Regional Haze Third Implementation Period; Extension of the State Implementation Plan Due Date, 104471-104476 [2024-30212]
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
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[FR Doc. 2024–29639 Filed 12–20–24; 8:45 am]
BILLING CODE 6001–FR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2023–0262; FRL–12160–01–
OAR]
RIN 2060–AW41
Regional Haze Third Implementation
Period; Extension of the State
Implementation Plan Due Date
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing revisions to
the Regional Haze Rule under the Clean
Air Act (CAA) to change the due date
for the next round of State
Implementation Plans (SIPs) for the
third implementation period. Under the
Regional Haze Rule, States must submit
plans to protect visibility in mandatory
Class I Federal areas (Class I areas) to
continue reasonable progress towards
natural visibility.
DATES: Comments must be received on
or before February 6, 2025.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2023–0262, by any of the
following methods: via the Federal
eRulemaking Portal, https://
www.regulations.gov (our preferred
method). Follow the online instructions
for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including
personal information provided. For
SUMMARY:
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detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Ms.
Paige Wantlin, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (Mailcode C539–01),
Environmental Protection Agency, 109
TW Alexander Drive, Research Triangle
Park, NC 27711; telephone number:
(919) 541–5760; email address:
Wantlin.Paige@epa.gov or Mr. Brian
Timin, Air Quality Policy Division,
Office of Air Quality Planning and
Standards (Mailcode C539–01),
Environmental Protection Agency, 109
TW Alexander Drive, Research Triangle
Park, NC 27711; telephone number:
(919) 541–1850; email address:
Timin.Brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–OAR–2023–
0262, at https://www.regulations.gov
(our preferred method), or the other
methods identified in the ADDRESSES
section. Once submitted, comments
cannot be edited or removed from the
docket. The EPA may publish any
comment received to its public docket.
Do not submit to the EPA’s docket at
https://www.regulations.gov any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
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). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full the EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
II. General Information
A. Preamble Glossary of Terms and
Acronyms
The following are abbreviations of
terms used in this document.
CAA
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Clean Air Act
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CFR Code of Federal Regulations
EGU Electric generating unit
EPA Environmental Protection Agency
FLM(s) Federal Land Managers
NAAQS National Ambient Air Quality
Standards
NOX Nitrogen oxides
OMB Office of Management and Budget
PM Particulate matter
PM2.5 Particulate matter equal to or less
than 2.5 microns in diameter (fine
particulate matter)
PM10 Particulate matter equal to or less than
10 microns in diameter
PRA Paperwork Reduction Act
RPG Reasonable progress goal
SIP State implementation plan
SO2 Sulfur dioxide
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B. Does this action apply to me?
Entities potentially affected directly
by this proposed rule include State,
local and Tribal governments, as well as
Federal Land Managers (FLMs)
responsible for protection of visibility in
mandatory Class I areas. Entities
potentially affected indirectly by this
proposed rule include owners and
operators of sources that emit
particulate matter equal to or less than
10 microns in diameter (PM10),
particulate matter equal to or less than
2.5 microns in diameter (PM2.5 or fine
PM), sulfur dioxide (SO2), oxides of
nitrogen (NOX), volatile organic
compounds and other pollutants that
may cause or contribute to visibility
impairment. Others potentially affected
indirectly by this proposed rule include
members of the general public who live,
work or recreate nearby or in mandatory
Class I areas affected by visibility
impairment. Because emissions sources
that contribute to visibility impairment
in Class I areas also may contribute to
air pollution in other areas, members of
the general public may also be affected
by this proposed rulemaking.
C. What should I consider as I prepare
my comments for the EPA?
When submitting comments,
remember to identify the rulemaking
docket by docket number and other
identifying information (such as subject
heading and Federal Register date and
page number). Commenters should
follow directions described in the
proposed rule by responding to specific
questions or by organizing comments by
referencing a Code of Federal
Regulations (CFR) part or section
number. Commenters should also
explain why they agree or disagree,
suggest alternatives, or substitute
language for requested changes. To
support comments, described any
assumptions and provide any technical
information and/or data that you used to
support your comment. If you estimate
potential costs or burdens, explain how
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you arrived at your estimate in
sufficient detail to allow for it to be
reproduced. Please provide specific
examples to illustrate your concerns
wherever possible, suggest alternatives,
and explain your views as clearly as
possible while avoiding profanity or
personal threats. Finally, make sure to
submit your comments by the comment
period deadline.
