Air Plan Approval; ME; Regional Haze 5-Year Progress Report, 33471-33475 [2017-15266]
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with regulatory reform initiatives and
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Treasury and General Government
Appropriation Act, 2001 (44 U.S.C. 3516
note), or the guidance issued pursuant
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or substantially modified.’’
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the Task Force to ‘‘seek input and other
assistance, as permitted by law, from
entities significantly affected by Federal
regulations, including State, local, and
tribal governments, small businesses,
consumers, non-governmental
organizations, trade associations’’ on
regulations that meet some or all of the
criteria above. Through this notice, the
United States Army, Corps of Engineers
is soliciting such input from the public
to inform evaluation of the United
States Army, Corps of Engineers existing
regulations by the Task Force’s United
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Subgroup. Although the agency will not
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the United States Army, Corps of
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respondents to clarify comments. The
United States Army, Corps of Engineers
values public feedback and will
consider all input that it receives. In
addition to the regulations listed below,
we are open to receiving comments on
other Corps of Engineers regulations as
well.
The Corps regulations subject to this
review are:
• 32 CFR part 644—Real Estate
Handbook
• 33 CFR part 203—Emergency
Employment of Army and Other
Resources, Natural Disaster
Procedures
• 33 CFR part 207—Navigation
Regulations
• 33 CFR part 208—Flood Control
Regulations
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Procedure
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Activities of the Corps of Engineers
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Supplies of Drinking Water
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Dam and Lake Projects
• 33 CFR part 221—Work for Others
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Design
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Commissions, and Committees
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• 33 CFR part 230—Procedures for
Implementing NEPA
• 33 CFR part 236—Water Resource
Policies and Authorities: Corps of
Engineers Participation in
Improvements for Environmental
Quality
• 33 CFR part 238—Water Resources
Policies and Authorities: Flood
Damage Reduction Measures in Urban
Areas
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Policies and Authorities: Federal
Participation in Covered Flood
Control Channels
• 33 CFR part 240—General Credit for
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Ability to Pay Provision
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Management Services Program
Establishment of Fees for Cost
Recovery
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and Other Obstructions
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Authorities Programs
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Control
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Program for Civil Works Projects
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Policies and Authorities: Application
of Section 134a of Public Law 94–587
• 33 CFR part 277—Water Resources
Policies and Authorities: Navigation
Policy: Cost Apportionment of Bridge
Alterations
• 33 CFR part 279—Resource Use:
Establishment of Objectives
• 33 CFR part 320—General Regulatory
Policies
• 33 CFR part 321—Permits for Dams
and Dikes in Navigable Waters of the
United States
• 33 CFR part 322—Permits for
Structures or Work In or Affecting
Navigable Waters of the United States
• 33 CFR part 323—Permits for
Discharges of Dredged or Fill Material
into Waters of the United States
• 33 CFR part 324—Permits for Ocean
Dumping of Dredged Material
• 33 CFR part 325—Processing of
Department of the Army permits
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of the United States
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• 33 CFR part 330—Nationwide Permit
Program
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Appeal Process
• 33 CFR part 332—Compensatory
Mitigation for Losses of Aquatic
Resources
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• 33 CFR part 334—Danger Zone and
Restricted Area Regulations
• 33 CFR part 335—Operation and
Maintenance of Army Corps of
Engineers Civil Works Projects
Involving the Discharge of Dredged or
Fill Material into Waters of the United
States or Ocean Waters
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Considered in the Evaluation of Army
Corps of Engineers Dredging Projects
Involving the Discharge of Dredged
Material into Waters of the United
States and Ocean Waters
• 33 CFR part 337—Practice and
Procedure
• 33 CFR part 338—Other Corps
Activities Involving the Discharge of
Dredged Material or Fill into Waters
of the United States
• 33 CFR part 384—Intergovernmental
Review of Department of the Army
Corps of Engineers Programs and
Activities
• 33 CFR part 385—Programmatic
Regulations for the Comprehensive
Everglades Restoration Plan
• 36 CFR part 312—Prohibition of
Discriminatory Practices in Water
Resources Development Projects
• 36 CFR part 327—Rules and
Regulations Governing Public Use of
Water Resource Development Projects
Administered by the Chief of
Engineers
• 36 CFR part 328—Regulation of
Seaplane Operations at Civil Works
Water Resource Development Projects
Administered by the Chief of
Engineers
• 36 CFR part 330, Regulation of Law
Enforcement Services Contracts at
Civil Works Water Resources Projects
Administered by the Chief of
Engineers
• 36 CFR part 331—Regulations
Governing the Protection, Use, and
Management of the Falls of Ohio
National Wildlife Conservation Area,
Kentucky and Indiana
Dated: July 17, 2017.
Jeffery A. Anderson,
Colonel, U.S. Army, Chief of Staff.
[FR Doc. 2017–15231 Filed 7–19–17; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0110; A–1–FRL–
9965–12Region 1]
Air Plan Approval; ME; Regional Haze
5-Year Progress Report
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Proposed Rules
Proposed rule.
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to approve
Maine’s regional haze progress report,
submitted on February 23, 2016, as a
revision to its State Implementation
Plan (SIP). Maine’s SIP revision
addresses requirements of the Clean Air
Act (CAA) and EPA’s rules that require
states to submit periodic reports
describing progress toward reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the State’s existing regional
haze SIP. Maine’s progress report notes
that Maine has implemented the
measures in the regional haze SIP due
to be in place by the date of the progress
report and that visibility in federal Class
I areas affected by emissions from Maine
is improving and has already met the
applicable RPGs for 2018. EPA is
proposing approval of Maine’s
determination that the State’s regional
haze SIP is adequate to meet these
reasonable progress goals for the first
implementation period covering
through 2018 and requires no
substantive revision at this time.
