Air Plan Approval; Florida; Regional Haze Progress Report, 32702-32707 [2016-12113]
Download as PDF
32702
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
TABLE TO § 165.151—Continued
• Location: Waters of Long Island Sound off the Creek Golf Course,
Lattingtown, NY in approximate position 40°54′13″ N., 073°35′58″ W.
(NAD 83).
9.4
Bridgeport Bluefish September Fireworks .......................................
•
•
•
•
Date: A day in September determined annually.
Rain Date: A day in September determined annually.
Time (Approximate): 9:00 p.m. to 10:00 p.m.
Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position
41°10′35″ N., 073°10′58″ W. (NAD 83).
11
November
11.1
Christmas Boat Parade Fireworks .................................................
• Date: A day during the third or fourth weekend in November.
• Time (Approximate): 5:30 p.m. to 6:30 p.m.
• Location: Waters of Patchogue Bay off ‘‘Lombardi’s on the Bay’’ restaurant Patchogue, NY in approximate positions:
• Barge 1: 41°45′25.78″ N., 073°01′06.5″ W. (NAD 83).
• Barge 2: 41°45′12.88″ N., 073°01′04.2″ W. (NAD 83).
• Barge 3: 41°44′58.18″ N., 073°01′2.66″ W. (NAD 83).
11.2
Connetquot River Fall Fireworks ...................................................
• Date: A day during the last weekend of November.
• Time (Approximate): 7:00 p.m. to 7:30 p.m.
• Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N.,
073°09′02.64″ W. (NAD 83).
Dated: April 19, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2016–12001 Filed 5–23–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0361; FRL–9946–81–
Region 4]
Air Plan Approval; Florida; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Florida through the Florida Department
of Environmental Protection (FDEP) on
March 10, 2015. Florida’s March 10,
2015, SIP revision (Progress Report)
addresses requirements of the Clean Air
Act (CAA or Act) and EPA’s rules that
require states to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of a state’s existing SIP
addressing regional haze (regional haze
plan). EPA is proposing to approve
Florida’s Progress Report on the basis
that it addresses the progress report and
mstockstill on DSK3G9T082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
adequacy determination requirements
for the first implementation period for
regional haze.
DATES: Comments must be received on
or before June 23, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0361 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by phone at
(404) 562–9043 and via electronic mail
at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,1 each
state is required to submit a progress
report in the form of a SIP revision
every five years that evaluates progress
towards the RPGs for each mandatory
Class I Federal area (also referred to as
Class I area in this rulemaking) within
the state and for each mandatory Class
I Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
Each state is also required to submit, at
the same time as the progress report, a
determination of the adequacy of the
state’s existing regional haze plan. See
40 CFR 51.308(h). The first progress
report is due five years after submittal
of the initial regional haze plan. On
March 19, 2010, FDEP submitted the
State’s first regional haze plan in
accordance with 40 CFR 51.308(b).2
On March 10, 2015, FDEP submitted
its regional haze progress report,
reporting progress made in the first
implementation period towards RPGs
for Class I areas in the State and for
Class I areas outside the State that are
1 40
CFR part 51, subpart P.
August 29, 2013, EPA fully approved
Florida’s regional haze plan (as amended on August
31, 2010, and September 17, 2012). See 78 FR
53250.
2 On
E:\FR\FM\24MYP1.SGM
24MYP1
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
affected by emissions from sources
within Florida. This submittal also
includes a negative declaration pursuant
to 40 CFR 51.308(h)(1) that the State’s
regional haze plan requires no
substantive revision to achieve the
established regional haze visibility
improvement goals for 2018. EPA is
proposing to approve Florida’s progress
report on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
51.308(h).
II. What are the requirements for the
regional haze progress report and
adequacy determinations?
mstockstill on DSK3G9T082PROD with PROPOSALS
A. Regional Haze Progress Report
Under 40 CFR 51.308(g), states must
submit a regional haze progress report
as a SIP revision every five years and
must address, at a minimum, the seven
elements found in 40 CFR 51.308(g). As
described in further detail in section III
below, 40 CFR 51.308(g) requires: (1) A
description of the status of measures in
the approved regional haze plan; (2) a
summary of emissions reductions
achieved; (3) an assessment of visibility
conditions for each Class I area in the
state; (4) an analysis of changes in
emissions from sources and activities
within the state; (5) an assessment of
any significant changes in
anthropogenic emissions within or
outside the state that have limited or
impeded progress in Class I areas
impacted by the state’s sources; (6) an
assessment of the sufficiency of the
approved regional haze plan; and (7) a
review of the state’s visibility
monitoring strategy.
B. Adequacy Determinations of the
Current Regional Haze Plan
Under 40 CFR 51.308(h), states are
required to submit, at the same time as
the progress report, a determination of
the adequacy of their existing regional
haze plan and to take one of four
possible actions based on information in
the progress report. As described in
further detail in section III below, 40
CFR 51.308(h) requires states to: (1)
Submit a negative declaration to EPA
that no further substantive revision to
the state’s existing regional haze plan is
needed; (2) provide notification to EPA
(and to other state(s) that participated in
the regional planning process) if the
state determines that its existing
regional haze plan is or may be
inadequate to ensure reasonable
progress at one or more Class I areas due
to emissions from sources in other
state(s) that participated in the regional
planning process, and collaborate with
these other state(s) to develop additional
strategies to address deficiencies; (3)
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
provide notification with supporting
information to EPA if the state
determines that its existing regional
haze plan is or may be inadequate to
ensure reasonable progress at one or
more Class I areas due to emissions from
sources in another country; or (4) revise
its regional haze plan to address
deficiencies within one year if the state
determines that its existing regional
haze 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.
III. What is EPA’s analysis of Florida’s
regional haze progress report and
adequacy determination?
On March 10, 2015, FDEP submitted
a revision to Florida’s regional haze
plan to address progress made towards
the RPGs for Class I areas in the State
and for Class I areas outside the State
that are affected by emissions from
sources within Florida. This submittal
also includes a determination of the
adequacy of the State’s existing regional
haze plan. Florida has three mandatory
Class I areas within its borders:
Everglades National Park,
Chassahowitzka Wilderness Area, and
St. Marks Wilderness Area. In Florida’s
regional haze plan, the State also
determined that emissions sources
located in Florida may have significant
sulfate visibility impacts on the
following Class I areas in neighboring
states: Okefenokee Wilderness Area and
Wolf Island Wilderness Area in Georgia,
and Breton Wilderness Area in
Louisiana.
A. Regional Haze Progress Report
The following sections summarize: (1)
Each of the seven elements that must be
addressed by a progress report under 40
CFR 51.308(g); (2) how Florida’s
Progress Report addressed each element;
and (3) EPA’s analysis and proposed
determination as to whether the State
satisfied each element.