Please note that this proposed
rulemaking is narrow in scope. Please
focus your comments on only those
sections of the CFR affected by our
proposed changes. Comments that are
outside the scope of this proposed
action will not be considered.
D. Where can I obtain a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
Federal Register document will be
posted at https://www.epa.gov/visibility.
E. How is this Federal Register
document organized?
The information presented in this
document is organized as follows:
I. Public Participation
II. General Information
A. Preamble Glossary of Terms and
Acronyms
B. Does this action apply to me?
C. What should I consider as I prepare my
comments for the EPA?
D. Where can I obtain a copy of this
document and other related information?
E. How is this Federal Register document
organized?
III. What action is the EPA proposing to take?
IV. What is the background for the EPA’s
proposed action?
A. Regional Haze
B. Requirements for Regional Haze SIPs for
the Second Implementation Period
V. Proposed Rule Changes
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
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Populations and Executive Order 14096:
Revitalizing Our Nation’s Commitment
to Environmental Justice for All
VIII. Statutory Authority
III. What action is the EPA proposing
to take?
The EPA is proposing to revise the
due date for the next required regional
haze SIP revision from the current due
date of July 31, 2028, to a revised due
date of July 31, 2031. The revised SIP
due date would apply to periodic
comprehensive State implementation
plans developed for the third regional
haze implementation period.1 The
proposed change to the third regional
haze SIP due date has no effect on prior
due dates for the second 2 or prior 3
implementation periods under the
existing Regional Haze Rule. The EPA is
also proposing to revise 40 CFR
51.308(f) to clarify that the due date for
the fourth implementation period SIPs
will still be due on July 31, 2038. The
end date for the third implementation
period is not being revised and will
remain in 2038. Therefore, State plans
will remain focused on emissions
reduction measures designed to achieve
reasonable progress by 2038, as required
by the current rule. Other than the
proposed change to the next due date
for periodic comprehensive SIP
revisions (i.e., for those currently due in
2028) and clarifying the due date for
future periodic comprehensive SIP
revisions (i.e., for those that will still be
due in 2038), the EPA is proposing no
other changes for due dates for future
periodic comprehensive SIP revisions or
future progress reports.
The EPA is proposing a third
implementation period deadline change
from July 31, 2028, to July 31, 2031, for
several reasons, as described more fully
later in this proposed action. The EPA
intends to propose revisions to the
Regional Haze Rule through a noticeand-comment rulemaking. Once
finalized, these revisions would impact
the third implementation period SIPs.
The proposed extension rule revisions
also clarify that the due date for the
fourth implementation period SIPs
remains 2038 and does not alter the
previously established SIP schedule.
The current SIP revision deadline of
July 31, 2028, is not expected to provide
States with enough time to develop their
1 While the EPA uses ‘‘implementation period’’ in
this notice of proposed rulemaking, we note that
‘‘planning period’’ may be used in other Regional
Haze guidance, policy, and rules. The terms may be
used interchangeably and convey the same
meaning.
2 SIP revisions for the second implementation
period were due July 31, 2021.
3 SIPs for the first implementation period were
due December 17, 2007.
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regional haze SIP revisions to reflect any
updated requirements based on the
anticipated forthcoming rule revisions.
In addition, extending the third
implementation period SIP due date
allows States to obtain and consider the
potential emissions reductions resulting
from implementing other near-term
regulatory programs,4 including
implementation of measures adopted as
part of the regional haze second
implementation period. The SIP due
date extension would also allow States
to develop SIP revisions for the third
implementation period that are more
integrated with State planning for these
other programs. This was an advantage
that was identified in feedback from
States over prior implementation
periods and that is anticipated to result
in greater environmental progress than
if planning for these multiple programs
were not as well integrated.5
While the EPA is proposing the
specific extended third implementation
period SIP deadline of July 31, 2031,
and clarifying the deadline remains July
31, 2038 for the fourth implementation
period SIPs, the EPA is also soliciting
comment on alternative deadline
options for the third implementation
period Haze SIPs. Commenters may
suggest alternate deadline options for
the third implementation period
regional haze SIP revisions by
submitting alternatives to Docket ID No.
EPA–HQ–OAR–2023–0262 at https://
www.regulations.gov. If commenters
provide feedback identifying a date
other than July 31, 2031, the EPA asks
that comments also include the specific
basis and/or rationale for the identified
date.
IV. What is the background for the
EPA’s proposed action?
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A. Regional Haze
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities that are located
across a broad geographic area and emit
4 This includes programs such as such as the 2015
8-hour Ozone NAAQS Serious and Severe Area
SIPs, implementation of the 2024 annual PM2.5
NAAQS revised standard, CAA section 111(d) EGU
State plans, and CAA section 111(d)—OOOO(c) Oil
and Gas State plans.