DATES: Written comments must be
received on or before August 21, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2016–0110 at https://
www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the 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. The 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, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For 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.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
SUMMARY:
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Anne McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square—Suite 100, (Mail
Code OEP05–02), Boston, MA 02109—
3912, telephone number (617) 918–
1697, fax number (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. EPA’s Evaluation of Maine’s SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision that evaluates progress towards
the RPGs for each mandatory Class I
Federal area 1 (Class I area) within the
state and in each Class I area outside the
state which may be affected by
emissions from within the state. See 40
CFR 51.308(g). In addition, the
provisions under 40 CFR 51.308(h)
require states to submit, at the same
time as the 40 CFR 51.308(g) progress
report, a determination of the adequacy
of the state’s existing regional haze SIP.
The progress report SIP is due five years
after submittal of the initial regional
haze SIP. On December 9, 2010, the
Maine Department of Environmental
Protection (ME DEP) submitted the
State’s first regional haze SIP in
accordance with 40 CFR 51.308.2
On February 23, 2016, ME DEP
submitted a revision to the Maine SIP
detailing the progress made in the first
planning period toward implementation
of the Long Term Strategy (LTS)
outlined in its 2010 regional haze SIP
submittal, the visibility improvement
measured at the Class I areas affected by
emissions from Maine, and a
determination of the adequacy of the
State’s existing regional haze SIP. EPA
is proposing to approve Maine’s
February 23, 2016 SIP submittal.
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). Listed at 40 CFR part 81 Subpart D.
2 On April 24, 2012, EPA approved Maine’s
Regional Haze SIP submittal addressing the
requirements of the first implementation period for
regional haze. See 77 FR 24385.
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II. EPA’s Evaluation of Maine’s SIP
Revision
On February 23, 2016, Maine
submitted its ‘‘Regional Haze 5-Year
Progress Report’’ (Progress Report) to
EPA as a SIP revision.
Maine is home to three Class I areas:
Acadia National Park (Acadia),
Roosevelt-Campobello International
Park (RCIP), and Moosehorn Wilderness
Area (Moosehorn). Emissions from
Maine sources were also found to be
contributing to visibility impairment at
nearby Great Gulf Wilderness Area
(Great Gulf) in New Hampshire. See 76
FR 73956 (November 29, 2011).
Through the consultation process,
Maine agreed to pursue the coordinated
course of action agreed to by the MidAtlantic/Northeast Visibility Union
(MANE–VU) 3 to assure reasonable
progress toward preventing any future,
and remedying any existing, impairment
of visibility in the mandatory Class I
areas within the MANE–VU region.
These strategies are commonly referred
to as the MANE–VU ‘‘Ask.’’ The
MANE–VU ‘‘Ask’’ includes: A timely
implementation of best available retrofit
technology (BART) requirements; 90
percent or more reduction in sulfur
dioxide (SO2) emissions at 167 electrical
generating units (EGUs) ‘‘stacks’’
identified by MANE–VU (or comparable
alternative measures); lower sulfur fuel
oil (with limits specified for each State);
and continued evaluation of other
control measures.4 In summary, Maine
is on track to fulfill the MANE–VU
‘‘Ask’’ by meeting the deadlines for
BART requirements, as of the date of the
Progress Report, for all BART-eligible
facilities described in the Progress
Report, adopting a low sulfur fuel oil
strategy requiring the use of 0.0015%
sulfur by weight in distillate and 0.5%
sulfur by weight residual fuel oil by July
1, 2018, and reducing SO2 emissions by
57% from the State’s one identified
contributing EGU, Florida Power and
Light’s Wyman Station (Wyman). An
additional reduction in SO2 emissions
from Wyman is expected with the
3 MANE–VU is a collaborative effort of State
governments, Tribal governments, and various
federal agencies established to initiate and
coordinate activities associated with the
management of regional haze, visibility and other
air quality issues in the Northeastern United States.
Member State and Tribal governments include:
Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Penobscot
Indian Nation, Rhode Island, and Vermont.
4 The MANE–VU ‘‘Ask’’ was structured around
the finding that SO2 emissions were the dominate
visibility impairing pollutant at the Northeastern
Class I areas and electrical generating units
comprised the largest SO2 emission sector. See
‘‘Regional Haze and Visibility in the Northeast and
Mid-Atlantic States,’’ January 31, 2001.
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implementation of 0.5% sulfur by
weight residual oil requirement by July
1, 2018.
A. Regional Haze Progress Report
This section includes the EPA’s
analysis of Maine’s Progress Report SIP
submittal, and an explanation of the
basis of our proposed approval.
Maine’s 2010 regional haze SIP
included the following key measures:
Implementation of BART for eligible
sources, reducing the sulfur in fuel oil
content, and reducing SO2 emissions
from the Maine EGU identified as
contributing to visibility impairment at
nearby Class I areas.