1. Status of Control Measures
40 CFR 51.308(g)(1) requires a
description of the status of
implementation of all measures
included in the regional haze plan for
achieving RPGs for Class I areas both
within and outside the state.
The State evaluated the status of all
measures included in its regional haze
plan in accordance with 40 CFR
51.308(g)(1). Specifically, in its Progress
Report, Florida summarizes the status of
the emissions reduction measures that
were included in the final iteration of
the Visibility Improvement State and
Tribal Association of the Southeast
(VISTAS) regional haze emissions
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
32703
inventory and RPG modeling used by
the State in developing its regional haze
plan. These measures include, among
other things, applicable federal
programs (e.g., mobile source rules,
Maximum Achievable Control
Technology (MACT) standards), federal
and state consent agreements, and
federal and state control strategies for
electric generating units (EGUs). The
State also addresses the status of Best
Available Retrofit Technology (BART)
and reasonable progress controls
included in the regional haze plan and
discusses the status of several measures
that were not included in the final
VISTAS emissions inventory and were
not relied upon in the initial regional
haze plan to meet RPGs. The State notes
that the emissions reductions from these
recent measures will help ensure Class
I areas impacted by Florida sources
achieve their RPGs. In aggregate, as
noted in sections III.A.2 and III.A.6 of
this notice, the emissions reductions
from the identified measures are
expected to exceed the emissions
projections in Florida’s regional haze
plan.
In its regional haze plan, Florida
identified sulfur dioxide (SO2)
emissions from coal-fired EGUs as a key
contributor to regional haze in the
VISTAS region, with the EGU sector as
a major contributor to visibility
impairment at all Class I areas in the
VISTAS region. The State’s Progress
Report provides additional information
on EGU control strategies and the status
of existing and future expected controls
for EGUs in Florida, with updated
actual SO2 emissions data for the years
2007–2013.
EPA proposes to find that Florida’s
analysis adequately addresses 40 CFR
51.308(g)(1). The State documents the
implementation status of measures from
its regional haze plan in addition to
describing additional measures not
originally accounted for in the final
VISTAS emissions inventory that came
into effect since the VISTAS analyses
for the regional haze plan were
completed.
2. Emissions Reductions and Progress
40 CFR 51.308(g)(2) requires a
summary of the emissions reductions
achieved in the state through
implementing measures described in 40
CFR 51.308(g)(1).
In its Progress Report, Florida
evaluated the emissions reductions
associated with the implementation of
many measures identified in its regional
haze plan, including the emissions
reductions associated with sources
subject to BART or reasonable progress
control determinations. As described
E:\FR\FM\24MYP1.SGM
24MYP1
32704
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
below, Florida included nitrogen oxides
(NOX) and SO2 emissions data for EGUs
in Florida from 2002–2013 and annual
SO2 emissions data from point sources
in the State from 2000–2013. In its
regional haze plan, Florida states that
ammonium sulfate is the largest
contributor to visibility impairment in
Class I areas throughout the
southeastern United States during the
baseline period from 2000–2004.
Emissions sensitivity modeling
performed by VISTAS determined that
the most effective ways to reduce
ammonium sulfate were to reduce SO2
emissions from coal-fired EGUs and,
with an important but smaller impact, to
reduce SO2 emissions from non-utility
industrial point sources. SO2 reductions
from point sources were therefore
identified as the focus of Florida’s longterm strategy for visibility improvement.
In its Progress Report, Florida examined
pollutants affecting visibility in Class I
areas in Florida to ascertain whether it
is still appropriate to focus on SO2
emissions to improve visibility in Class
I areas impacted by sources in Florida.
Using updated data for the 2006–2010
time period, the State concludes that
ammonium sulfate continues to be the
largest contributor to visibility
impairment in these areas.
The data from EPA’s Clean Air
Markets Division included in the
Progress Report for Acid Rain Program
units from 2002–2013 show that SO2
emissions from EGUs in Florida and in
the VISTAS region have declined during
this time period even though heat input
to these units remains fairly steady. See
Figure 4–2 in Florida’s submittal.
Between 2002 and 2013, heat input to
these units decreased from
approximately 1,597,000,000 (million
British Thermal Units) MMBtu to
1,548,000,000 MMBtu, a decrease of
three percent. SO2 emissions from these
units decreased from 466,904 tons
annually in 2002 to 88,004 tons
annually in 2013, a decrease of 81.2
percent, and the average SO2 emission
rate from these units decreased from
0.603 pounds per MMBtu (lbs/MMBtu)
in 2002 to 0.114 lbs/MMBtu in 2013, a
decrease of 81.1 percent. Over the same
time period, NOX emissions from these
units decreased from 258,378 tons in
2002 to 54,398 tons in 2013, a decrease
of 78.9 percent. Florida states that the
SO2 and NOX emissions reductions are
due to the installation of controls and
the use of cleaner burning fuels. Florida
also identifies the shut-down of eight
BART sources and three reasonable
progress sources.
Florida’s Progress Report also
includes SO2 and NOX emissions and
heat input trends for Acid Rain Program
units in the VISTAS region. See Figure
4–3 in Florida’s submittal. Between
2002 and 2011, heat input to these units
decreased from 7,645,295,464 MMBtu to
7,336,055,333 MMBtu, a decrease of
four percent. SO2 emissions from these
units decreased from 3,713,262 tons
annually in 2002 to 1,166,572 tons
annually in 2011, a decrease of 69.9
percent, and the average SO2 emission
rate from these units decreased from
0.971 lbs/MMBtu in 2002 to 0.318 lbs/
MMBtu in 2011, a decrease of 67.3
percent. Over the same time period,
NOX emissions decreased from
1,498,143 tons in 2002 to 464,129 tons
in 2011, a decrease of 69 percent.
Between 2009 and 2011, the total
VISTAS states’ heat input for Acid Rain
Program units increased from
6,966,765,915 MMBtu to 7,336,055,333
MMBtu. However, emissions from these
units declined from 1,619,348 tons of
SO2 in 2009 to 1,166,572 tons of SO2 in
2011, and the emission rates of SO2
decreased from 0.465 lbs/MMBtu to
0.318 lbs/MMBtu.
Florida believes that the reductions in
SO2 and NOX described above are a
result of many factors, including
permanent changes at EGUs through the
use of control technology and fuel
switching. In Florida and the VISTAS
region, Florida concluded that these
emissions reductions have been
achieved even though heat input to
these units remains fairly steady. Thus,
the State believes that the visibility
improvements from the reductions in
SO2 and NOX should continue into the
future even though demand for power
and heat input to these units may have
moderate increases.