5 In early 2024, the EPA conducted a series of
outreach webinars to inform stakeholders of EPA’s
intent to revise the Regional Haze Rule for the third
implementation period. Comments on potential rule
revisions were submitted to a non-regulatory docket
(EPA–HQ–OAR–2023–0262). Many commenters
requested that the EPA extend the third
implementation period SIP deadline by 3–5 years
following any major revision of the Regional Haze
Rule given that regional haze SIP development
requires many years and States do not yet know
how any major regulatory revisions will impact the
SIP development process. See FN 21 for more
information.
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PM10, PM2.5 (e.g., sulfates, nitrates,
organic carbon, elemental carbon and
soil dust) and their precursors (e.g., SO2,
NOX and, in some cases, ammonia and
volatile organic compounds). Fine
particle precursors react in the
atmosphere to form PM2.5, which
impairs visibility by scattering and
absorbing light. This light scattering
reduces the clarity, color and visible
distance that one can see. Particulate
matter can also cause serious health
effects in humans (including premature
death, heart attacks, irregular heartbeat,
aggravated asthma, decreased lung
function and increased respiratory
symptoms) and contribute to
environmental effects such as acid
deposition and eutrophication.
B. Requirements for Regional Haze SIPs
for the Second Implementation Period
In 2017, the EPA revised the Regional
Haze Rule (2017 RHR) to clarify States’
obligations and streamline certain
regional haze requirements for the
second implementation period.6 These
revisions to the regional haze program
focused on the requirement that States’
SIPs contain long-term strategies for
making reasonable progress towards the
national visibility goal. These
reasonable progress requirements as
revised in the 2017 rulemaking are
codified at 40 CFR 51.308(f). Among
other changes, the 2017 RHR adjusted
the deadline for States to submit their
second implementation period SIPs,7
clarified the order of analysis and the
relationship between the reasonable
progress goals and the long-term
strategy and focused on making
visibility improvements on the days
with the most anthropogenic visibility
impairment, as opposed to the days
with the most visibility impairment
overall. The EPA also revised
requirements of the visibility protection
program related to periodic progress
reports and FLM consultation.
Currently, 40 CFR 51.308(f) requires
States to submit periodic
comprehensive revisions of
implementation plans (referred to in
this document as periodic
comprehensive SIP revisions)
addressing regional haze visibility
impairment by no later than July 31,
2021, July 31, 2028, and every 10 years
thereafter. All 50 States, the District of
Columbia, and the U.S. Virgin Islands
are required to submit regional haze
SIPs satisfying the applicable
requirements for the second
6 82
FR 3078 (January 10, 2017).
2017 RHR extended the deadline to submit
second implementation period SIPs from July 31,
2018, to July 31, 2021. Id. at 3116–3118.
7 The
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implementation period of the regional
haze program. Each SIP must contain a
long-term strategy for making reasonable
progress toward meeting the national
goal of remedying any existing and
preventing any future anthropogenic
visibility impairment in Class I areas.8
To this end, 40 CFR 51.308(f) lays out
the process by which States determine
what constitutes their long-term
strategies, with the order of the
requirements in 40 CFR 51.308(f)(1)
through (3) generally mirroring the
order of the steps in the reasonable
progress analysis 9 and 40 CFR
51.308(f)(4) through (6) containing
additional, related requirements. In
addition to satisfying the requirements
at 40 CFR 51.308(f) related to reasonable
progress, the regional haze SIP revisions
for the second implementation period
must address the requirements in 40
CFR 51.308(g)(1) through (5) pertaining
to periodic reports describing progress
towards the reasonable progress goals
(RPGs), 40 CFR 51.308(f)(5), as well as
requirements for FLM consultation that
apply to all visibility protection SIPs
and SIP revisions.10
For additional background on the
EPA’s regional haze program and the
2017 RHR revisions, please refer to
Section III. Overview of Visibility
Protection Statutory Authority,
Regulation, and Implementation of
‘‘Protection of Visibility: Amendments
to Requirements for State Plans’’ of the
2017 RHR.11
V. Proposed Rule Changes
The EPA has announced its intention
to revise the Regional Haze Rule, in part
to incorporate lessons learned from the
implementation of the rule in the
second implementation period. Given
that such revisions have not yet been
proposed, we are proposing to extend
the SIP due date timeline to avoid a
situation where the rule revisions are
finalized too close in time to the
existing timeline, resulting in State
inability to meet that timeline.