In the Maine 2010 Regional Haze SIP,
ME DEP identified 10 facilities subject
to BART. For eight of these facilities, the
existing controls were determined to be
BART. The remaining two sources
eligible for BART controls were: Wyman
Boiler #3 and Verso Androscoggin at Jay
Boilers #1 and #2. As documented in
Table 3–1 of the Maine Progress Report,
each of these two sources has
implemented a permit revision,
approved in EPA’s April 24, 2012
approval of Maine’s regional haze SIP
(77 FR 24385), which requires the use
of 0.7% sulfur by weight fuel oil by the
BART deadline of 2013.5
Maine’s Progress Report notes the
implementation of the MANE–VU
‘‘Ask’’ for sulfur content of fuel oil. The
Maine statute, approved by the EPA as
part of Maine’s regional haze plan,
lowers the sulfur content of all distillate
fuel oils to 0.0015% sulfur by weight
and residual oils to 0.5% sulfur
beginning July 1, 2018.6
Maine has two EGUs among the 167
EGUs stacks identified for control of
sulfur dioxide emission in the MANE–
VU ‘‘Ask.’’ These stacks are Wyman
units #3 and #4. As previously
discussed above, unit #3 was required to
reduce the sulfur in fuel content to 0.7%
by 2013 with a further reduction to
0.5% sulfur by weight in 2018, as
required by Maine’s sulfur in fuels
statute. Unit #4 is following the same
timeline. The Progress Report indicates
a 1,138 ton/year SO2 (or 57%) emission
reduction from Wyman thus far. An
additional reduction in SO2 emission is
expected from the required use of 0.5%
sulfur by weight fuel oil by 2018.
The Maine Progress Report also
includes the status of SO2 emission
reductions from states that affect Class
I areas in MANE–VU relative to the
MANE–VU ‘‘Ask.’’ 7 Maine consulted
with states in the eastern United States
that affect visibility at the Class I areas
at Acadia, Moosehorn, and RCIP,
outlining how they could meet the
MANE–VU ‘‘Ask’’ and help achieve the
progress goals for Class I areas in Maine
and other MANE–VU States. These
emission reductions were included in
the modeling that predicted progress
toward meeting RPGs. The EPA is
proposing that Maine’s summary of the
status of the implementation of
measures in its Progress Report
adequately addresses the applicable
provisions under 40 CFR 51.308(g), as
the State demonstrated the
implementation of measures within
Maine, including applying BART at
subject sources.
During the development of the
regional haze SIP for the first planning
period, MANE–VU and Maine
determined that SO2 was the greatest
contributor to anthropogenic visibility
impairment at the State’s Class I areas.
Therefore, the bulk of visibility
improvement achieved in the first
planning period was expected to result
from reductions in SO2 emissions from
sources inside and outside of the State.
Table 6–1 of Maine’s 2016 Progress
Report details the SO2 emission
reductions from the 2002 Maine
regional haze SIP baseline to 2014 for
not only the targeted Wyman units, but
all Maine EUGs.8 The Maine EGUs show
an emission reduction from 2,022 tons
SO2 in 2002 to 856 tons SO2 in 2014, a
reduction of 57%. Oxides of nitrogen
(NOX) emissions from these same
sources were also reduced from 1,154
tons in 2002 to 539 tons in 2014, a
reduction of 53%.
EPA is proposing to find that Maine
has adequately addressed the applicable
provisions of 40 CFR 51.308(g). Maine
has detailed the SO2 and NOX
reductions from the 2002 regional haze
baseline by using the most recently
available year of data at the time of the
development of Maine’s Progress
Report, which is 2014.
The provisions under 40 CFR
51.308(g) also require that States with
Class I areas within their borders
provide information on current
visibility conditions and the difference
between current visibility conditions
and baseline visibility conditions
expressed in terms of five-year averages
of these annual values.
Maine is home to three Class I areas;
Acadia, RCIP, and Moosehorn. Maine
relies on the Interagency Monitoring of
Protected Visual Environments
(IMPROVE) program monitoring
network for visibility measurements.
One IMPROVE monitor is located
within Acadia. A second IMPROVE
monitor is located one mile northeast of
Moosehorn. The Moosehorn monitor
also serves as the monitor for nearby
RCIP. In the Progress Report, ME DEP
provides the data in deciviews (dv) 9 for
the baseline 2000–2004 five-year
average visibility, the most recent 2010–
2014 five-year average visibility, the
2018 RPG from the 2010 regional haze
SIP, and the calculated visibility
improvement. See Table 1.
TABLE 1—OBSERVED VISIBILITY VS. ESTABLISHED VISIBILITY GOALS (deciviews) FOR ACADIA AND MOOSEHORN
Baseline
2000–2004
5-year
average
visibility
(dv)
Most recent
2010–2014
5-year
average
visibility
(dv)
Visibility
improvement
(dv)
2018
Reasonable
progress
goal
(dv)
Meets 2018
progress
goals?
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
20% Most Impaired Days
Acadia ..................................................................................
5 See EPA’s Proposed Approval of Maine’s
Regional Haze SIP (76 FR 73956, November 29,
2011) for a full discussion of Maine’s BART
analysis.
6 Maine’s Sulfur in Fuel Statute 38 MRSA Section
603–A subsection 2(A) was approved into the
Maine SIP on April 24, 2012. See 79 FR 24385.
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17.5
7 Memorandum from NESCAUM to MANE–VU
‘‘Overview of State and Federal Actions Relative to
MANE–VU Asks’’ dated March 28, 2013. https://
www.nescaum.org/documents/summary-memomane-vuasks-20130328-fianl.pdf/.
8 Maine’s Progress Report SIP includes annual
unit-level emissions data for SO2 and NOX from
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5.4
19.4
Yes.
EGUs from EPA’s Clean Air Markets Division
(CAMD) for the years 2002 and 2014.
9 The deciview is a measure for tracking progress
in improving visibility. Each deciview change is an
incremental change in visibility perceived by the
human eye. The preamble to the Regional Haze
Rule provides additional details about the deciview
(64 FR 35714 (July 1, 1999)).
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TABLE 1—OBSERVED VISIBILITY VS. ESTABLISHED VISIBILITY GOALS (deciviews) FOR ACADIA AND MOOSEHORN—
Continued
Baseline
2000–2004
5-year
average
visibility
(dv)
Moosehorn ...........................................................................
Most recent
2010–2014
5-year
average
visibility
(dv)
21.7
Visibility
improvement
(dv)
2018
Reasonable
progress
goal
(dv)
Meets 2018
progress
goals?
