2008 ‘‘Lightning Strike Complex,’’
Figure 5, page 15.
17 Id, NASA Satellite Photo: July 9, 2008, Figure
6, page 16.
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
80 percent of the State considered
wildland 18 and smoke drifting long
distances, all of California’s Class I areas
are susceptible to wildfires.
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(5) to assess any
significant changes in anthropogenic
emissions within or outside the State
over the past five years that have limited
or impeded progress in reducing
emissions and improving visibility.
While CARB’s analysis primarily
focuses on wildfires, it also discusses
the effects of emissions from offshore
shipping and Asian dust.
In addition, 26 of the State’s 29 Class I
areas have already achieved the 2018
RPGs for the worst days or are on track
to meet those RPGs by 2018. The lack
of progress at the three remaining areas
on the worst 20 percent days is largely
due to wildfires. Significant emission
reductions within California are also
expected to benefit Class I areas outside
the State that are affected by California’s
emissions. CARB provides sufficient
evidence to demonstrate that its current
strategy is adequate to enable all
affected Class I areas to meet the RPGs
for 2018.
F. Review of Visibility Monitoring
Strategy
1. CARB’s Analysis
1. CARB’s Analysis
The Progress Report asserts that
California’s current control strategy is
on track to meet the RPGs for 2018 at
all 29 Class I areas throughout the State.
CARB cites the IMPROVE data for 2011
in which each of the Class I areas is
already below the 2018 visibility goal.
Moreover, the State continues to
strengthen existing control measures,
adopt new control measures, and
develop plans with even newer
measures to meet upcoming NAAQS as
well as other new Federal and State air
quality requirements.
The Progress Report indicates that the
current strategy also is sufficient to
lessen the impact of California’s
emissions on neighboring states. In the
California RH SIP, CARB determined
that the State’s emissions contributed
about three percent or less of nitrate on
the worst days at Jarbidge Wilderness
Area in Nevada; Kalmiopsis Wilderness
Area and Crater Lake National Park in
Oregon; and Sycamore Canyon
Wilderness Area and Grand Canyon
National Park in Arizona. With
California NOX emissions projected to
decrease by about 60 percent from 2000
to 2020, these small contributions will
be further reduced.
tkelley on DSK3SPTVN1PROD with PROPOSALS
E. Assessment of Current Strategy
California will continue to rely on the
IMPROVE network to collect and
analyze the visibility data, and has no
need to make any changes. CARB
reports that the Station Fire in August
2009 destroyed the SAGA monitor that
represents San Gabriel Wilderness Area
and Cucamonga Wilderness Area. For
this reason, the current conditions on
the worst days for the SAGA monitor
are based on 2005 to 2008, instead of
2007 to 2011. However, the monitoring
site was reestablished in October 2011.
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(6) to assess whether
the current elements and strategies in
the RH SIP are sufficient to enable
California, or other states affected by
California’s emissions, to meet all
established RPGs. As described above,
monitoring data indicates current
visibility conditions already meet or
exceed the RPGs for the 20 percent best
days at all of the State’s Class I areas.
18 Id, Wildfire Frequency and Intensity, Figure 7,
page 17.
VerDate Sep<11>2014
16:17 Sep 26, 2014
Jkt 232001
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirement in
40 CFR 51.308(g)(7) to review its
visibility monitoring strategy and make
any modifications as necessary. We
agree that there is no need to modify
California’s monitoring network for
measuring visibility at this time.
G. Determination of Adequacy
1. CARB’s Determination
CARB has determined that no
substantive revision of the RH SIP is
warranted at this time in order to
achieve the RPGs for visibility
improvement by 2018. Visibility trends
for the worst days show improvement at
every monitor except for the three
monitors (LAVO, BLIS, and REDW)
influenced by years with wildfires.
Further, current visibility conditions on
best days (2007 to 2011) at all monitors
are better than the baseline period.
Based on reductions in anthropogenic
sources of emissions in California and
the concurrent improvement in
visibility at all of California’s Class I
area monitors, CARB determines that
the current RH SIP strategies are
sufficient to enable California and its
neighboring states to meet their RPGs
for 2018.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
2. EPA’s Evaluation
EPA proposes to find that CARB
adequately addresses the requirements
in 40 CFR 51.308(h) by determining that
the existing California RH SIP requires
no substantive revisions at this time to
achieve the established RPGs at Class I
areas affected by the State’s sources.
EPA concurs with the State’s
determination based on the analysis and
documentation presented in the
Progress Report. The Report provides
evidence of declining emissions from
anthropogenic sources within the State’s
control and improving visibility on
worst days at all the monitors except
when influenced by wildfires. Visibility
on best days is also improving at all
monitors, which are already meeting the
RPGs for the best days.
H. Consultation With Federal Land
Managers
1. CARB’s Consultation
CARB conducted timely outreach in
January 2014 to the FLMs including the
U.S. National Park Service (NPS) and
the U.S. Forest Service (USFS), which
manage the national parks and wildlife
areas in California. The NPS responded
in a letter dated March 27, 2014, that
agreed with CARB’s conclusion that
emission reductions are sufficient to
meet the RPGs for 2018, and offered
suggestions to strengthen the Report.
The USFS responded in a letter dated
April 8, 2014, that CARB has
demonstrated it is on a technically
sound path for improving visibility in
Class I areas. CARB’s responses to the
comments from NPS and USFS are
included in Appendix E of the Report.