EPA proposes to conclude that
Florida has adequately addressed 40
CFR 51.308(g)(2). As discussed above,
the State provides emissions reduction
estimates, and where available, actual
emissions reductions of visibilityimpairing pollutants resulting from the
measures relied upon in its regional
haze plan. The State appropriately
focused on SO2 emissions from EGUs in
its Progress Report because the State
had previously identified these
emissions as the most significant
contributors to visibility impairment at
Florida’s Class I areas and those Class I
areas that Florida sources impact.
3. Visibility Progress
40 CFR 51.308(g)(3) requires that
states with Class I areas provide the
following information for the most
impaired and least impaired days for
each area, with values expressed in
terms of five-year averages of these
annual values: 3
(i) Current visibility conditions;
(ii) the difference between current
visibility conditions and baseline
visibility conditions; and
(iii) the change in visibility
impairment over the past five years.
The State provides figures with the
latest supporting data available at the
time of plan development that address
the three requirements of 40 CFR
51.308(g)(3) for Class I areas in Florida.
Table 1, below, shows the current
visibility conditions and the difference
between current visibility conditions
and baseline visibility conditions.
Florida reported current conditions as
the 2009–2013 five-year period and
used the 2000–2004 baseline period for
its Class I areas.4
TABLE 1—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN FLORIDA
Baseline
average
(2000–2004)
mstockstill on DSK3G9T082PROD with PROPOSALS
Class I area
20% Worst Days:
Chassahowitzka ....................................................................................................................
Everglades ............................................................................................................................
St. Marks ..............................................................................................................................
20% Best Days:
3 The ‘‘most impaired days’’ and ‘‘least impaired
days’’ in the Regional Haze Rule refers to the
average visibility impairment (measured in
deciviews) for the twenty percent of monitored days
in a calendar year with the highest and lowest
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
25.75
22.30
26.31
amount of visibility impairment, respectively,
averaged over a five-year period. 40 CFR 51.301.
4 For the first regional haze plan, ‘‘baseline’’
conditions were represented by the 2000–2004 time
period. See 64 FR 35730 (July 1, 1999).
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
E:\FR\FM\24MYP1.SGM
24MYP1
Current
average
(2009–2013)
21.33
18.14
22.22
Change
(current–
baseline)
¥4.42
¥4.16
¥4.09
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
32705
TABLE 1—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN FLORIDA—Continued
Baseline
average
(2000–2004)
Class I area
Chassahowitzka ....................................................................................................................
Everglades ............................................................................................................................
St. Marks ..............................................................................................................................
The data summarized above shows
that all Class I areas in the State saw an
improvement in visibility (i.e., reduced
impairment) on the 20 percent worst
days and on the 20 percent best days.
For the 20 percent worst days, the
current observed five-year average
values for all three areas are below the
2013 glide path values and the
corresponding 2018 RPG. See Table 3–
1 in Florida’s submittal. For the 20
percent best days, the current observed
five-year average values for all three
areas are below baseline visibility
conditions. Florida’s submittal also
includes the change in visibility
impairment for the 20 percent worst and
20 percent best days from the 2001–
2005 time period through the 2009–
2013 time period in five-year average
increments. See Table 3–2 of Florida’s
submittal. The data also shows that all
three Class I areas saw an improvement
in visibility on the 20 percent worst
days and on the 20 percent best days.
EPA proposes to conclude that
Florida has adequately addressed 40
CFR 51.308(g)(3) because the State
provides the information regarding
visibility conditions and visibility
changes necessary to meet the
requirements of the regulation. The
Progress Report includes current
conditions based on the Interagency
Monitoring of Protected Visual
Environments (IMPROVE) monitoring
data for the years 2009–2013, the
difference between current visibility
conditions and baseline visibility
conditions, and the change in visibility
impairment over the most recent fiveyear period for which data were
available at the time of Progress Report
development (i.e., 2009–2013).
mstockstill on DSK3G9T082PROD with PROPOSALS
4. Emission Tracking
40 CFR 51.308(g)(4) requires an
analysis tracking emissions changes of
visibility-impairing pollutants from the
state’s sources by type or category over
the past five years based on the most
recent updated emissions inventory.
In its Progress Report, Florida
includes an analysis tracking the change
over a five-year period in emissions of
pollutants contributing to visibility
impairment from the following source
categories: point, area, non-road mobile,
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
and on-road mobile. The State evaluated
emissions trends in SO2, NOX, and fine
particulate matter (PM2.5) with a focus
on SO2 because, as noted above, Florida
concludes that ammonium sulfate
continues to be the largest contributor to
visibility impairment in Class I areas in
Florida.
In its evaluation of NOX, PM2.5, and
SO2 emissions trends, Florida used the
2002 actual and 2009 and 2018
projected inventories from its regional
haze plan as well as the Southeastern
Modeling, Analysis, and Planning
Project (SEMAP) 2007 actual emissions
inventory, the 2011 National Emissions
Inventory (NEI) actual emissions
inventory, and the State’s Annual
Operation Report point source data
collected each year. See Tables 4–1
through 4–3 in Florida’s submittal. For
NOX emissions, there were large
decreases in point and area emissions
and some increases in on-road mobile
emissions in 2007. The State asserts that
the decreases in point source NOX were
due to emissions controls that were
installed and that the decrease in area
source NOX is primarily due to the
removal of coal and wood combustion
boilers from the area source inventory to
avoid double counting with the point
source category. Florida also believes
that the increase in on-road mobile NOX
is due to the use of the MOVES2010a
model, rather than MOBILE6.2, for the
2007 inventory. If a consistent on-road
model had been used for 2002, 2007,
and 2009, the SEMAP 2007 NOX
emissions would have been lower than
the VISTAS 2002 actual and VISTAS
2009 projected emissions. However,
NOX emissions have continued to
decline between 2002 and 2011 by over
370,000 tons. Regarding PM2.5, the 2007
SEMAP and 2011 NEI PM2.5 emissions
are different from the VISTAS emissions
due to methodology changes to reflect
up-to-date emission calculations. For
example, Florida believes that the
increase in on-road mobile PM2.5 is due
to the switch in model used. Regardless,
overall PM2.5 emissions have decreased
slightly between 2002 and 2011.
Regarding SO2, the inventory analysis
shows that overall emissions have
decreased significantly from 2002 to
2011, with point source reductions
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
15.51
11.69
14.37
Current
average
(2009–2013)
13.74
11.21
13.33
Change
(current–
baseline)
¥1.77
¥0.48
¥1.04
dominating. Florida’s Progress Report
also evaluates the trend from 2000
through 2013 in SO2 point source
emissions, demonstrating a decrease of
over 480,000 tons during this time
period. See Figure 4–1 in Florida’s
submittal.