16.5
5.2
19.0
Yes.
7.0
6.7
1.8
2.5
8.3
8.6
Yes.
Yes.
20% Least Impaired Days
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Acadia ..................................................................................
Moosehorn ...........................................................................
The baseline visibility for Acadia and
Moosehorn was 22.9 dv and 21.7 dv,
respectively, on the 20% most impaired
days. On the 20% least impaired days,
the baseline visibility was 8.8 dv and
9.2 dv for these two sites, respectively.
The most recent five-year average data
for both sites shows an improvement of
more than 5 dv on the 20% most
visibility impaired days and no
visibility degradation on the 20% least
impaired days. The 2016 Progress
Report demonstrates that the State has
already achieved the 2018 RPG for the
20% most impaired days and ensured
no visibility degradation for the 20%
least impaired days for the first
planning period. The Class I area
outside of Maine affected by sources in
Maine also has achieved the 2018 RPGs.
EPA is proposing to find that Maine
provided the required information
regarding visibility conditions to meet
the applicable provisions under 40 CFR
51.308(g), specifically providing
baseline visibility conditions (2000–
2004), current conditions based on the
most recently available IMPROVE
monitoring data (2010–2014), and a
comparison with the RPGs.
In its Progress Report SIP, Maine
presents data from statewide emissions
inventories developed for the years
2002, 2011, and 2014 (EGUs only), and
projected inventories for 2018 for SO2,
NOX, fine particulate matter (PM2.5), and
volatile organic compounds (VOC).10
Maine’s emissions inventories include
the following source classifications;
Point EGUs, Point Non-EGU, Area, OnRoad Mobile, and Non-road. From 2002
through 2014, Maine’s overall EGU SO2
emissions were reduced from 2,022 tons
to 856 tons, well below the 2018
projected level of 7,422 tons. The largest
SO2 sector, Point Non-EGU, saw
10 The 2002 inventory is the MANE–VU V3.3
which is projected to 2018. The 2011 inventory is
based on the 2011 National Emission Inventory
(NEI). The 2014 inventory was the most recent year
of Clean Air Markets Division (CAMD) inventory
data as reported to EPA.
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emissions drop from 21,709 tons in
2002 to 6,434 tons in 2011, well below
the 18,492 tons projected for 2018.
Overall, State SO2 emissions dropped
from 39,589 tons in 2002 to 15,528 tons
in 2011, below the 2018 projection of
31,830 tons. Statewide NOX emissions
experienced a similar decrease. Overall,
State NOX emissions dropped from
91,928 tons in 2002 to 62,633 tons in
2011. The 2018 projected NOX
emissions is 41,922 tons. Additional
NOX reductions are expected from the
mobile sector. Finally, ME DEP
indicated that based on 2011 emission
data, the State has already achieved the
2018 projected emissions reduction for
direct PM2.5 (2% reduction) and VOC
(20% reduction).
EPA is proposing that Maine has
adequately addressed the applicable
provisions under 40 CFR 51.308. ME
DEP compares the most recent updated
emission inventory data available at the
time of development of the Progress
Report with the baseline emissions in
the regional haze SIP. The Progress
Report appropriately details the 2011
SO2, NOX, PM2.5, and VOC reductions
achieved, by sector, thus far in the
regional haze planning period. In
addition, the State provided the most
recent annual SO2 and NOX emission
data for EGUs.
In its Progress Report SIP, Maine
states that sulfates continue to be the
biggest single contributor to regional
haze at Acadia, Moosehorn, RCIP, and
Great Gulf. While Maine mainly focused
its analysis on addressing large SO2
emissions from point sources, the State
did not find any significant changes in
NOX and PM2.5 which might impede or
limit progress during the first planning
period. In addition, ME DEP cited the
2013 Northeast States for Coordinated
Air Use Management (NESCAUM)
report, discussed below, which
indicates that all of the MANE–VU Class
I areas are on track to meet the 2018
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visibility goals established by the States
in their Regional Haze SIPs.11
EPA is proposing to conclude that
Maine has adequately addressed the
applicable provisions under 40 CFR
51.308(g). The State adequately
demonstrated that there are no
significant changes in emissions of SO2,
PM2.5, or NOX within the State which
have impeded progress in reducing
emissions and improving visibility in
the Class I areas impacted by Maine
sources.
In its Progress Report SIP, ME DEP
states that the elements and strategies
relied on in its original Regional Haze
SIP are sufficient to enable Maine and
neighboring States to meet all RPGs. To
support this conclusion, ME DEP notes
in Table 7–1 of the Progress Report that
the 2014 EGU SO2 emissions from the
entire MANE–VU area are already less
than the 2018 projections for that area
(323,704 tons versus 365,024 tons). In
addition, Maine discusses visibility data
from Tracking Visibility Progress, 2004–
2011, prepared by NESCAUM, which
updated the progress at MANE–VU
Class I areas during the five-year period
ending in 2014. The data included
information for the Maine Class I areas,
between 2000 and 2014, in the context
of short- and long-term visibility goals.
The report indicates that visibility
impairment on the best and worst days
from 2000–2014 have dropped at
Acadia, Moosehorn, and Great Gulf.
Maine notes the NESCAUM report
indicates that all the MANE–VU Class I
states continue to be on track to meet
their 2018 RPGs for improved visibility
and that further progress may occur
through recently adopted or proposed
regulatory programs. Based upon the
NESCAUM report and visibility data,
Maine states in its Progress Report that
visibility improvement at Acadia,
11 NESCAUM for MANE–VU, ‘‘Tracking Visibility
Progress 2004–2011,’’ revised May 24, 2013. https://
www.nescaum.org/documents/manevu-trends2004-2011-report-final-20130430.pdf/view. The
report was later updated with 2014 IMPROVE data.