CARB has submitted to EPA a Public
Notice and Hearing Transcript along
with a certified copy of Air Resources
Board Resolution 14–15 dated May 22,
2014, the date of the public hearing at
which the Board approved the Progress
Report. Resolution 14–15 certifies that
CARB provided a copy of the draft
Progress Report to the FLMs on January
28, 2014, and on March 11, 2014, held
a conference call to discuss the draft
Report. In the response to comments,
CARB commits to continuing policy
discussions through the regular Air and
Land Mangers meetings held between
the State and FLMs.
2. EPA’s Evaluation
EPA proposes to find that CARB has
addressed the requirements in 40 CFR
51.308(i)(2), (3), and (4) to provide
FLMs with an opportunity for
consultation in person and at least 60
days prior to a public hearing on the SIP
revision; include a description in the
SIP revision of how it addressed any
E:\FR\FM\29SEP1.SGM
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
comments from the FLMs; and provide
procedures for continuing consultation
between the State and FLMs.
tkelley on DSK3SPTVN1PROD with PROPOSALS
VI. EPA’s Proposed Action
EPA is proposing to approve the
California Regional Haze Plan 2014
Progress Report submitted to EPA on
June 16, 2014, as meeting the applicable
RHR requirements as set forth in 40 CFR
51.308(g), (h), and (i).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal
regulations.19 Thus, in reviewing SIP
submissions, EPA’s role is to approve
state decisions, provided that they meet
the criteria of the CAA. Accordingly,
this proposed action is to approve 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
19 42
U.S.C. 7410(k); 40 CFR 52.02(a).
VerDate Sep<11>2014
16:17 Sep 26, 2014
Jkt 232001
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. 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, Organic carbon,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–23101 Filed 9–26–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0713; FRL–9917–20–
Region–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to Administrative
Rules of Montana—Prevention of
Significant Deterioration
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Montana on June 4, 2013. This SIP
revision revises the Administrative
Rules of Montana that pertain to the
issuance of Montana air quality permits.
The June 4, 2013 revisions contain
amended and renumbered rules. In this
proposed rulemaking, we are taking
action on portions of the June 4, 2013
submittal. This action is being taken
under section 110 of the Clean Air Act
(CAA).
DATES: Comments must be received on
or before October 29, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
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58309
OAR–2014–0713, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: leone.kevin@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Carl Daly, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Carl Daly, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Such deliveries
are only accepted Monday through
Friday, 8:00 a.m. to 4:30 p.m., excluding
federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2014–
0713. 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.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 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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
E:\FR\FM\29SEP1.SGM
29SEP1
Agencies
[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Proposed Rules]
[Pages 58302-58309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23101]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0586; FRL-9917-22-Region-9]
Approval and Promulgation of State Implementation Plans;
California; Regional Haze Progress Report
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the California Regional Haze (RH) State
Implementation Plan (SIP) submitted by the California Air Resources
Board (CARB) documenting that the State's existing plan is making
adequate progress to achieve visibility goals by 2018. The California
RH SIP revision addresses the Regional Haze Rule (RHR) requirements
under the Clean Air Act (CAA) to submit a report describing progress in
achieving reasonable progress goals (RPGs) to improve visibility in
Federally designated Class I areas in California and in nearby states
that may be affected by emissions from sources in California. EPA is
proposing to approve California's determination that the existing RH
SIP is adequate to meet the visibility goals, and requires no
substantive revision at this time.
DATES: Comments must be received by the designated contact at the
address listed below on or before October 29, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2014-0586, by one of the following methods:
Federal Rulemaking portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: webb.thomas@epa.gov.
Fax: 415-947-3579 (Attention: Thomas Webb).
Mail, Hand Delivery, or Courier: Thomas Webb, EPA Region
9, Air Division (AIR-2), 75 Hawthorne Street, San Francisco, California
94105. Hand and courier deliveries are only accepted Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Special
arrangements should be made for deliveries of boxed information.
Instructions: EPA's policy is to include all comments received in
the public docket without change. We may make comments 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 for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or that is otherwise protected through https://www.regulations.gov or email. 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 email comment directly to EPA, without
going through https://www.regulations.gov, we will include your email
address 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 not include special characters or any
form of encryption, and be free of any defects or viruses.
Docket: All documents for this proposed action are listed in the
index for docket number EPA-R09-OAR-2014-0586 on https://www.regulations.gov. Although listed in the index, some information is
not publicly available, such as CBI or other information that is
restricted by statute. Certain other material, such as copyrighted
material, is publicly available only in hard copy form. Publicly
available docket materials are available electronically at https://www.regulations.gov or in hard copy during normal business hours at the
Planning Office of the Air Division, AIR-2, EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105. To view hard copies of documents
listed in the docket index, EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Thomas Webb, U.S. EPA, Region 9,
Planning Office, Air Division, AIR-2, 75 Hawthorne Street, San
Francisco, CA 94105. Thomas Webb may be reached at telephone number
(415) 947-4139 and via electronic mail at webb.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview of Proposed Action
II. Background on Regional Haze
III. Background on Regional Haze Plans
IV. Requirements for Regional Haze Progress Reports
[[Page 58303]]
V. EPA's Evaluation of California's Progress Report
A. Status of Control Strategies
B. Emission Reductions and Progress
C. Visibility Progress
D. Assessment of Changes Impeding Visibility Progress
E. Assessment of Current Strategy
F. Review of Visibility Monitoring Strategy
G. Determination of Adequacy
H. Consultation with Federal Land Managers
VI. EPA's Proposed Action
VII. Statutory and Executive Order Reviews
I. Overview of Proposed Action
EPA is proposing to approve CARB's determination that the existing
California RH SIP is adequate to achieve the established RPGs for Class
I areas by 2018, and therefore requires no substantive revision at this
time. The State's determination and EPA's proposed approval are based
on the California Regional Haze Plan 2014 Progress Report (``Progress
Report'' or ``Report'') submitted by CARB to EPA on June 16, 2014, that
addresses 40 CFR 51.308(g) and (h) of the RHR. The Progress Report
demonstrates that the emission control measures in the existing RH SIP
are sufficient to enable California, as well as other states with Class
I areas affected by emissions from sources in California, to meet all
established RPGs for 2018. We are also proposing to find that CARB
fulfilled the requirements in 51.308(i)(2), (3), and (4) to provide
Federal Land Managers (FLMs) with an opportunity to consult on the RH
SIP revision, describe how CARB addressed the FLMs' comments, and
provide procedures for continuing the consultation.