Therefore, we are proposing to extend
the SIP deadline in anticipation that it
will be necessary to provide States with
sufficient time to take potential
revisions into account when developing
their SIPs. Indeed, we expect that
extending the deadline to align with the
8 CAA
169A(b)(2)(B).
EPA explained in the 2017 RHR Revisions
that we were adopting new regulatory language in
40 CFR 51.308(f) that, unlike the structure in
51.308(d), ‘‘tracked the actual planning sequence.’’
(82 FR 3091, January 10, 2017).
10 40 CFR 51.308(i).
11 See 82 FR 3078 (January 10, 2017, located at
https://www.federalregister.gov/documents/2017/
01/10/2017-00268/protection-of-visibilityamendments-to-requirements-for-State-plans#h-16).
9 The
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forthcoming Regional Haze Rule
revisions will result in a more effective
program in terms of achieving the goal
of improved visibility in Class I areas by
aligning programmatic objectives with
an opportunity for holistic air quality
planning approaches across multiple
criteria air pollutants. In addition, we
are also proposing revisions that would
clarify that the fourth implementation
plans are still due on July 31, 2038, and
do not significantly alter the originally
intended SIP revision schedule.
Extension of the Next Regional Haze SIP
Deadline From 2028 to 2031
The EPA is proposing to amend 40
CFR 51.308(f) to extend the compliance
deadline for the third periodic
comprehensive SIP revisions from July
31, 2028, to July 31, 2031. We are also
proposing revisions to clarify that the
compliance deadline for the fourth
periodic comprehensive SIP revisions is
still July 31, 2038. Periodic
comprehensive SIP revisions for the
third implementation period would be
due on July 31, 2031, SIP revisions for
the fourth implementation period would
be due on July 31, 2038, and future
periodic comprehensive SIP revisions
would be due every 10 years thereafter.
The EPA is not proposing to change the
end date for the third implementation
period, which will remain 2038
regardless of when States submit their
SIP revisions. The EPA is also not
proposing to amend the due date for
third implementation period progress
reports, which remain due in 2033.
The EPA is within its statutory
authority to propose this deadline
extension.12 First, the EPA’s proposal to
extend the third implementation
period’s submission deadline by 3 years
will not impact the EPA’s statutory duty
to ensure that reasonable progress
towards natural visibility is being made
at Class I areas. Section 169A(a)(4) of
the CAA requires the EPA to promulgate
regulations to assure (1) reasonable
progress toward meeting the national
goal of preventing any future and
remedying any existing visibility
impairment; and (2) compliance with
other regional haze requirements. Then,
CAA section 169A(b) generally outlines
what EPA must cover in those
regulations. Under CAA section
169A(b)(2)(B), regional haze SIP
submissions must include, among other
things, a long-term, 10-to-15-year,
strategy for making reasonable progress
toward meeting the national goal.
Although second implementation
12 The EPA is authorized to promulgate the
Regional Haze Rule under CAA sections 110, 114,
121, 160–169, and 169A.
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period SIPs were initially due in 2018,
when the EPA extended that deadline to
2021,13 the second implementation
period still ended in 2028. Therefore,
the third implementation period’s longterm strategy could end anywhere
between 2038–2043. However, as
outlined in this proposal, the EPA is
proposing for the SIP submission
deadline to be 2031, with the third
implementation period still ending in
2038. Therefore, the timing of third
implementation period SIPs will still
allow for a long-term strategy that meets
the statutory requirements and will not
elongate the third implementation
period. This is especially true given that
the due date for the fourth periodic
comprehensive SIP revisions is still July
31, 2038.
The EPA acknowledges that extending
the deadline to submit third
implementation SIPs by three years will
also extend the timeframe for additional
measures to be added to the State’s longterm strategy by three years. However,
between 2028 and 2031, existing
regional haze implementation plans that
include measures deemed necessary for
reasonable progress for the first two
implementation periods will continue to
be in place. Additionally, if a State
would ever wish to revise those
measures being implemented under its
current SIP, the State would have to
submit a SIP revision for EPA review. In
that review, the EPA is obligated to
ensure, inter alia, that such a revision
does not contribute to an increase in
anthropogenic visibility impairment in
any Class I area. Therefore, despite
EPA’s proposed 3-year extension, the
measures deemed necessary for
reasonable progress during the first two
implementation periods will continue to
ensure reasonable progress from 2028 to
2031 and beyond, unless the State
submits a SIP revision.