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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Proposed Rules
Moosehorn, RCIP, and Great Gulf has
occurred for the most impaired days and
no degradation of visibility has occurred
for the least impaired days. Therefore,
Maine finds that Acadia, Moosehorn,
RCIP, and Great Gulf are on track to
meet the RPGs for 2018 based on
observed visibility improvement.
EPA is proposing to conclude that
Maine has adequately addressed the
applicable provisions under 40 CFR
51.308(g). EPA views this requirement
as an assessment that should evaluate
emissions and visibility trends and
other readily available information. In
its Progress Report, Maine describes the
improving visibility trends using data
from the IMPROVE network and the
downward emission trends in key
pollutants in the State and the MANE–
VU region. Maine determined that the
State’s regional haze SIP is sufficient for
the three Class I areas within the State
and the Class I area outside of the State
impacted by the State’s emissions (Great
Gulf) to meet their RPGs.
Maine’s visibility monitoring strategy
relies upon participation in the
IMPROVE network. The IMPROVE
monitor serving Acadia is located
within Acadia National Park. The
IMPROVE monitor serving Moosehorn
and RCIP is located one mile northeast
of Moosehorn. ME DEP finds that there
is no indication of a need for additional
monitoring sites or equipment.
EPA is proposing to find that Maine
has adequately addressed the applicable
provisions under 40 CFR 51.308(g) by
reviewing the State’s visibility
monitoring strategy and assessing
whether any modifications to the
monitoring strategy are necessary.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
B. Determination of Adequacy of
Existing Regional Haze Plan
In its Progress Report SIP, Maine
submitted a negative declaration to EPA
regarding the need for additional actions
or emission reductions in Maine beyond
those already in place and those to be
implemented by 2018 according to
Maine’s regional haze plan.
In the 2016 SIP submittal, Maine
determined that the existing Regional
Haze SIP requires no substantive
revision at this time to achieve the RPGs
for the Class I areas affected by the
State’s sources. The basis for the State’s
negative declaration is the finding that
visibility has improved at all Class I
areas in the MANE–VU region. In
VerDate Sep<11>2014
16:37 Jul 19, 2017
Jkt 241001
addition, SO2 and PM2.5 emissions for
the State have decreased beyond the
original 2018 projections. While NOX
reductions have yet to fully meet the
2018 projections, additional substantial
NOX reductions are expected by 2018.
EPA is proposing to conclude that
Maine has adequately addressed the
provisions under 40 CFR 51.308(h)
because the visibility and emission
trends indicate that Acadia, Moosehorn,
RCIP, and Great Gulf are meeting or
exceeding the RPGs for 2018, and are
expected to continue to meet or exceed
the RPGs for 2018.
EPA is soliciting public comments on
the issues discussed in this notice or on
other relevant matters. These comments
will be considered before taking final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments to this proposed rule by
following the instructions listed in the
ADDRESSES section of this Federal
Register.
III. Proposed Action
EPA is proposing to approve Maine’s
February 23, 2016 regional haze 5-Year
Progress Report SIP as meeting the
requirements of 40 CFR 51.308(g) and
(h).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office 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
PO 00000
Frm 00021
Fmt 4702
Sfmt 9990
33475
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–15266 Filed 7–19–17; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Proposed Rules]
[Pages 33471-33475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15266]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0110; A-1-FRL-9965-12Region 1]
Air Plan Approval; ME; Regional Haze 5-Year Progress Report
AGENCY: Environmental Protection Agency (EPA).
[[Page 33472]]
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Maine's regional haze progress report, submitted on February
23, 2016, as a revision to its State Implementation Plan (SIP). Maine's
SIP revision addresses requirements of the Clean Air Act (CAA) and
EPA's rules that require states to submit periodic reports describing
progress toward reasonable progress goals (RPGs) established for
regional haze and a determination of the adequacy of the State's
existing regional haze SIP. Maine's progress report notes that Maine
has implemented the measures in the regional haze SIP due to be in
place by the date of the progress report and that visibility in federal
Class I areas affected by emissions from Maine is improving and has
already met the applicable RPGs for 2018. EPA is proposing approval of
Maine's determination that the State's regional haze SIP is adequate to
meet these reasonable progress goals for the first implementation
period covering through 2018 and requires no substantive revision at
this time.
DATES: Written comments must be received on or before August 21, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0110 at https://www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the 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. The 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, please contact the person
identified in the For Further Information Contact section. For 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: Anne McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA
02109--3912, telephone number (617) 918-1697, fax number (617) 918-
0697, email mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. EPA's Evaluation of Maine's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the RPGs for each
mandatory Class I Federal area \1\ (Class I area) within the state and
in each Class I area outside the state which may be affected by
emissions from within the state. See 40 CFR 51.308(g). In addition, the
provisions under 40 CFR 51.308(h) require states to submit, at the same
time as the 40 CFR 51.308(g) progress report, a determination of the
adequacy of the state's existing regional haze SIP. The progress report
SIP is due five years after submittal of the initial regional haze SIP.
On December 9, 2010, the Maine Department of Environmental Protection
(ME DEP) submitted the State's first regional haze SIP in accordance
with 40 CFR 51.308.\2\
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\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81 Subpart D.
\2\ On April 24, 2012, EPA approved Maine's Regional Haze SIP
submittal addressing the requirements of the first implementation
period for regional haze. See 77 FR 24385.