II. Background on Regional Haze
Regional haze is visibility impairment produced by many sources and
activities located across a broad geographic area that emit fine
particles that impair visibility by scattering and absorbing light,
thereby reducing the clarity, color, and visible distance that one can
see. These fine particles also can cause serious health effects and
mortality in humans and contribute to environmental impacts, such as
acid deposition and eutrophication of water bodies.
The RHR uses the deciview as the principle metric for measuring
visibility and for the RPGs that serve as interim visibility goals
toward meeting the national visibility goal of reaching natural
conditions by 2064. A deciview expresses uniform changes in haziness in
terms of common increments across the entire range of visibility
conditions, from pristine to extremely hazy conditions. Deciviews are
determined by using air quality measurement to estimate light
extinction, and then transforming the value of light extinction using a
logarithmic function. Deciview is a more useful measure for tracking
progress in improving visibility than light extinction 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.
III. Background on Regional Haze Plans
In section 169A(a)(1) of the CAA Amendments of 1977, Congress
created a program to protect visibility in designated national parks
and wilderness areas, establishing as a national goal the ``prevention
of any future, and the remedying of any existing, impairment of
visibility in mandatory Class I Federal areas which impairment results
from manmade air pollution.'' In accordance with section 169A of the
CAA and after consulting with the Department of Interior, EPA
promulgated a list of 156 mandatory Class I Federal areas where
visibility is identified as an important value (44 FR 69122, November
30, 1979). In this notice, we refer to mandatory Class I Federal areas
as ``Class I areas.'' California has 29 Class I areas, the most of any
state.
With the CAA Amendments of 1990, Congress added section 169B to
address regional haze issues. EPA promulgated a rule to address
regional haze on July 1, 1999, known as the Regional Haze Rule (64 FR
35713). The RHR revised the existing visibility regulations in 40 CFR
51.308 to integrate provisions addressing regional haze impairment and
to establish a comprehensive visibility protection program for Class I
areas.
CARB submitted its initial RH SIP to EPA on March 17, 2009, in
accordance with the requirements of 40 CFR 51.308 for the first
regional haze planning period ending in 2018. EPA approved the
California RH SIP for the first planning period on June 14, 2011 (76 FR
34608). The Progress Report from CARB is the first evaluation of
whether the existing California RH SIP is sufficient to enable
California, and other states affected by emissions from sources in
California, to meet the established visibility goals for 2018.
IV. Requirements for Regional Haze Progress Reports
The RHR in 40 CFR 51.308(g) requires states to submit a report
every five years in the form of a SIP revision to evaluate progress
toward achieving the RPGs for each Class I area in the state and for
those areas outside the state that may be affected by emissions from
within the state. The first progress reports are due five years from
the submittal date of each state's initial RH SIP. These reports must
contain an evaluation of seven elements, at a minimum, and include a
determination of the adequacy of the state's existing RH SIP. In
summary,\1\ the seven elements are: (1) A description of the status of
implementation of all measures included in the current RH SIP for
achieving the RPGs in Class I areas within and outside the State; (2) a
summary of the emission reductions achieved in the State through
implementation of these measures; (3) an assessment of visibility
conditions and changes on the most impaired and least impaired days for
each Class I area in the State in terms of 5-year averages of the
annual values; (4) an analysis of changes in emissions over the past 5
years contributing to visibility impairment from all sources and
activities within the State based on the most recently updated
emissions inventory; (5) an assessment of any significant changes in
anthropogenic emissions within or outside the State over the past 5
years that have limited or impeded progress in reducing pollutant
emissions and improving visibility; (6) an assessment of whether the
elements and strategies in the current RH SIP are sufficient to enable
the State, or other states affected by its emissions, to achieve the
established RPGs; and (7) a review of the State's visibility monitoring
strategy and any necessary modifications.
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\1\ Please refer to 40 CFR 51.308(g) for the exact Rule
requirements.
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Based on an evaluation of the factors listed above as well as any
other relevant information, a state is required in 40 CFR 51.308(h) to
determine the adequacy of its existing RH SIP. The state must take one
of four possible actions based on the analysis in its progress report.
In summary,\2\ these actions are to (1) provide a negative declaration
to EPA that no further substantive revisions to the State's existing RH
SIP is needed to achieve the RPGs; (2) provide notification to EPA and
to other states in its region that its RH SIP is or may be inadequate
to ensure reasonable progress due to emissions from sources in other
states, and collaborate with other states to develop additional
strategies to address the deficiencies; (3) provide notification and
available information to EPA that the State's RH SIP is or may be
inadequate to ensure reasonable
[[Page 58304]]
progress due to emissions from sources in another country; or (4)
revise its RH SIP within one year to address the deficiencies if the
State determines that its existing plan 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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\2\ Please refer to 40 CFR 51.308(h) for the exact Rule
requirements.