Under the current rule, when
determining what is necessary for
reasonable progress within a given
implementation period, States must
consider the four statutory factors under
CAA section 169(A)(g)(1).14 However,
before considering the four statutory
factors, States must conduct
photochemical modeling and/or other
technical analyses to estimate their
contributions of anthropogenic visibility
impairment in various Class I areas
nationwide. States then select sources
13 82
FR 3078 at 30116–3118 (January 10, 2017).
determining what measures are necessary for
reasonable progress, States must consider the cost
of compliance, the time necessary for compliance,
the energy and nonair quality environmental
impacts of compliance, and the remaining useful
life of any existing source subject to such
requirements (CAA section 169A(g)(1)).
14 In
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for analysis under the four statutory
factors to determine if new controls are
necessary or if existing controls suffice
to make reasonable progress and justify
their decisions within their SIP. As
discussed later in this section, States
have indicated that it may take 4 years
to complete this work. Providing States
sufficient time to develop meaningful
and comprehensive SIPs that address
visibility improvement goals ultimately
helps ensure that the SIPs contain
measures that are necessary for
reasonable progress and will in fact
make progress towards the national goal
of eliminating existing and preventing
future visibility impairment.
Furthermore, while SIP development
schedules can vary State-to-State,
regional haze SIPs often take longer than
2 years to develop due to modeling and
technical analyses that are performed up
front, prior to SIP development. As an
example, the most recent Regional Haze
Rule revisions were published in
January 2017 and gave States
approximately 4.5 years from the
publication date to submit final SIP
revisions.15 Even with the 4-year notice,
only 8 (out of 52 required) States
submitted SIPs by the July 31, 2021,
compliance deadline for the second
implementation period. Multiple States
claimed that the 4-year window was an
insufficient period of time in which to
develop legally compliant SIPs.16 While
the EPA believes that States were given
a reasonable amount of time to develop
and submit their SIPs for the second
implementation period, it is clear that
States need time beyond the current
2028 deadline to complete the necessary
technical work (which often includes
photochemical modeling, as discussed
earlier in this section), make appropriate
and reasonable decisions on the content
of their long-term strategies, fully
document the work in a SIP submittal,
satisfy the FLM consultation and public
comment requirements, and sometimes
lengthy State legislative requirements.
Based on this past experience, we
estimate that States will need
approximately 4 years to complete this
work. Given the current rule revisions
schedule, that aligns with a 2031 third
implementation period SIP due date.
Finally, extending the regional haze
SIP due date will also allow States to
coordinate regional haze planning with
other CAA regulatory program planning,
15 See 40 CFR 51.308(f): ‘‘Each State identified in
§ 51.300(b) must revise and submit its regional haze
implementation plan revision to EPA by July 31,
2021, July 31, 2028, and every 10 years thereafter
. . .’’
16 See comments submitted to our non-regulatory
docket (EPA–HQ–OAR–2023–0262), available at
https://www.regulations.gov/.
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
including but not limited to the 2015 8hr Ozone NAAQS Serious Area and
Severe Area SIPs,17 implementation of
the 2024 annual PM2.5 NAAQS revised
standard,18 CAA section 111(d) electric
generating unit (EGU) State Plans,19 and
CAA section 111(d)—OOOO(c) Oil and
Gas State Plans.20 With this proposed
extension, States would be able to
gather more information on the effects
of these programs and develop periodic
comprehensive SIP revisions that are
more integrated with State planning for
these other programs, an advantage that
has been identified by States in
comments submitted to the nonregulatory docket.21 22 The Regional
Haze Rule requires States to address the
impacts of other regulatory programs
when developing their regional haze
SIPs and States have stressed the
importance of coordination between
programs. A number of other regulatory
programs will be taking effect in the
coming years, which presents a strategic
opportunity for States to coordinate
their strategies to address significant
sources of emissions. The EPA expects
this cross-program coordination to lead
to better overall policies and enhanced
environmental protection.
With this in mind, we are proposing
this SIP due date extension for several
reasons. First, the EPA has indicated its
intent to develop a rulemaking that may
substantively revise aspects of the
Regional Haze Rule, which would
impact the third implementation period
SIPs, and possibly into future
implementation periods. The public can
track the EPA’s progress on rulemakings
through the EPA’s Regulatory Agenda,
which generally includes regulatory
timelines.23 Therefore, the current SIP
revision deadline of July 31, 2028, will
likely not provide States sufficient time
to thoughtfully develop their regional
17 See
83 FR 10376.
89 FR 16202.
19 See 88 FR 80480.
20 Id.
21 In early 2024, the EPA solicited feedback from
interested parties on revisions to the Regional Haze
Rule to improve implementation of the regional
haze third, and possibly later, implementation
period SIPs in advance of proposing rule revisions.