Also, as discussed in section III.A.2.
of this notice, the Progress Report
documents reductions in NOX and SO2
emissions that occurred between 2002–
2013 at EGUs in Florida. The State
believes that these reductions are a
result of permanent changes at EGUs in
the State through the use of control
technology, fuel switching, and the
shut-down of eight BART sources and
three reasonable progress sources.
EPA proposes to conclude that
Florida has adequately addressed 40
CFR 51.308(g)(4). Florida tracked
changes in emissions of visibilityimpairing pollutants from 2002–2011
for all source categories and analyzed
trends in SO2 and NOX emissions from
EGUs in the State from 2002–2013, the
most current quality-assured data
available for these units at the time of
progress report development. While
ideally the five-year period to be
analyzed for emissions inventory
changes is the time period since the
current regional haze plan was
submitted, there is an inevitable time
lag in developing and reporting
complete emissions inventories once
quality-assured emissions data becomes
available. Therefore, EPA believes that
there is some flexibility in the five-year
time period that states can select.
5. Assessment of Changes Impeding
Visibility Progress
40 CFR 51.308(g)(5) requires an
assessment of any significant changes in
anthropogenic emissions within or
outside the state that have occurred over
the past five years that have limited or
impeded progress in reducing pollutant
emissions and improving visibility in
Class I areas impacted by the state’s
sources.
The Progress Report demonstrates that
there are no significant changes in
emissions of SO2, PM, or NOX that have
impeded progress in reducing emissions
and improving visibility in Class I areas
impacted by Florida sources. As
E:\FR\FM\24MYP1.SGM
24MYP1
32706
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
mstockstill on DSK3G9T082PROD with PROPOSALS
discussed above, Florida documents
that sulfates continue to be the biggest
single contributor to regional haze in
Class I areas in the State and focused its
analysis on addressing large SO2
emissions from point sources. In
addressing the requirements of 40 CFR
51.308(g)(5), Florida references its
analysis showing that SO2 emissions
from stationary point sources have
decreased significantly from 2002 to
2013 and are well below the projections
for these sources made in Florida’s
regional haze plan. Regarding EGUs, the
State documented significant decreases
in SO2 emissions despite the fact that
power generation has remained fairly
constant during the same period.
Furthermore, the Progress Report shows
that the State is on track to meeting its
2018 RPGs for Class I areas in Florida.
For these reasons, EPA proposed to
conclude that Florida’s Progress Report
has adequately addressed 40 CFR
51.308(g)(5).
6. Assessment of Current Strategy
40 CFR 51.308(g)(6) requires an
assessment of whether the current
regional haze plan is sufficient to enable
the state, or other states, to meet the
RPGs for Class I areas affected by
emissions from the state.
In its Progress Report, Florida states
its belief that the elements and strategies
outlined in its regional haze plan are
sufficient for Class I areas impacted by
emissions sources in Florida to meet
their RPGs. To support this conclusion,
Florida notes the following: Speciated
data collected for the period 2006–2010
shows that sulfates continue to be the
most significant contributor to visibility
impairment, supporting SO2 reduction
as the appropriate control strategy; the
SO2 controls in the State’s regional haze
plan have been implemented; a 71
percent reduction in the overall SO2
emissions inventory from 2002 through
2011 verifies that Florida’s SO2
reduction program is achieving the
reductions that were projected in the
regional haze plan; current visibility
impairment values for the 20 percent
worst days are lower than the 2018
RPGs and lower than the 2013 glide
path values for the Class I areas in
Florida; current visibility impairment
values for the 20 percent best days are
below baseline visibility conditions for
all Class I areas in Florida; and visibility
data through 2010 show that the 2010
five-year average visibility impairment
on the 20 percent worst days in the
three Class I areas outside of the State
impacted by emissions sources in
Florida is at or below the glide path.
EPA proposes to conclude that
Florida has adequately addressed 40
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
CFR 51.308(g)(6). EPA views this
requirement as a qualitative assessment
that should evaluate emissions and
visibility trends and other readily
available information, including
expected emissions reductions
associated with measures with
compliance dates that have not yet
become effective. The State referenced
the improving visibility trends and the
downward emissions trends in the
State, with a focus on SO2 emissions
from Florida EGUs. These trends
support the State’s determination that
the State’s regional haze plan is
sufficient to meet RPGs for Class I areas
within and outside the State impacted
by Florida sources.
7. Review of Current Monitoring
Strategy
40 CFR 51.308(g)(7) requires a review
of the state’s visibility monitoring
strategy and an assessment of whether
any modifications to the monitoring
strategy are necessary.
In its Progress Report, Florida
summarizes the existing visibility
monitoring network in Class I areas in
Florida and notes that the Interagency
Monitoring of Protected Visual
Environments (IMPROVE) monitoring
network is the primary monitoring
network for regional haze. There is
currently one IMPROVE site in each
Florida Class I area (SAMA1, CHAS1,
and EVER1) operated by the responsible
Federal Land Manager. Florida intends
to continue to rely on the IMPROVE
network for complying with regional
haze monitoring requirements and on
the Visibility Information and Exchange
Web System (VIEWS) to access
IMPROVE data and data analysis tools.
Florida concludes that the existing
network is adequate and that no
modifications to the State’s visibility
monitoring strategy are necessary at this
time.
EPA proposes to conclude that
Florida has adequately addressed the
sufficiency of its monitoring strategy as
required by 40 CFR 51.308(g)(7). The
State reaffirmed its continued reliance
upon the IMPROVE monitoring
network, explained the importance of
the IMPROVE monitoring network for
tracking visibility trends in Class I areas
in Florida, and determined that no
changes to its visibility monitoring
strategy are necessary.
B. Determination of Adequacy of
Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are
required to take one of four possible
actions based on the information
gathered and conclusions made in the
progress report. The following section
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
summarizes: (1) The action taken by
Florida under 40 CFR 51.308(h); (2)
Florida’s rationale for the selected
action; and (3) EPA’s analysis and
proposed determination regarding the
State’s action.
In its Progress Report, Florida took the
action provided for by 40 CFR
51.308(h)(1), which allows a state to
submit a negative declaration to EPA if
the state determines that the existing
regional haze plan requires no further
substantive revision at this time to
achieve the RPGs for Class I areas
affected by the state’s sources. The
State’s negative declaration is based on
its findings in the Progress Report. EPA
proposes to conclude that Florida has
adequately addressed 40 CFR 51.308(h)
because the visibility trends at the Class
I areas impacted by the State’s sources
and the emissions trends of the State’s
largest emitters of visibility-impairing
pollutants indicate that the RPGs for
Class I areas impacted by sources in
Florida will be met or exceeded.