---------------------------------------------------------------------------
A state must document that it provided FLMs with an opportunity for
consultation prior to holding a public hearing on a RH SIP or plan
revision as required in 40 CFR 51.308(i)(2). In addition, a state must
include a description of how it addressed any comments from the FLMs,
and provide procedures for continuing consultation with the FLMs as
required in 40 CFR 51.308(i)(3) and (4).
V. EPA's Evaluation of California's Progress Report
This section describes California's Progress Report and EPA's
evaluation of the Report in relation to the seven elements listed in 40
CFR 51.308(g) and the determination of adequacy in 40 CFR 51.308(h). We
also review the requirement in 40 CFR 51.308(i)(2) for state and FLM
coordination on a plan revision. However, to facilitate a better
understanding of the Report's contents, we first provide background
information on the framework for measuring visibility progress, the
causes of haze in California, and the sources of data used in the
Report.
Framework for Measuring Progress: Visibility conditions at
California's 29 Class I areas are calculated in deciviews using data
collected from 17 Interagency Monitoring of Protected Visual
Environments (IMPROVE) monitors. These deciview values are then
compared to the State's RPGs (i.e., visibility goals) for 2018 in each
Class I area. The RPGs are based on the annual average of the projected
deciview level for the 20 percent best days and the 20 percent worst
days measured at each Class I area. The RPGs in 2018 for the worst
days, the key indicator of progress, are the result of atmospheric
modeling based on projected emission reductions from control strategies
in the California RH SIP as well as emission reductions expected to
result from other Federal, state and local air quality programs among
other factors. The RPGs must provide for an improvement in visibility
on the 20 percent worst days and ensure no degradation on the 20
percent best days, compared to average visibility conditions during the
baseline period from 2000 to 2004.
Causes of Haze: The three primary drivers of haze on the worst days
in California are nitrates mostly from mobile sources, sulfates mostly
from offshore and international sources, and organic carbon (OC) mostly
from natural sources. Accordingly, California's control strategies
target reducing the precursors of these pollutants: nitrogen oxide
(NOX) for nitrates, sulfur oxide (SOX) for
sulfates, and reactive organic gases (ROG) \3\ for organic carbon,
along with fine particulate matter (PM2.5) that is directly
emitted. For more information regarding the causes of haze in
California and other background information, please refer to the
California RH SIP and EPA's evaluation of that SIP, both of which are
available in the docket for this rulemaking.\4\
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\3\ CARB defines ROG emissions as reactive organic gases that
are a precursor to organic carbon aerosols. ROG means any compound
of carbon, which is how EPA defines volatile organic compounds
(VOC). However, the lists of compounds of carbon that are excluded
from the respective lists of ROGs and VOCs differ to some extent.
\4\ California RH SIP Section 4.7: Regional Analysis of Source
Categories, Proposed rule at 76 FR 13944 (March 15, 2011), and Final
rule at 76 FR 34608 (June 14, 2011).
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Data Sources for the Progress Report: CARB's analysis is primarily
based on IMPROVE monitoring data for the five-year period from 2007 to
2011 (i.e., current conditions) compared to monitoring data from 2000
to 2004 (i.e., baseline conditions). For each of these time periods,
the RHR requires the use of a five-year average of annual average
deciview values to represent the baseline and current conditions. CARB
also relied on the ``Western Regional Air Partnership (WRAP) Regional
Summary Report,'' dated June 2013, that focuses on the five years (2005
to 2009) following the baseline period. While the most recent IMPROVE
data for 2012 was not available in time for the Progress Report's
analysis, a summary of the 2012 monitoring data is appended to the
Report, and is referenced to support the analysis of current
conditions.
A. Status of Control Strategies
1. CARB's Analysis
The California RH SIP relies on the continued implementation of
adopted Federal, state and local control measures, which were developed
primarily to meet the National Ambient Air Quality Standards (NAAQS),
to address the anthropogenic sources of haze in California. In its
Progress Report, CARB confirms that mobile sources are the primary
contributor of NOX, while also contributing SOX,
OC, and PM2.5 to haze at Class I areas. Although many
aspects of mobile sources are regulated by Federal laws, the Progress
Report notes that California has some of the most aggressive and
innovative State and local regulations for mobile sources in the
country. The Progress Report lists strategies adopted and implemented
by the State that target emission reductions from light-duty passenger
vehicles, heavy-duty diesel trucks, and off-road equipment, which are
some of the largest sources of NOX emissions. Actual
measures include fuel and engine standards, pollution control
technology, goods movement and transportation rules, and consumer
product requirements. In addition, local air districts implement
stationary source and other control programs including New Source
Review and Prevention of Significant Deterioration permits that also
reduce or prevent emissions that might contribute to haze.
The Progress Report includes a list of two dozen new control
strategies that were not in the emission inventory used to project the
deciview level for the RPGs in 2018. Due to nonattainment of NAAQS,
CARB and local districts are regularly adopting or revising rules and
creating new incentives to reduce emissions. These new control measures
should further reduce emissions beyond those projected from the control
strategies in the California RH SIP.
The Progress Report also includes an update on the State's single
stationary source, the Valero Refinery in Benicia, California, that was
required to install and operate Best Available Retrofit Technology
(BART) controls. The new control equipment includes low-NOX
burners and selective catalytic reduction to reduce NOX, and
scrubbers to remove SO2 and PM10 (large
particulate matter). These controls, installed and in operation at the
Valero Refinery since February 2011, two years before the deadline for
compliance, are already reducing emissions. The deciview and light
extinction data from 2011 (20.2 dv) and 2012 (20.1) for Point Reyes
National Seashore, the most affected Class I area by emissions from
this source, are already showing a reduction in nitrates and sulfates
compared to 2010 (22 dv).