To facilitate this effort, the EPA conducted a series
of informational public webinars intended to help
the public consider different aspects of the current
Regional Haze Rule relating to how key aspects of
the program could be implemented in future
implementation periods. Following the public
webinar series, we invited interested parties to
submit comments and feedback to a non-regulatory
docket (EPA–HQ–OAR–2023–0262).
22 See comments submitted to our non-regulatory
docket (EPA–HQ–OAR–2023–0262), available at
https://www.regulations.gov/.
23 EPA’s Regulatory Agenda may be accessed
through the following website: https://
www.epa.gov/laws-regulations/regulatory-agendasand-regulatory-plans.
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18 See
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haze SIP revisions to reflect any
updated requirements based on the
anticipated timing of the forthcoming
rule revisions. At this time, it is
premature to explain how the current
requirements in 40 CFR 51.308(f) will
change; however, the EPA
acknowledges that it has announced an
intention to revise the Regional Haze
Rule for purposes of the third
implementation period on a timeline
that is likely not consistent with the
current third implementation period SIP
due date, as previously described.
VI. Environmental Justice
Considerations
When finalized, the proposed
regulation will revise procedural and
timing aspects of the SIP requirements
for visibility protection but will not
change the requirement that SIPs
provide for reasonable progress towards
the goal of natural visibility conditions
consistent with the CAA timeline.
Additionally, when finalized, the
proposed revision will apply a new
timeline for SIP submission that will
affect all States.
The EPA acknowledges that the
proposed delay in submitting SIP
revisions from 2028 to 2031 might cause
delays in when sources must comply
with any new requirements. However,
because neither the CAA nor the
existing Regional Haze Rule set specific
deadlines for when sources must
comply with any new requirements in a
State’s next periodic comprehensive SIP
revision, States have substantial
discretion in establishing reasonable
compliance deadlines for measures in
their SIPs. Given this, we expect to see
a range of compliance deadlines in the
next round of regional haze SIPs from
early in the third implementation period
to 2038, depending on the types of
measures adopted, whether or not these
proposed rule changes are finalized.
Thus, the EPA believes the delay in the
periodic comprehensive SIP revision
submission deadline from 2028 to 2031
will not meaningfully reduce the overall
progress towards better visibility made
by the end of 2038 and will not
meaningfully adversely affect
environmental protection for all general
segments of the population.
Since the revision applies nationally,
the EPA anticipates there may be areas
impacted where conditions exist that
have the potential to result in
disproportionate and adverse effects on
communities with environmental justice
concerns. However, it is not practicable
to provide any more detailed
assessment. Nonetheless, the EPA
offered meaningful engagement related
to today’s proposal above and beyond
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
104475
minimum notice and comment
rulemaking obligations. For example,
today’s proposal was preceded by
seeking comment on a wide array of
issues related to the implementation of
the Regional Haze Program. EPA did
this through the opening of a nonregulatory docket, which occurred on
March 28, 2024, and will close
December 31, 2024.24 So far, the EPA
has received 32 comments from
different perspectives. Many of the
comments requested and supported the
action being proposed today. Consistent
with legal requirements, the EPA is now
seeking comment on this specific
proposal as well.
VII. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866, as amended by
Executive Order 14094, and was
therefore not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0704. This action simply proposes
to extend the SIP due date. The burden
associated with developing and
submitting SIPs is covered in the
existing information collection request.
This action does not impose an
information collection burden because it
does not create an obligation for
Regional offices, States, or sources to
submit new information to the EPA.
C. Regulatory Flexibility Act
This action will not have a significant
economic impact on a substantial
number of small entities under the RFA.
This action will not impose any
requirements on small entities. Small
entities are not subject to the
requirements of this rule.
24 This docket will be open for public comment
from March 28, 2024, to December 31, 2024,
however, comments received after June 28, 2024,
will be considered late and EPA may be unable to
consider comments received after this date.
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Proposed Rules
D. Unfunded Mandates Reform Act
I certify that this action does not
contain an unfunded mandate as
described in UMRA, 2 U.S.C. 1531–
1538, and does not significantly or
uniquely affect small governments. The
action imposes no enforceable duty on
any State, local or Tribal governments or
the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. It would not have a
substantial direct effect on one or more
Indian Tribes. Furthermore, these
proposed regulation revisions do not
affect the relationship or distribution of
power and responsibilities between the
Federal government and Indian Tribes.