IV. What action is EPA proposing to
take?
EPA is proposing to approve Florida’s
Regional Haze Progress Report, SIP
revision, submitted by the State on
March 10, 2015, as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.308(g) and
51.308(h).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.);
E:\FR\FM\24MYP1.SGM
24MYP1
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Proposed Rules
• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 12, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
mstockstill on DSK3G9T082PROD with PROPOSALS
[FR Doc. 2016–12113 Filed 5–23–16; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:13 May 23, 2016
Jkt 238001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0751; FRL–9946–83–
Region 4]
Air Plan Approval/Disapproval;
Mississippi Infrastructure
Requirements for the 2010 Nitrogen
Dioxide National Ambient Air Quality
Standards
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
in part, and disapprove in part, portions
of the State Implementation Plan (SIP)
submission, submitted by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ) on February 28, 2013, to
demonstrate that the State meets the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. MDEQ certified
that the Mississippi SIP contains
provisions that ensure the 2010 NO2
NAAQS are implemented, enforced, and
maintained in Mississippi. With the
exception of the state board majority
requirements respecting significant
portion of income, for which EPA is
proposing to disapprove, EPA is
proposing to determine that portions of
Mississippi’s infrastructure submission,
submitted to EPA on February 28, 2013,
satisfies certain required infrastructure
elements for the 2010 1-hour NO2
NAAQS.
SUMMARY:
Written comments must be
received on or before June 23, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2014–0751 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
DATES:
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
32707
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
Table of Contents
I. Background
II. What elements are required under
Sections 110(a)(1) and (2)?
III. What is EPA’s approach to the review of
infrastructure SIP submissions?
IV. What is EPA’s analysis of how
Mississippi addressed the elements of
Sections 110(a)(1) and (2)
‘‘infrastructure’’ provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On February 9, 2010, EPA
promulgated a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year
average of the 98th percentile of the
yearly distribution of 1-hour daily
maximum concentrations. See 75 FR
6474. Pursuant to section 110(a)(1) of
the CAA, states are required to submit
SIPs meeting the requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2010 NO2
NAAQS to EPA no later than January
22, 2013.1
1 In these infrastructure SIP submissions States
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federally-
E:\FR\FM\24MYP1.SGM
Continued
24MYP1
Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Proposed Rules]
[Pages 32702-32707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12113]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0361; FRL-9946-81-Region 4]
Air Plan Approval; Florida; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Florida through the Florida Department of Environmental
Protection (FDEP) on March 10, 2015. Florida's March 10, 2015, SIP
revision (Progress Report) addresses requirements of the Clean Air Act
(CAA or Act) and EPA's rules that require states to submit periodic
reports describing progress towards reasonable progress goals (RPGs)
established for regional haze and a determination of the adequacy of a
state's existing SIP addressing regional haze (regional haze plan). EPA
is proposing to approve Florida's Progress Report on the basis that it
addresses the progress report and adequacy determination requirements
for the first implementation period for regional haze.
DATES: Comments must be received on or before June 23, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0361 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 and
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Regional Haze Rule,\1\ each state is required to submit a
progress report in the form of a SIP revision every five years that
evaluates progress towards the RPGs for each mandatory Class I Federal
area (also referred to as Class I area in this rulemaking) within the
state and for each mandatory Class I Federal area outside the state
which may be affected by emissions from within the state. See 40 CFR
51.308(g). Each state is also required to submit, at the same time as
the progress report, a determination of the adequacy of the state's
existing regional haze plan. See 40 CFR 51.308(h). The first progress
report is due five years after submittal of the initial regional haze
plan. On March 19, 2010, FDEP submitted the State's first regional haze
plan in accordance with 40 CFR 51.308(b).\2\
---------------------------------------------------------------------------
\1\ 40 CFR part 51, subpart P.
\2\ On August 29, 2013, EPA fully approved Florida's regional
haze plan (as amended on August 31, 2010, and September 17, 2012).
See 78 FR 53250.
---------------------------------------------------------------------------
On March 10, 2015, FDEP submitted its regional haze progress
report, reporting progress made in the first implementation period
towards RPGs for Class I areas in the State and for Class I areas
outside the State that are
[[Page 32703]]
affected by emissions from sources within Florida. This submittal also
includes a negative declaration pursuant to 40 CFR 51.308(h)(1) that
the State's regional haze plan requires no substantive revision to
achieve the established regional haze visibility improvement goals for
2018. EPA is proposing to approve Florida's progress report on the
basis that it satisfies the requirements of 40 CFR 51.308(g) and
51.308(h).
II. What are the requirements for the regional haze progress report and
adequacy determinations?
A. Regional Haze Progress Report
Under 40 CFR 51.308(g), states must submit a regional haze progress
report as a SIP revision every five years and must address, at a
minimum, the seven elements found in 40 CFR 51.308(g). As described in
further detail in section III below, 40 CFR 51.308(g) requires: (1) A
description of the status of measures in the approved regional haze
plan; (2) a summary of emissions reductions achieved; (3) an assessment
of visibility conditions for each Class I area in the state; (4) an
analysis of changes in emissions from sources and activities within the
state; (5) an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; (6) an
assessment of the sufficiency of the approved regional haze plan; and
(7) a review of the state's visibility monitoring strategy.
B. Adequacy Determinations of the Current Regional Haze Plan
Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report, a determination of the adequacy of their
existing regional haze plan and to take one of four possible actions
based on information in the progress report. As described in further
detail in section III below, 40 CFR 51.308(h) requires states to: (1)
Submit a negative declaration to EPA that no further substantive
revision to the state's existing regional haze plan is needed; (2)
provide notification to EPA (and to other state(s) that participated in
the regional planning process) if the state determines that its
existing regional haze plan is or may be inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in other state(s) that participated in the regional planning
process, and collaborate with these other state(s) to develop
additional strategies to address deficiencies; (3) provide notification
with supporting information to EPA if the state determines that its
existing regional haze plan is or may be inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in another country; or (4) revise its regional haze plan to
address deficiencies within one year if the state determines that its
existing regional haze 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.
III. What is EPA's analysis of Florida's regional haze progress report
and adequacy determination?