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the requirement
in 40 CFR 51.308(g)(1) to describe the status of all measures included
in the California RH SIP. CARB generally describes the types of
measures in its RH SIP, and includes new control strategies that should
contribute to further improvement in visibility. The report identifies
NOX emissions from mobile sources as the primary source of
anthropogenic emissions causing or contributing to haze, and focuses on
related control measures. The report
[[Page 58305]]
also includes the status of BART controls at the Valero Refinery, the
only identified source in California subject to BART. In response to a
comment from FLMs requesting additional information regarding Federal
and state regulations that were accounted for in California's RPGs,
CARB noted that its RH SIP submitted in 2009 included a discussion of
the regulations used to establish the RPGs for 2018.\5\ The RH SIP is
included in the docket for this action. A listing of state and local
California air district rules within the federally enforceable SIP, is
available at: https://www.epa.gov/region9/air/sips/.
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\5\ Progress Report Appendix E: Comments of Federal Land
Management Agencies with CARB Responses.
---------------------------------------------------------------------------
B. Emission Reductions and Progress
1. CARB's Analysis
CARB provides a recently updated California Statewide Emission
Inventory from 2000 to 2020 at five-year intervals that demonstrates
steadily decreasing emissions of regional haze precursors (i.e.,
NOX, ROG, SOX, and PM2.5) from about
75 categories of sources.\6\ NOX emissions are expected to
decrease from about 1.4 million tons per year (tpy) in 2000 to 567,000
tpy in 2020. ROG emissions are expected to decrease from about 1
million tpy in 2000 to 570,000 tpy in 2020. SOX emissions
are expected decrease from about 106,000 tpy in 2000 to 30,000 tpy in
2020. PM2.5 emissions are expected to decrease from about
241,000 tpy in 2000 to 151,000 tpy in 2020.
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\6\ Id. Appendix B: Emission Inventory 2013 Almanac.
---------------------------------------------------------------------------
Statewide emissions also are summarized by pollutant for each of
the three major categories of sources: Stationary, area, and mobile.\7\
Of particular interest are NOX emissions from mobile
sources, which are expected to decrease from about 1.1 million tpy in
2000 to 995,000 tpy in 2005; 706,000 tpy in 2010; 557,000 tpy in 2015;
and 434,000 tpy in 2020. The statewide emissions inventory and summary
are accompanied by a graph of statewide inventory trends that shows
decreasing emissions for all four visibility-impairing pollutants from
2000 to 2020. Mobile source emissions of NOX, ROG,
SOX, and PM2.5, listed above in tpy, are
projected to decline by about 60, 65, 85, and 50 percent, respectively,
from 2000 to 2020.\8\ Stationary and area sources for these four
pollutants are also projected to decline over this 20-year period.
Overall statewide emissions of NOX, ROG, SOX, and
PM2.5 for stationary, area, and mobile sources are expected
to decline by almost 40 percent from 2000 to 2020.
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\7\ Id. California Statewide Inventory Summary, Table 2, page 9.
\8\ Id. California Statewide Inventory Trends, Figure 3, page
10.
---------------------------------------------------------------------------
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the
requirements in 40 CFR 51.308(g)(2) to provide a summary of the
emission reductions achieved through implementation of the control
measures relied upon to achieve the RPGs. The trend analysis for the
largest category of emissions, NOX from mobile sources,
indicates that these emissions are expected to decline from 1,131,500
tons per year in 2000 to 433,620 tons per year by 2020, a reduction of
almost 62 percent. As reported by CARB, statewide emissions of ROG,
SOX, and PM2.5 are also declining over this 20-
year time period.
We also propose to find that CARB adequately addresses the
requirement in 40 CFR 51.308(g)(4) to analyze the change in emissions
over the past five years of pollutants contributing to visibility
impairment from all sources and activities within the state, using the
most recently updated emissions inventory. The California Statewide
Emission Inventory is recently updated and includes inventories for
2005 and 2010 that represent the past five years.
C. Visibility Progress
1. CARB's Analysis
CARB addresses progress on the 20 percent best days and 20 percent
worst days by comparing current conditions (five-year average from 2007
to 2011) to baseline conditions (five-year average from 2000 to 2004),
and current conditions on worst days to the RPGs in 2018. A summary of
progress on best and worst days is shown in Tables 1 and 2 that are
adapted from the Progress Report.\9\ As shown in the tables, CARB
divides the 17 monitors and 29 Class I areas into four regional zones
for its analysis: Northern California, Sierra California, Coastal
California, and Southern California.
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\9\ Id. Statewide 2018 Reasonable Progress Goal Summary, Table
3, page 12, and Revised Table 3.
Table 1--Summary of Progress on Best Days
[In deciviews]
----------------------------------------------------------------------------------------------------------------
Baseline best Current best
IMPROVE Monitor Class I Areas days (2000- days (2007- Visibility
04) 11) change
----------------------------------------------------------------------------------------------------------------
Northern California
----------------------------------------------------------------------------------------------------------------
TRIN.................................. Marble Mountain WA...... 3.4 3.0 0.4
Yolla Bolly-Middle Eel
WA.
LABE.................................. Lava Beds NM............ 3.2 2.9 0.3
South Warner WA.........