The CAA and the TAR establish the
relationship of the Federal government
and Tribes in characterizing air quality
and developing plans to protect
visibility in Class I areas. Thus,
Executive Order 13175 does not apply
to this action.
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G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. Therefore, this action
is not subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
Since this action does not concern
human health, the EPA’s Policy on
Children’s Health also does not apply.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that it is not
practicable to assess whether the human
health or environmental conditions that
exist prior to this action result in
disproportionate and adverse effects on
communities with environmental justice
concerns. This action revises a
procedural requirement—a deadline for
submission of a SIP requirement, for all
States, the District of Columbia, and the
U.S. Virgin Islands. Neither the CAA
nor the RHR require States to conduct
an evaluation of environmental justice
when preparing a Haze SIP, although
the EPA encourages States to consider
whether there may be equity and
environmental justice considerations
when developing a Haze SIP. This
proposed rulemaking only proposes to
extend the SIP deadline for the third
implementation period. It does not
revise or impose new requirements
regarding the development of a Haze
SIP. For these reasons, the EPA believes
that it is not practicable to assess
whether this action is likely to result in
new disproportionate and adverse
effects on communities with
environmental justice concerns. As was
explained in this action, the EPA
provided for meaningful outreach and
engagement through the opening of a
nonregulatory docket and receipt of
feedback, including feedback being
considered as part of this proposed
rulemaking.
VIII. Statutory Authority
The statutory authority for this action
is provided by 42 U.S.C. 7403, 7407,
7410 and 7491(A)(b).
List of Subjects in 40 CFR Part 51
Environmental protection,
administrative practice and procedure,
air pollution control, nitrogen dioxide,
particulate matter, sulfur oxides,
transportation, volatile organic
compounds.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Michael S. Reagan,
Administrator.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
For the reasons stated in the
preamble, Title 40, Chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
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16:28 Dec 20, 2024
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Fmt 4702
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
2. Amend § 51.308 by revising
paragraph (f) introductory text, to read
as follows:
■
§ 51.308 Regional haze program
requirements.
*
*
*
*
*
(f) Requirements for periodic
comprehensive revisions of
implementation plans for regional haze.
Each State identified in § 51.300(b) must
revise and submit its regional haze
implementation plan revision to EPA by
July 31, 2021, July 31, 2031, July 31,
2038, and every 10 years thereafter. The
plan revision due on or before July 31,
2021, must include a commitment by
the State to meet the requirements of
paragraph (g) of this section. In each
plan revision, the State must address
regional haze in each mandatory Class
I Federal area located within the State
and in each mandatory Class I Federal
area located outside the State that may
be affected by emissions from within the
State. To meet the core requirements for
regional haze for these areas, the State
must submit an implementation plan
containing the following plan elements
and supporting documentation for all
required analyses:
*
*
*
*
*
[FR Doc. 2024–30212 Filed 12–20–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0162; FRL–12488–
01–R6]
Air Plan Disapproval; Texas;
Attainment Demonstrations for the
Dallas-Fort Worth and HoustonGalveston-Brazoria Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to
disapprove revisions to the Texas State
Implementation Plan (SIP). The
revisions were submitted by the Texas
Commission on Environmental Quality
SUMMARY:
Sfmt 4702
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]]>Agencies
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104471-104476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30212]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2023-0262; FRL-12160-01-OAR]
RIN 2060-AW41
Regional Haze Third Implementation Period; Extension of the State
Implementation Plan Due Date
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
revisions to the Regional Haze Rule under the Clean Air Act (CAA) to
change the due date for the next round of State Implementation Plans
(SIPs) for the third implementation period. Under the Regional Haze
Rule, States must submit plans to protect visibility in mandatory Class
I Federal areas (Class I areas) to continue reasonable progress towards
natural visibility.
DATES: Comments must be received on or before February 6, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0262, by any of the following methods: via the Federal
eRulemaking Portal, https://www.regulations.gov (our preferred method).
Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ms. Paige Wantlin, Air Quality Policy
Division, Office of Air Quality Planning and Standards (Mailcode C539-
01), Environmental Protection Agency, 109 TW Alexander Drive, Research
Triangle Park, NC 27711; telephone number: (919) 541-5760; email
address: [email protected] or Mr. Brian Timin, Air Quality Policy
Division, Office of Air Quality Planning and Standards (Mailcode C539-
01), Environmental Protection Agency, 109 TW Alexander Drive, Research
Triangle Park, NC 27711; telephone number: (919) 541-1850; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2023-
0262, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full the EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
II. General Information
A. Preamble Glossary of Terms and Acronyms
The following are abbreviations of terms used in this document.