---------------------------------------------------------------------------
On February 23, 2016, ME DEP submitted a revision to the Maine SIP
detailing the progress made in the first planning period toward
implementation of the Long Term Strategy (LTS) outlined in its 2010
regional haze SIP submittal, the visibility improvement measured at the
Class I areas affected by emissions from Maine, and a determination of
the adequacy of the State's existing regional haze SIP. EPA is
proposing to approve Maine's February 23, 2016 SIP submittal.
II. EPA's Evaluation of Maine's SIP Revision
On February 23, 2016, Maine submitted its ``Regional Haze 5-Year
Progress Report'' (Progress Report) to EPA as a SIP revision.
Maine is home to three Class I areas: Acadia National Park
(Acadia), Roosevelt-Campobello International Park (RCIP), and Moosehorn
Wilderness Area (Moosehorn). Emissions from Maine sources were also
found to be contributing to visibility impairment at nearby Great Gulf
Wilderness Area (Great Gulf) in New Hampshire. See 76 FR 73956
(November 29, 2011).
Through the consultation process, Maine agreed to pursue the
coordinated course of action agreed to by the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) \3\ to assure reasonable progress toward
preventing any future, and remedying any existing, impairment of
visibility in the mandatory Class I areas within the MANE-VU region.
These strategies are commonly referred to as the MANE-VU ``Ask.'' The
MANE-VU ``Ask'' includes: A timely implementation of best available
retrofit technology (BART) requirements; 90 percent or more reduction
in sulfur dioxide (SO2) emissions at 167 electrical
generating units (EGUs) ``stacks'' identified by MANE-VU (or comparable
alternative measures); lower sulfur fuel oil (with limits specified for
each State); and continued evaluation of other control measures.\4\ In
summary, Maine is on track to fulfill the MANE-VU ``Ask'' by meeting
the deadlines for BART requirements, as of the date of the Progress
Report, for all BART-eligible facilities described in the Progress
Report, adopting a low sulfur fuel oil strategy requiring the use of
0.0015% sulfur by weight in distillate and 0.5% sulfur by weight
residual fuel oil by July 1, 2018, and reducing SO2
emissions by 57% from the State's one identified contributing EGU,
Florida Power and Light's Wyman Station (Wyman). An additional
reduction in SO2 emissions from Wyman is expected with the
[[Page 33473]]
implementation of 0.5% sulfur by weight residual oil requirement by
July 1, 2018.
---------------------------------------------------------------------------
\3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
\4\ The MANE-VU ``Ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at the Northeastern Class I areas and electrical
generating units comprised the largest SO2 emission
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
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A. Regional Haze Progress Report
This section includes the EPA's analysis of Maine's Progress Report
SIP submittal, and an explanation of the basis of our proposed
approval.
Maine's 2010 regional haze SIP included the following key measures:
Implementation of BART for eligible sources, reducing the sulfur in
fuel oil content, and reducing SO2 emissions from the Maine
EGU identified as contributing to visibility impairment at nearby Class
I areas.
In the Maine 2010 Regional Haze SIP, ME DEP identified 10
facilities subject to BART. For eight of these facilities, the existing
controls were determined to be BART. The remaining two sources eligible
for BART controls were: Wyman Boiler #3 and Verso Androscoggin at Jay
Boilers #1 and #2. As documented in Table 3-1 of the Maine Progress
Report, each of these two sources has implemented a permit revision,
approved in EPA's April 24, 2012 approval of Maine's regional haze SIP
(77 FR 24385), which requires the use of 0.7% sulfur by weight fuel oil
by the BART deadline of 2013.\5\
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\5\ See EPA's Proposed Approval of Maine's Regional Haze SIP (76
FR 73956, November 29, 2011) for a full discussion of Maine's BART
analysis.
---------------------------------------------------------------------------
Maine's Progress Report notes the implementation of the MANE-VU
``Ask'' for sulfur content of fuel oil. The Maine statute, approved by
the EPA as part of Maine's regional haze plan, lowers the sulfur
content of all distillate fuel oils to 0.0015% sulfur by weight and
residual oils to 0.5% sulfur beginning July 1, 2018.\6\
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\6\ Maine's Sulfur in Fuel Statute 38 MRSA Section 603-A
subsection 2(A) was approved into the Maine SIP on April 24, 2012.
See 79 FR 24385.
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Maine has two EGUs among the 167 EGUs stacks identified for control
of sulfur dioxide emission in the MANE-VU ``Ask.'' These stacks are
Wyman units #3 and #4. As previously discussed above, unit #3 was
required to reduce the sulfur in fuel content to 0.7% by 2013 with a
further reduction to 0.5% sulfur by weight in 2018, as required by
Maine's sulfur in fuels statute. Unit #4 is following the same
timeline. The Progress Report indicates a 1,138 ton/year SO2
(or 57%) emission reduction from Wyman thus far. An additional
reduction in SO2 emission is expected from the required use
of 0.5% sulfur by weight fuel oil by 2018.
The Maine Progress Report also includes the status of
SO2 emission reductions from states that affect Class I
areas in MANE-VU relative to the MANE-VU ``Ask.'' \7\ Maine consulted
with states in the eastern United States that affect visibility at the
Class I areas at Acadia, Moosehorn, and RCIP, outlining how they could
meet the MANE-VU ``Ask'' and help achieve the progress goals for Class
I areas in Maine and other MANE-VU States. These emission reductions
were included in the modeling that predicted progress toward meeting
RPGs. The EPA is proposing that Maine's summary of the status of the
implementation of measures in its Progress Report adequately addresses
the applicable provisions under 40 CFR 51.308(g), as the State
demonstrated the implementation of measures within Maine, including
applying BART at subject sources.
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\7\ Memorandum from NESCAUM to MANE-VU ``Overview of State and
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013.
https://www.nescaum.org/documents/summary-memo-mane-vuasks-20130328-fianl.pdf/.