LAVO.................................. Lassen Volcanic NP...... 2.7 2.3 0.4
Caribou WA..............
Thousand Lakes WA.......
----------------------------------------------------------------------------------------------------------------
Sierra California
----------------------------------------------------------------------------------------------------------------
BLIS.................................. Desolation WA........... 2.5 2.1 0.4
Mokelumne WA............
HOOV.................................. Hoover WA............... 1.4 1.3 0.1
YOSE.................................. Yosemite NP............. 3.4 2.5 0.9
Emigrant WA.............
KAIS.................................. Ansel Adams WA.......... 2.3 1.5 0.8
Kaiser WA...............
John Muir WA............
[[Page 58306]]
SEQU.................................. Sequoia NP.............. 8.8 7.6 1.2
Kings Canyon NP.........
DOME.................................. Dome Lands WA........... 5.1 4.9 0.2
----------------------------------------------------------------------------------------------------------------
Coastal California
----------------------------------------------------------------------------------------------------------------
REDW.................................. Redwood NP.............. 6.1 5.8 0.3
PORE.................................. Point Reyes NS.......... 10.5 8.6 1.9
PINN.................................. Pinnacles WA............ 8.9 7.8 1.1
Ventana WA..............
RAFA.................................. San Rafael WA........... 6.4 5.2 1.2
----------------------------------------------------------------------------------------------------------------
Southern California
----------------------------------------------------------------------------------------------------------------
SAGA.................................. San Gabriel WA.......... 4.8 4.5 0.3
Cucamonga WA............
SAGO.................................. San Gorgonio WA......... 5.4 4.0 1.4
San Jacinto WA..........
AGTI.................................. Agua Tibia WA........... 9.6 7.1 2.5
JOSH.................................. Joshua Tree NP.......... 6.1 4.8 1.3
----------------------------------------------------------------------------------------------------------------
WA = Wilderness Area NM = National Monument NP = National Park NS = National Seashore
Table 2--Summary of Progress on Worst Days
[In deciviews]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline worst Current worst Current
IMPROVE Monitor Class I Areas days (2000- days (2007- Visibility RPG (2018) progress to
04) 11) change RPG
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern California
--------------------------------------------------------------------------------------------------------------------------------------------------------
TRIN...................................... Marble Mountain WA.......... 17.4 15.2 2.1 16.4 210%
Y.B.-Middle Eel WA..........
LABE...................................... Lava Beds NM................ 15.1 13.0 2.1 14.4 300%
South Warner WA.............
LAVO...................................... Lassen Volcanic NP.......... 14.1 15.6 -1.5 13.3 -188%
Caribou WA..................
Thousand Lakes WA...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sierra California
--------------------------------------------------------------------------------------------------------------------------------------------------------
BLIS...................................... Desolation WA............... 12.6 13.0 -0.4 12.3 -133%
Mokelumne WA................
HOOV...................................... Hoover WA................... 12.9 11.5 1.4 12.5 350%
YOSE...................................... Yosemite NP................. 17.6 16.0 1.6 16.7 178%
Emigrant WA.................
KAIS...................................... Ansel Adams WA.............. 15.5 14.9 0.6 14.9 100%
Kaiser WA...................
John Muir WA................
SEQU...................................... Sequoia NP.................. 25.4 22.3 3.1 22.7 115%
Kings Canyon NP.............
DOME...................................... Dome Lands WA............... 19.4 18.3 1.1 18.1 85%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal California
--------------------------------------------------------------------------------------------------------------------------------------------------------
REDW...................................... Redwood NP.................. 18.5 18.5 0 17.8 0%
PORE...................................... Point Reyes NS.............. 22.8 21.6 1.2 21.3 80%
PINN...................................... Pinnacles WA................ 18.5 17.5 1.0 16.7 56%
Ventana WA..................
RAFA...................................... San Rafael WA............... 18.8 18.0 0.8 17.3 53%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southern California
--------------------------------------------------------------------------------------------------------------------------------------------------------
SAGA...................................... San Gabriel WA.............. 19.9 18.0 * 1.9 17.4 76% *
Cucamonga WA................
SAGO...................................... San Gorgonio WA............. 22.2 18.7 3.5 19.9 152%
San Jacinto WA..............
AGTI...................................... Agua Tibia WA............... 23.5 19.8 3.7 21.6 195%
[[Page 58307]]
JOSH...................................... Joshua Tree NP.............. 19.6 16.1 3.5 17.9 206%
--------------------------------------------------------------------------------------------------------------------------------------------------------
WA = Wilderness Area NM = National Monument NP = National Park NS = National Seashore
* This data is from 2005 to 2008 due to fire damage to the monitor in 2009.
Current visibility conditions have improved on the 20 percent best
days at all California's Class I areas as indicated in the last column
of Table 1 that shows positive visibility change compared to the best
days baseline for all 17 monitors.\10\ On the 20 percent worst days,
the current conditions already meet the RPGs for 2018 at nine of the 17
monitors as shown in Table 2. At five monitors, current conditions on
worst days range from 53 to 85 percent of the improvement in visibility
needed to meet the respective RPGs. At the remaining three monitors,
current conditions on worst days indicate that six Class I areas are
not making progress in achieving the RPGs.
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\10\ See Revised Table 3, Technical Correction for Current Best
Days (2007-2011), August 6, 2014.