On March 10, 2015, FDEP submitted a revision to Florida's regional
haze plan to address progress made towards the RPGs for Class I areas
in the State and for Class I areas outside the State that are affected
by emissions from sources within Florida. This submittal also includes
a determination of the adequacy of the State's existing regional haze
plan. Florida has three mandatory Class I areas within its borders:
Everglades National Park, Chassahowitzka Wilderness Area, and St. Marks
Wilderness Area. In Florida's regional haze plan, the State also
determined that emissions sources located in Florida may have
significant sulfate visibility impacts on the following Class I areas
in neighboring states: Okefenokee Wilderness Area and Wolf Island
Wilderness Area in Georgia, and Breton Wilderness Area in Louisiana.
A. Regional Haze Progress Report
The following sections summarize: (1) Each of the seven elements
that must be addressed by a progress report under 40 CFR 51.308(g); (2)
how Florida's Progress Report addressed each element; and (3) EPA's
analysis and proposed determination as to whether the State satisfied
each element.
1. Status of Control Measures
40 CFR 51.308(g)(1) requires a description of the status of
implementation of all measures included in the regional haze plan for
achieving RPGs for Class I areas both within and outside the state.
The State evaluated the status of all measures included in its
regional haze plan in accordance with 40 CFR 51.308(g)(1).
Specifically, in its Progress Report, Florida summarizes the status of
the emissions reduction measures that were included in the final
iteration of the Visibility Improvement State and Tribal Association of
the Southeast (VISTAS) regional haze emissions inventory and RPG
modeling used by the State in developing its regional haze plan. These
measures include, among other things, applicable federal programs
(e.g., mobile source rules, Maximum Achievable Control Technology
(MACT) standards), federal and state consent agreements, and federal
and state control strategies for electric generating units (EGUs). The
State also addresses the status of Best Available Retrofit Technology
(BART) and reasonable progress controls included in the regional haze
plan and discusses the status of several measures that were not
included in the final VISTAS emissions inventory and were not relied
upon in the initial regional haze plan to meet RPGs. The State notes
that the emissions reductions from these recent measures will help
ensure Class I areas impacted by Florida sources achieve their RPGs. In
aggregate, as noted in sections III.A.2 and III.A.6 of this notice, the
emissions reductions from the identified measures are expected to
exceed the emissions projections in Florida's regional haze plan.
In its regional haze plan, Florida identified sulfur dioxide
(SO2) emissions from coal-fired EGUs as a key contributor to
regional haze in the VISTAS region, with the EGU sector as a major
contributor to visibility impairment at all Class I areas in the VISTAS
region. The State's Progress Report provides additional information on
EGU control strategies and the status of existing and future expected
controls for EGUs in Florida, with updated actual SO2
emissions data for the years 2007-2013.
EPA proposes to find that Florida's analysis adequately addresses
40 CFR 51.308(g)(1). The State documents the implementation status of
measures from its regional haze plan in addition to describing
additional measures not originally accounted for in the final VISTAS
emissions inventory that came into effect since the VISTAS analyses for
the regional haze plan were completed.
2. Emissions Reductions and Progress
40 CFR 51.308(g)(2) requires a summary of the emissions reductions
achieved in the state through implementing measures described in 40 CFR
51.308(g)(1).
In its Progress Report, Florida evaluated the emissions reductions
associated with the implementation of many measures identified in its
regional haze plan, including the emissions reductions associated with
sources subject to BART or reasonable progress control determinations.
As described
[[Page 32704]]
below, Florida included nitrogen oxides (NOX) and
SO2 emissions data for EGUs in Florida from 2002-2013 and
annual SO2 emissions data from point sources in the State
from 2000-2013. In its regional haze plan, Florida states that ammonium
sulfate is the largest contributor to visibility impairment in Class I
areas throughout the southeastern United States during the baseline
period from 2000-2004. Emissions sensitivity modeling performed by
VISTAS determined that the most effective ways to reduce ammonium
sulfate were to reduce SO2 emissions from coal-fired EGUs
and, with an important but smaller impact, to reduce SO2
emissions from non-utility industrial point sources. SO2
reductions from point sources were therefore identified as the focus of
Florida's long-term strategy for visibility improvement. In its
Progress Report, Florida examined pollutants affecting visibility in
Class I areas in Florida to ascertain whether it is still appropriate
to focus on SO2 emissions to improve visibility in Class I
areas impacted by sources in Florida. Using updated data for the 2006-
2010 time period, the State concludes that ammonium sulfate continues
to be the largest contributor to visibility impairment in these areas.
The data from EPA's Clean Air Markets Division included in the
Progress Report for Acid Rain Program units from 2002-2013 show that
SO2 emissions from EGUs in Florida and in the VISTAS region
have declined during this time period even though heat input to these
units remains fairly steady. See Figure 4-2 in Florida's submittal.
Between 2002 and 2013, heat input to these units decreased from
approximately 1,597,000,000 (million British Thermal Units) MMBtu to
1,548,000,000 MMBtu, a decrease of three percent. SO2
emissions from these units decreased from 466,904 tons annually in 2002
to 88,004 tons annually in 2013, a decrease of 81.2 percent, and the
average SO2 emission rate from these units decreased from
0.603 pounds per MMBtu (lbs/MMBtu) in 2002 to 0.114 lbs/MMBtu in 2013,
a decrease of 81.1 percent. Over the same time period, NOX
emissions from these units decreased from 258,378 tons in 2002 to
54,398 tons in 2013, a decrease of 78.9 percent. Florida states that
the SO2 and NOX emissions reductions are due to
the installation of controls and the use of cleaner burning fuels.
Florida also identifies the shut-down of eight BART sources and three
reasonable progress sources.
Florida's Progress Report also includes SO2 and
NOX emissions and heat input trends for Acid Rain Program
units in the VISTAS region. See Figure 4-3 in Florida's submittal.
Between 2002 and 2011, heat input to these units decreased from
7,645,295,464 MMBtu to 7,336,055,333 MMBtu, a decrease of four percent.
SO2 emissions from these units decreased from 3,713,262 tons
annually in 2002 to 1,166,572 tons annually in 2011, a decrease of 69.9
percent, and the average SO2 emission rate from these units
decreased from 0.971 lbs/MMBtu in 2002 to 0.318 lbs/MMBtu in 2011, a
decrease of 67.3 percent. Over the same time period, NOX
emissions decreased from 1,498,143 tons in 2002 to 464,129 tons in
2011, a decrease of 69 percent.
Between 2009 and 2011, the total VISTAS states' heat input for Acid
Rain Program units increased from 6,966,765,915 MMBtu to 7,336,055,333
MMBtu. However, emissions from these units declined from 1,619,348 tons
of SO2 in 2009 to 1,166,572 tons of SO2 in 2011,
and the emission rates of SO2 decreased from 0.465 lbs/MMBtu
to 0.318 lbs/MMBtu.