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During the development of the regional haze SIP for the first
planning period, MANE-VU and Maine determined that SO2 was
the greatest contributor to anthropogenic visibility impairment at the
State's Class I areas. Therefore, the bulk of visibility improvement
achieved in the first planning period was expected to result from
reductions in SO2 emissions from sources inside and outside
of the State. Table 6-1 of Maine's 2016 Progress Report details the
SO2 emission reductions from the 2002 Maine regional haze
SIP baseline to 2014 for not only the targeted Wyman units, but all
Maine EUGs.\8\ The Maine EGUs show an emission reduction from 2,022
tons SO2 in 2002 to 856 tons SO2 in 2014, a
reduction of 57%. Oxides of nitrogen (NOX) emissions from
these same sources were also reduced from 1,154 tons in 2002 to 539
tons in 2014, a reduction of 53%.
---------------------------------------------------------------------------
\8\ Maine's Progress Report SIP includes annual unit-level
emissions data for SO2 and NOX from EGUs from
EPA's Clean Air Markets Division (CAMD) for the years 2002 and 2014.
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EPA is proposing to find that Maine has adequately addressed the
applicable provisions of 40 CFR 51.308(g). Maine has detailed the
SO2 and NOX reductions from the 2002 regional
haze baseline by using the most recently available year of data at the
time of the development of Maine's Progress Report, which is 2014.
The provisions under 40 CFR 51.308(g) also require that States with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions expressed in terms of
five-year averages of these annual values.
Maine is home to three Class I areas; Acadia, RCIP, and Moosehorn.
Maine relies on the Interagency Monitoring of Protected Visual
Environments (IMPROVE) program monitoring network for visibility
measurements. One IMPROVE monitor is located within Acadia. A second
IMPROVE monitor is located one mile northeast of Moosehorn. The
Moosehorn monitor also serves as the monitor for nearby RCIP. In the
Progress Report, ME DEP provides the data in deciviews (dv) \9\ for the
baseline 2000-2004 five-year average visibility, the most recent 2010-
2014 five-year average visibility, the 2018 RPG from the 2010 regional
haze SIP, and the calculated visibility improvement. See Table 1.
---------------------------------------------------------------------------
\9\ The deciview is a measure for tracking progress in improving
visibility. Each deciview change is an incremental change in
visibility perceived by the human eye. The preamble to the Regional
Haze Rule provides additional details about the deciview (64 FR
35714 (July 1, 1999)).
Table 1--Observed Visibility vs. Established Visibility Goals (deciviews) for Acadia and Moosehorn
----------------------------------------------------------------------------------------------------------------
Baseline 2000- Most recent
2004 5-year 2010-2014 5- Visibility 2018
average year average improvement Reasonable Meets 2018
visibility visibility (dv) progress goal progress goals?
(dv) (dv) (dv)
----------------------------------------------------------------------------------------------------------------
20% Most Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia...................... 22.9 17.5 5.4 19.4 Yes.
[[Page 33474]]
Moosehorn................... 21.7 16.5 5.2 19.0 Yes.
----------------------------------------------------------------------------------------------------------------
20% Least Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia...................... 8.8 7.0 1.8 8.3 Yes.
Moosehorn................... 9.2 6.7 2.5 8.6 Yes.
----------------------------------------------------------------------------------------------------------------
The baseline visibility for Acadia and Moosehorn was 22.9 dv and
21.7 dv, respectively, on the 20% most impaired days. On the 20% least
impaired days, the baseline visibility was 8.8 dv and 9.2 dv for these
two sites, respectively. The most recent five-year average data for
both sites shows an improvement of more than 5 dv on the 20% most
visibility impaired days and no visibility degradation on the 20% least
impaired days. The 2016 Progress Report demonstrates that the State has
already achieved the 2018 RPG for the 20% most impaired days and
ensured no visibility degradation for the 20% least impaired days for
the first planning period. The Class I area outside of Maine affected
by sources in Maine also has achieved the 2018 RPGs.
EPA is proposing to find that Maine provided the required
information regarding visibility conditions to meet the applicable
provisions under 40 CFR 51.308(g), specifically providing baseline
visibility conditions (2000-2004), current conditions based on the most
recently available IMPROVE monitoring data (2010-2014), and a
comparison with the RPGs.
In its Progress Report SIP, Maine presents data from statewide
emissions inventories developed for the years 2002, 2011, and 2014
(EGUs only), and projected inventories for 2018 for SO2,
NOX, fine particulate matter (PM2.5), and
volatile organic compounds (VOC).\10\ Maine's emissions inventories
include the following source classifications; Point EGUs, Point Non-
EGU, Area, On-Road Mobile, and Non-road. From 2002 through 2014,
Maine's overall EGU SO2 emissions were reduced from 2,022
tons to 856 tons, well below the 2018 projected level of 7,422 tons.
The largest SO2 sector, Point Non-EGU, saw emissions drop
from 21,709 tons in 2002 to 6,434 tons in 2011, well below the 18,492
tons projected for 2018. Overall, State SO2 emissions
dropped from 39,589 tons in 2002 to 15,528 tons in 2011, below the 2018
projection of 31,830 tons. Statewide NOX emissions
experienced a similar decrease. Overall, State NOX emissions
dropped from 91,928 tons in 2002 to 62,633 tons in 2011. The 2018
projected NOX emissions is 41,922 tons. Additional
NOX reductions are expected from the mobile sector. Finally,
ME DEP indicated that based on 2011 emission data, the State has
already achieved the 2018 projected emissions reduction for direct
PM2.5 (2% reduction) and VOC (20% reduction).