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The Progress Report explains that the limited progress in improving
visibility at six Class I areas, all located in northern California, is
due to smoke from wildfires as documented in Appendix D of the Progress
Report.\11\ The six Class I areas and the associated monitors are
Lassen Volcanic National Park, Caribou Wilderness Area, and Thousand
Lakes Wilderness Area (LAVO); Desolation Wilderness Area and Mokelumne
Wilderness Area (BLIS); and Redwood National Park (REDW). CARB explains
that wildfire smoke has caused unusually high deciviews on the worst
days at the LAVO monitor in 2008 and 2009, at the BLIS monitor in 2007
and 2008, and at the REDW monitor in 2008. CARB provides technical
analyses of how wildfire smoke can elevate the deciview value on a
sufficient number of the 20 percent worst days to increase the annual
average deciview as well as skew the five-year average deciview at a
given monitor. CARB also notes that offshore emissions from ocean
vessels may contribute to sulfate formation that impairs visibility at
some remote monitors near the coast where there are no other major
sources of sulfates.\12\ This may be the case for Pinnacles Wilderness
Area and Ventana Wilderness Area (PINN), and Redwood National Park
(REDW), where visibility improvement during the current five-year
period is slower than elsewhere, although these three Class I areas are
affected by wildfire smoke in some years as well.
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\11\ Id. Appendix D: Technical Analyses of Factors Impeding
Progress.
\12\ Id. Page 11.
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CARB also includes a Statewide 2018 Reasonable Progress Goal
Summary using 2012 Data \13\ that represents the five-year average for
current conditions from 2008 to 2012. This updated table shows that on
the worst days only three Class I areas represented by one monitor
(LAVO) have worse visibility during current conditions (15.6 dv)
compared to the baseline (14.1 dv). Of the remaining 16 monitors, 14
already exceed and two (REDW and PINN) are expected to meet the RPGs in
2018 for the worst days based on trends reflected by the updated
current conditions. On the best days, the average current conditions
from 2008 to 2012 meet or exceed the RPGs at all 17 monitors.
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\13\ Id, Appendix C: Deciview Record (2000-2012), Table C-3.
---------------------------------------------------------------------------
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the requirement
in 40 CFR 51.308(g)(3) to assess the visibility conditions and changes
in each of the State's Class I areas for the least and most impaired
days in terms of the five-year averages of the annual values. CARB
describes progress at each of the Class I areas on the best and worst
days using data from the IMPROVE monitors to analyze changes in
visibility conditions for current conditions (2007 to 2011), current
conditions compared to baseline conditions, and over the past five
years, which is essentially equivalent to the baseline comparison.
D. Assessment of Changes Impeding Visibility Progress
1. CARB's Analysis
The Progress Report includes an assessment of changes in natural
and anthropogenic emissions that impede visibility progress based on a
review of emission inventories, monitoring data, and other sources of
information.\14\ CARB identifies three factors, largely beyond the
State's control, that interfere with progress toward improved
visibility on worst days at some of its Class I areas. These factors
are wildfire smoke from natural sources, offshore shipping emissions
from anthropogenic sources largely outside California's jurisdiction,
and Asian dust from natural and anthropogenic sources outside of
California's jurisdiction. Each of these types of emissions can cause a
spike in pollutants at a sampling monitor that could be included in the
20 percent worst days. Wildfire smoke results in elevated levels of
organic carbon. Offshore shipping results in elevated levels of
sulfates at monitors near the coast during the summer. Asian dust
combined with industrial pollution in the form of coarse mass and fine
soils are transported in the jet stream over the Pacific Ocean,
especially during the spring.
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\14\ Id. Section 4, pages 13-17.
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CARB provides documentation and analysis supporting the fact that
wildfires are occurring more frequently in California over the past
decade.\15\ Wildfire smoke can cause increases in organic carbon
concentrations at monitors for several consecutive days or weeks. In
some cases, the effect of wildfires is high enough to increase the
deciview value of the annual as well as five-year averages on the 20
percent worst days. The Progress Report includes the example of a large
number of wildfires in northern California known as the ``2008
Lightning Strike Complex'' that occurred in June through August 2008.
These fires had an overwhelming impact on visibility progress at many
monitors throughout California and the West.\16\ CARB includes in the
Report a satellite photo of smoke plumes on July 9, 2008, that
indicates the location of the three monitors (REDW, BLIS, and LAVO)
where visibility progress was lagging during the current conditions
time period (2007 to 2011).\17\ Moreover, with
[[Page 58308]]
80 percent of the State considered wildland \18\ and smoke drifting
long distances, all of California's Class I areas are susceptible to
wildfires.
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\15\ Id. Wildfire Acreage Burned in California, 1950-2010,
Figure 4, page 14.
\16\ Id, The 2008 ``Lightning Strike Complex,'' Figure 5, page
15.
\17\ Id, NASA Satellite Photo: July 9, 2008, Figure 6, page 16.
\18\ Id, Wildfire Frequency and Intensity, Figure 7, page 17.
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2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the requirement
in 40 CFR 51.308(g)(5) to assess any significant changes in
anthropogenic emissions within or outside the State over the past five
years that have limited or impeded progress in reducing emissions and
improving visibility. While CARB's analysis primarily focuses on
wildfires, it also discusses the effects of emissions from offshore
shipping and Asian dust.
E. Assessment of Current Strategy
1. CARB's Analysis
The Progress Report asserts that California's current control
strategy is on track to meet the RPGs for 2018 at all 29 Class I areas
throughout the State. CARB cites the IMPROVE data for 2011 in which
each of the Class I areas is already below the 2018 visibility goal.
Moreover, the State continues to strengthen existing control measures,
adopt new control measures, and develop plans with even newer measures
to meet upcoming NAAQS as well as other new Federal and State air
quality requirements.