Florida believes that the reductions in SO2 and
NOX described above are a result of many factors, including
permanent changes at EGUs through the use of control technology and
fuel switching. In Florida and the VISTAS region, Florida concluded
that these emissions reductions have been achieved even though heat
input to these units remains fairly steady. Thus, the State believes
that the visibility improvements from the reductions in SO2
and NOX should continue into the future even though demand
for power and heat input to these units may have moderate increases.
EPA proposes to conclude that Florida has adequately addressed 40
CFR 51.308(g)(2). As discussed above, the State provides emissions
reduction estimates, and where available, actual emissions reductions
of visibility-impairing pollutants resulting from the measures relied
upon in its regional haze plan. The State appropriately focused on
SO2 emissions from EGUs in its Progress Report because the
State had previously identified these emissions as the most significant
contributors to visibility impairment at Florida's Class I areas and
those Class I areas that Florida sources impact.
3. Visibility Progress
40 CFR 51.308(g)(3) requires that states with Class I areas provide
the following information for the most impaired and least impaired days
for each area, with values expressed in terms of five-year averages of
these annual values: \3\
---------------------------------------------------------------------------
\3\ The ``most impaired days'' and ``least impaired days'' in
the Regional Haze Rule refers to the average visibility impairment
(measured in deciviews) for the twenty percent of monitored days in
a calendar year with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year period. 40 CFR
51.301.
---------------------------------------------------------------------------
(i) Current visibility conditions;
(ii) the difference between current visibility conditions and
baseline visibility conditions; and
(iii) the change in visibility impairment over the past five years.
The State provides figures with the latest supporting data
available at the time of plan development that address the three
requirements of 40 CFR 51.308(g)(3) for Class I areas in Florida. Table
1, below, shows the current visibility conditions and the difference
between current visibility conditions and baseline visibility
conditions. Florida reported current conditions as the 2009-2013 five-
year period and used the 2000-2004 baseline period for its Class I
areas.\4\
---------------------------------------------------------------------------
\4\ For the first regional haze plan, ``baseline'' conditions
were represented by the 2000-2004 time period. See 64 FR 35730 (July
1, 1999).
Table 1--Baseline Visibility, Current Visibility, and Visibility Changes in Class I Areas in Florida
----------------------------------------------------------------------------------------------------------------
Baseline Current Change
Class I area average (2000- average (2009- (current-
2004) 2013) baseline)
----------------------------------------------------------------------------------------------------------------
20% Worst Days:
Chassahowitzka.............................................. 25.75 21.33 -4.42
Everglades.................................................. 22.30 18.14 -4.16
St. Marks................................................... 26.31 22.22 -4.09
20% Best Days:
[[Page 32705]]
Chassahowitzka.............................................. 15.51 13.74 -1.77
Everglades.................................................. 11.69 11.21 -0.48
St. Marks................................................... 14.37 13.33 -1.04
----------------------------------------------------------------------------------------------------------------
The data summarized above shows that all Class I areas in the State
saw an improvement in visibility (i.e., reduced impairment) on the 20
percent worst days and on the 20 percent best days. For the 20 percent
worst days, the current observed five-year average values for all three
areas are below the 2013 glide path values and the corresponding 2018
RPG. See Table 3-1 in Florida's submittal. For the 20 percent best
days, the current observed five-year average values for all three areas
are below baseline visibility conditions. Florida's submittal also
includes the change in visibility impairment for the 20 percent worst
and 20 percent best days from the 2001-2005 time period through the
2009-2013 time period in five-year average increments. See Table 3-2 of
Florida's submittal. The data also shows that all three Class I areas
saw an improvement in visibility on the 20 percent worst days and on
the 20 percent best days.
EPA proposes to conclude that Florida has adequately addressed 40
CFR 51.308(g)(3) because the State provides the information regarding
visibility conditions and visibility changes necessary to meet the
requirements of the regulation. The Progress Report includes current
conditions based on the Interagency Monitoring of Protected Visual
Environments (IMPROVE) monitoring data for the years 2009-2013, the
difference between current visibility conditions and baseline
visibility conditions, and the change in visibility impairment over the
most recent five-year period for which data were available at the time
of Progress Report development (i.e., 2009-2013).
4. Emission Tracking
40 CFR 51.308(g)(4) requires an analysis tracking emissions changes
of visibility-impairing pollutants from the state's sources by type or
category over the past five years based on the most recent updated
emissions inventory.
In its Progress Report, Florida includes an analysis tracking the
change over a five-year period in emissions of pollutants contributing
to visibility impairment from the following source categories: point,
area, non-road mobile, and on-road mobile. The State evaluated
emissions trends in SO2, NOX, and fine
particulate matter (PM2.5) with a focus on SO2
because, as noted above, Florida concludes that ammonium sulfate
continues to be the largest contributor to visibility impairment in
Class I areas in Florida.
In its evaluation of NOX, PM2.5, and
SO2 emissions trends, Florida used the 2002 actual and 2009
and 2018 projected inventories from its regional haze plan as well as
the Southeastern Modeling, Analysis, and Planning Project (SEMAP) 2007
actual emissions inventory, the 2011 National Emissions Inventory (NEI)
actual emissions inventory, and the State's Annual Operation Report
point source data collected each year. See Tables 4-1 through 4-3 in
Florida's submittal. For NOX emissions, there were large
decreases in point and area emissions and some increases in on-road
mobile emissions in 2007. The State asserts that the decreases in point
source NOX were due to emissions controls that were
installed and that the decrease in area source NOX is
primarily due to the removal of coal and wood combustion boilers from
the area source inventory to avoid double counting with the point
source category. Florida also believes that the increase in on-road
mobile NOX is due to the use of the MOVES2010a model, rather
than MOBILE6.2, for the 2007 inventory. If a consistent on-road model
had been used for 2002, 2007, and 2009, the SEMAP 2007 NOX
emissions would have been lower than the VISTAS 2002 actual and VISTAS
2009 projected emissions. However, NOX emissions have
continued to decline between 2002 and 2011 by over 370,000 tons.
Regarding PM2.5, the 2007 SEMAP and 2011 NEI
PM2.5 emissions are different from the VISTAS emissions due
to methodology changes to reflect up-to-date emission calculations. For
example, Florida believes that the increase in on-road mobile
PM2.5 is due to the switch in model used. Regardless,
overall PM2.5 emissions have decreased slightly between 2002
and 2011. Regarding SO2, the inventory analysis shows that
overall emissions have decreased significantly from 2002 to 2011, with
point source reductions dominating. Florida's Progress Report also
evaluates the trend from 2000 through 2013 in SO2 point
source emissions, demonstrating a decrease of over 480,000 tons during
this time period. See Figure 4-1 in Florida's submittal.