---------------------------------------------------------------------------
\10\ The 2002 inventory is the MANE-VU V3.3 which is projected
to 2018. The 2011 inventory is based on the 2011 National Emission
Inventory (NEI). The 2014 inventory was the most recent year of
Clean Air Markets Division (CAMD) inventory data as reported to EPA.
---------------------------------------------------------------------------
EPA is proposing that Maine has adequately addressed the applicable
provisions under 40 CFR 51.308. ME DEP compares the most recent updated
emission inventory data available at the time of development of the
Progress Report with the baseline emissions in the regional haze SIP.
The Progress Report appropriately details the 2011 SO2,
NOX, PM2.5, and VOC reductions achieved, by
sector, thus far in the regional haze planning period. In addition, the
State provided the most recent annual SO2 and NOX
emission data for EGUs.
In its Progress Report SIP, Maine states that sulfates continue to
be the biggest single contributor to regional haze at Acadia,
Moosehorn, RCIP, and Great Gulf. While Maine mainly focused its
analysis on addressing large SO2 emissions from point
sources, the State did not find any significant changes in
NOX and PM2.5 which might impede or limit
progress during the first planning period. In addition, ME DEP cited
the 2013 Northeast States for Coordinated Air Use Management (NESCAUM)
report, discussed below, which indicates that all of the MANE-VU Class
I areas are on track to meet the 2018 visibility goals established by
the States in their Regional Haze SIPs.\11\
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\11\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. https://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view. The report
was later updated with 2014 IMPROVE data.
---------------------------------------------------------------------------
EPA is proposing to conclude that Maine has adequately addressed
the applicable provisions under 40 CFR 51.308(g). The State adequately
demonstrated that there are no significant changes in emissions of
SO2, PM2.5, or NOX within the State
which have impeded progress in reducing emissions and improving
visibility in the Class I areas impacted by Maine sources.
In its Progress Report SIP, ME DEP states that the elements and
strategies relied on in its original Regional Haze SIP are sufficient
to enable Maine and neighboring States to meet all RPGs. To support
this conclusion, ME DEP notes in Table 7-1 of the Progress Report that
the 2014 EGU SO2 emissions from the entire MANE-VU area are
already less than the 2018 projections for that area (323,704 tons
versus 365,024 tons). In addition, Maine discusses visibility data from
Tracking Visibility Progress, 2004-2011, prepared by NESCAUM, which
updated the progress at MANE-VU Class I areas during the five-year
period ending in 2014. The data included information for the Maine
Class I areas, between 2000 and 2014, in the context of short- and
long-term visibility goals. The report indicates that visibility
impairment on the best and worst days from 2000-2014 have dropped at
Acadia, Moosehorn, and Great Gulf. Maine notes the NESCAUM report
indicates that all the MANE-VU Class I states continue to be on track
to meet their 2018 RPGs for improved visibility and that further
progress may occur through recently adopted or proposed regulatory
programs. Based upon the NESCAUM report and visibility data, Maine
states in its Progress Report that visibility improvement at Acadia,
[[Page 33475]]
Moosehorn, RCIP, and Great Gulf has occurred for the most impaired days
and no degradation of visibility has occurred for the least impaired
days. Therefore, Maine finds that Acadia, Moosehorn, RCIP, and Great
Gulf are on track to meet the RPGs for 2018 based on observed
visibility improvement.
EPA is proposing to conclude that Maine has adequately addressed
the applicable provisions under 40 CFR 51.308(g). EPA views this
requirement as an assessment that should evaluate emissions and
visibility trends and other readily available information. In its
Progress Report, Maine describes the improving visibility trends using
data from the IMPROVE network and the downward emission trends in key
pollutants in the State and the MANE-VU region. Maine determined that
the State's regional haze SIP is sufficient for the three Class I areas
within the State and the Class I area outside of the State impacted by
the State's emissions (Great Gulf) to meet their RPGs.
Maine's visibility monitoring strategy relies upon participation in
the IMPROVE network. The IMPROVE monitor serving Acadia is located
within Acadia National Park. The IMPROVE monitor serving Moosehorn and
RCIP is located one mile northeast of Moosehorn. ME DEP finds that
there is no indication of a need for additional monitoring sites or
equipment.
EPA is proposing to find that Maine has adequately addressed the
applicable provisions under 40 CFR 51.308(g) by reviewing the State's
visibility monitoring strategy and assessing whether any modifications
to the monitoring strategy are necessary.
B. Determination of Adequacy of Existing Regional Haze Plan
In its Progress Report SIP, Maine submitted a negative declaration
to EPA regarding the need for additional actions or emission reductions
in Maine beyond those already in place and those to be implemented by
2018 according to Maine's regional haze plan.
In the 2016 SIP submittal, Maine determined that the existing
Regional Haze SIP requires no substantive revision at this time to
achieve the RPGs for the Class I areas affected by the State's sources.
The basis for the State's negative declaration is the finding that
visibility has improved at all Class I areas in the MANE-VU region. In
addition, SO2 and PM2.5 emissions for the State
have decreased beyond the original 2018 projections. While
NOX reductions have yet to fully meet the 2018 projections,
additional substantial NOX reductions are expected by 2018.
EPA is proposing to conclude that Maine has adequately addressed
the provisions under 40 CFR 51.308(h) because the visibility and
emission trends indicate that Acadia, Moosehorn, RCIP, and Great Gulf
are meeting or exceeding the RPGs for 2018, and are expected to
continue to meet or exceed the RPGs for 2018.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
III. Proposed Action
EPA is proposing to approve Maine's February 23, 2016 regional haze
5-Year Progress Report SIP as meeting the requirements of 40 CFR
51.308(g) and (h).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves State law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by State law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office 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.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-15266 Filed 7-19-17; 8:45 am]
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