The Progress Report indicates that the current strategy also is
sufficient to lessen the impact of California's emissions on
neighboring states. In the California RH SIP, CARB determined that the
State's emissions contributed about three percent or less of nitrate on
the worst days at Jarbidge Wilderness Area in Nevada; Kalmiopsis
Wilderness Area and Crater Lake National Park in Oregon; and Sycamore
Canyon Wilderness Area and Grand Canyon National Park in Arizona. With
California NOX emissions projected to decrease by about 60
percent from 2000 to 2020, these small contributions will be further
reduced.
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the requirement
in 40 CFR 51.308(g)(6) to assess whether the current elements and
strategies in the RH SIP are sufficient to enable California, or other
states affected by California's emissions, to meet all established
RPGs. As described above, monitoring data indicates current visibility
conditions already meet or exceed the RPGs for the 20 percent best days
at all of the State's Class I areas. In addition, 26 of the State's 29
Class I areas have already achieved the 2018 RPGs for the worst days or
are on track to meet those RPGs by 2018. The lack of progress at the
three remaining areas on the worst 20 percent days is largely due to
wildfires. Significant emission reductions within California are also
expected to benefit Class I areas outside the State that are affected
by California's emissions. CARB provides sufficient evidence to
demonstrate that its current strategy is adequate to enable all
affected Class I areas to meet the RPGs for 2018.
F. Review of Visibility Monitoring Strategy
1. CARB's Analysis
California will continue to rely on the IMPROVE network to collect
and analyze the visibility data, and has no need to make any changes.
CARB reports that the Station Fire in August 2009 destroyed the SAGA
monitor that represents San Gabriel Wilderness Area and Cucamonga
Wilderness Area. For this reason, the current conditions on the worst
days for the SAGA monitor are based on 2005 to 2008, instead of 2007 to
2011. However, the monitoring site was reestablished in October 2011.
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the requirement
in 40 CFR 51.308(g)(7) to review its visibility monitoring strategy and
make any modifications as necessary. We agree that there is no need to
modify California's monitoring network for measuring visibility at this
time.
G. Determination of Adequacy
1. CARB's Determination
CARB has determined that no substantive revision of the RH SIP is
warranted at this time in order to achieve the RPGs for visibility
improvement by 2018. Visibility trends for the worst days show
improvement at every monitor except for the three monitors (LAVO, BLIS,
and REDW) influenced by years with wildfires. Further, current
visibility conditions on best days (2007 to 2011) at all monitors are
better than the baseline period. Based on reductions in anthropogenic
sources of emissions in California and the concurrent improvement in
visibility at all of California's Class I area monitors, CARB
determines that the current RH SIP strategies are sufficient to enable
California and its neighboring states to meet their RPGs for 2018.
2. EPA's Evaluation
EPA proposes to find that CARB adequately addresses the
requirements in 40 CFR 51.308(h) by determining that the existing
California RH SIP requires no substantive revisions at this time to
achieve the established RPGs at Class I areas affected by the State's
sources. EPA concurs with the State's determination based on the
analysis and documentation presented in the Progress Report. The Report
provides evidence of declining emissions from anthropogenic sources
within the State's control and improving visibility on worst days at
all the monitors except when influenced by wildfires. Visibility on
best days is also improving at all monitors, which are already meeting
the RPGs for the best days.
H. Consultation With Federal Land Managers
1. CARB's Consultation
CARB conducted timely outreach in January 2014 to the FLMs
including the U.S. National Park Service (NPS) and the U.S. Forest
Service (USFS), which manage the national parks and wildlife areas in
California. The NPS responded in a letter dated March 27, 2014, that
agreed with CARB's conclusion that emission reductions are sufficient
to meet the RPGs for 2018, and offered suggestions to strengthen the
Report. The USFS responded in a letter dated April 8, 2014, that CARB
has demonstrated it is on a technically sound path for improving
visibility in Class I areas. CARB's responses to the comments from NPS
and USFS are included in Appendix E of the Report.
CARB has submitted to EPA a Public Notice and Hearing Transcript
along with a certified copy of Air Resources Board Resolution 14-15
dated May 22, 2014, the date of the public hearing at which the Board
approved the Progress Report. Resolution 14-15 certifies that CARB
provided a copy of the draft Progress Report to the FLMs on January 28,
2014, and on March 11, 2014, held a conference call to discuss the
draft Report. In the response to comments, CARB commits to continuing
policy discussions through the regular Air and Land Mangers meetings
held between the State and FLMs.
2. EPA's Evaluation
EPA proposes to find that CARB has addressed the requirements in 40
CFR 51.308(i)(2), (3), and (4) to provide FLMs with an opportunity for
consultation in person and at least 60 days prior to a public hearing
on the SIP revision; include a description in the SIP revision of how
it addressed any
[[Page 58309]]
comments from the FLMs; and provide procedures for continuing
consultation between the State and FLMs.
VI. EPA's Proposed Action
EPA is proposing to approve the California Regional Haze Plan 2014
Progress Report submitted to EPA on June 16, 2014, as meeting the
applicable RHR requirements as set forth in 40 CFR 51.308(g), (h), and
(i).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations.\19\ Thus, in reviewing SIP submissions, EPA's role
is to approve state decisions, provided that they meet the criteria of
the CAA. Accordingly, this proposed action is to approve state law as
meeting Federal requirements, and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
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\19\ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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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 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. 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, Organic
carbon, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Visibility, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-23101 Filed 9-26-14; 8:45 am]
BILLING CODE 6560-50-P