Also, as discussed in section III.A.2. of this notice, the Progress
Report documents reductions in NOX and SO2
emissions that occurred between 2002-2013 at EGUs in Florida. The State
believes that these reductions are a result of permanent changes at
EGUs in the State through the use of control technology, fuel
switching, and the shut-down of eight BART sources and three reasonable
progress sources.
EPA proposes to conclude that Florida has adequately addressed 40
CFR 51.308(g)(4). Florida tracked changes in emissions of visibility-
impairing pollutants from 2002-2011 for all source categories and
analyzed trends in SO2 and NOX emissions from
EGUs in the State from 2002-2013, the most current quality-assured data
available for these units at the time of progress report development.
While ideally the five-year period to be analyzed for emissions
inventory changes is the time period since the current regional haze
plan was submitted, there is an inevitable time lag in developing and
reporting complete emissions inventories once quality-assured emissions
data becomes available. Therefore, EPA believes that there is some
flexibility in the five-year time period that states can select.
5. Assessment of Changes Impeding Visibility Progress
40 CFR 51.308(g)(5) requires an assessment of any significant
changes in anthropogenic emissions within or outside the state that
have occurred over the past five years that have limited or impeded
progress in reducing pollutant emissions and improving visibility in
Class I areas impacted by the state's sources.
The Progress Report demonstrates that there are no significant
changes in emissions of SO2, PM, or NOX that have
impeded progress in reducing emissions and improving visibility in
Class I areas impacted by Florida sources. As
[[Page 32706]]
discussed above, Florida documents that sulfates continue to be the
biggest single contributor to regional haze in Class I areas in the
State and focused its analysis on addressing large SO2
emissions from point sources. In addressing the requirements of 40 CFR
51.308(g)(5), Florida references its analysis showing that
SO2 emissions from stationary point sources have decreased
significantly from 2002 to 2013 and are well below the projections for
these sources made in Florida's regional haze plan. Regarding EGUs, the
State documented significant decreases in SO2 emissions
despite the fact that power generation has remained fairly constant
during the same period. Furthermore, the Progress Report shows that the
State is on track to meeting its 2018 RPGs for Class I areas in
Florida. For these reasons, EPA proposed to conclude that Florida's
Progress Report has adequately addressed 40 CFR 51.308(g)(5).
6. Assessment of Current Strategy
40 CFR 51.308(g)(6) requires an assessment of whether the current
regional haze plan is sufficient to enable the state, or other states,
to meet the RPGs for Class I areas affected by emissions from the
state.
In its Progress Report, Florida states its belief that the elements
and strategies outlined in its regional haze plan are sufficient for
Class I areas impacted by emissions sources in Florida to meet their
RPGs. To support this conclusion, Florida notes the following:
Speciated data collected for the period 2006-2010 shows that sulfates
continue to be the most significant contributor to visibility
impairment, supporting SO2 reduction as the appropriate
control strategy; the SO2 controls in the State's regional
haze plan have been implemented; a 71 percent reduction in the overall
SO2 emissions inventory from 2002 through 2011 verifies that
Florida's SO2 reduction program is achieving the reductions
that were projected in the regional haze plan; current visibility
impairment values for the 20 percent worst days are lower than the 2018
RPGs and lower than the 2013 glide path values for the Class I areas in
Florida; current visibility impairment values for the 20 percent best
days are below baseline visibility conditions for all Class I areas in
Florida; and visibility data through 2010 show that the 2010 five-year
average visibility impairment on the 20 percent worst days in the three
Class I areas outside of the State impacted by emissions sources in
Florida is at or below the glide path.
EPA proposes to conclude that Florida has adequately addressed 40
CFR 51.308(g)(6). EPA views this requirement as a qualitative
assessment that should evaluate emissions and visibility trends and
other readily available information, including expected emissions
reductions associated with measures with compliance dates that have not
yet become effective. The State referenced the improving visibility
trends and the downward emissions trends in the State, with a focus on
SO2 emissions from Florida EGUs. These trends support the
State's determination that the State's regional haze plan is sufficient
to meet RPGs for Class I areas within and outside the State impacted by
Florida sources.
7. Review of Current Monitoring Strategy
40 CFR 51.308(g)(7) requires a review of the state's visibility
monitoring strategy and an assessment of whether any modifications to
the monitoring strategy are necessary.
In its Progress Report, Florida summarizes the existing visibility
monitoring network in Class I areas in Florida and notes that the
Interagency Monitoring of Protected Visual Environments (IMPROVE)
monitoring network is the primary monitoring network for regional haze.
There is currently one IMPROVE site in each Florida Class I area
(SAMA1, CHAS1, and EVER1) operated by the responsible Federal Land
Manager. Florida intends to continue to rely on the IMPROVE network for
complying with regional haze monitoring requirements and on the
Visibility Information and Exchange Web System (VIEWS) to access
IMPROVE data and data analysis tools. Florida concludes that the
existing network is adequate and that no modifications to the State's
visibility monitoring strategy are necessary at this time.
EPA proposes to conclude that Florida has adequately addressed the
sufficiency of its monitoring strategy as required by 40 CFR
51.308(g)(7). The State reaffirmed its continued reliance upon the
IMPROVE monitoring network, explained the importance of the IMPROVE
monitoring network for tracking visibility trends in Class I areas in
Florida, and determined that no changes to its visibility monitoring
strategy are necessary.
B. Determination of Adequacy of Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report. The following section summarizes: (1) The
action taken by Florida under 40 CFR 51.308(h); (2) Florida's rationale
for the selected action; and (3) EPA's analysis and proposed
determination regarding the State's action.
In its Progress Report, Florida took the action provided for by 40
CFR 51.308(h)(1), which allows a state to submit a negative declaration
to EPA if the state determines that the existing regional haze plan
requires no further substantive revision at this time to achieve the
RPGs for Class I areas affected by the state's sources. The State's
negative declaration is based on its findings in the Progress Report.
EPA proposes to conclude that Florida has adequately addressed 40 CFR
51.308(h) because the visibility trends at the Class I areas impacted
by the State's sources and the emissions trends of the State's largest
emitters of visibility-impairing pollutants indicate that the RPGs for
Class I areas impacted by sources in Florida will be met or exceeded.
IV. What action is EPA proposing to take?
EPA is proposing to approve Florida's Regional Haze Progress
Report, SIP revision, submitted by the State on March 10, 2015, as
meeting the applicable regional haze requirements set forth in 40 CFR
51.308(g) and 51.308(h).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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.);
[[Page 32707]]
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 12, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-12113 Filed 5-23-16; 8:45 am]
BILLING CODE 6560-50-P