CAA Clean Air Act
[[Page 104472]]
CFR Code of Federal Regulations
EGU Electric generating unit
EPA Environmental Protection Agency
FLM(s) Federal Land Managers
NAAQS National Ambient Air Quality Standards
NOX Nitrogen oxides
OMB Office of Management and Budget
PM Particulate matter
PM2.5 Particulate matter equal to or less than 2.5
microns in diameter (fine particulate matter)
PM10 Particulate matter equal to or less than 10 microns
in diameter
PRA Paperwork Reduction Act
RPG Reasonable progress goal
SIP State implementation plan
SO2 Sulfur dioxide
B. Does this action apply to me?
Entities potentially affected directly by this proposed rule
include State, local and Tribal governments, as well as Federal Land
Managers (FLMs) responsible for protection of visibility in mandatory
Class I areas. Entities potentially affected indirectly by this
proposed rule include owners and operators of sources that emit
particulate matter equal to or less than 10 microns in diameter
(PM10), particulate matter equal to or less than 2.5 microns
in diameter (PM2.5 or fine PM), sulfur dioxide
(SO2), oxides of nitrogen (NOX), volatile organic
compounds and other pollutants that may cause or contribute to
visibility impairment. Others potentially affected indirectly by this
proposed rule include members of the general public who live, work or
recreate nearby or in mandatory Class I areas affected by visibility
impairment. Because emissions sources that contribute to visibility
impairment in Class I areas also may contribute to air pollution in
other areas, members of the general public may also be affected by this
proposed rulemaking.
C. What should I consider as I prepare my comments for the EPA?
When submitting comments, remember to identify the rulemaking
docket by docket number and other identifying information (such as
subject heading and Federal Register date and page number). Commenters
should follow directions described in the proposed rule by responding
to specific questions or by organizing comments by referencing a Code
of Federal Regulations (CFR) part or section number. Commenters should
also explain why they agree or disagree, suggest alternatives, or
substitute language for requested changes. To support comments,
described any assumptions and provide any technical information and/or
data that you used to support your comment. If you estimate potential
costs or burdens, explain how you arrived at your estimate in
sufficient detail to allow for it to be reproduced. Please provide
specific examples to illustrate your concerns wherever possible,
suggest alternatives, and explain your views as clearly as possible
while avoiding profanity or personal threats. Finally, make sure to
submit your comments by the comment period deadline.
Please note that this proposed rulemaking is narrow in scope.
Please focus your comments on only those sections of the CFR affected
by our proposed changes. Comments that are outside the scope of this
proposed action will not be considered.
D. Where can I obtain a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this Federal Register document will be posted at https://www.epa.gov/visibility.
E. How is this Federal Register document organized?
The information presented in this document is organized as follows:
I. Public Participation
II. General Information
A. Preamble Glossary of Terms and Acronyms
B. Does this action apply to me?
C. What should I consider as I prepare my comments for the EPA?
D. Where can I obtain a copy of this document and other related
information?
E. How is this Federal Register document organized?
III. What action is the EPA proposing to take?
IV. What is the background for the EPA's proposed action?
A. Regional Haze
B. Requirements for Regional Haze SIPs for the Second
Implementation Period
V. Proposed Rule Changes
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
VIII. Statutory Authority
III. What action is the EPA proposing to take?
The EPA is proposing to revise the due date for the next required
regional haze SIP revision from the current due date of July 31, 2028,
to a revised due date of July 31, 2031. The revised SIP due date would
apply to periodic comprehensive State implementation plans developed
for the third regional haze implementation period.\1\ The proposed
change to the third regional haze SIP due date has no effect on prior
due dates for the second \2\ or prior \3\ implementation periods under
the existing Regional Haze Rule. The EPA is also proposing to revise 40
CFR 51.308(f) to clarify that the due date for the fourth
implementation period SIPs will still be due on July 31, 2038. The end
date for the third implementation period is not being revised and will
remain in 2038. Therefore, State plans will remain focused on emissions
reduction measures designed to achieve reasonable progress by 2038, as
required by the current rule. Other than the proposed change to the
next due date for periodic comprehensive SIP revisions (i.e., for those
currently due in 2028) and clarifying the due date for future periodic
comprehensive SIP revisions (i.e., for those that will still be due in
2038), the EPA is proposing no other changes for due dates for future
periodic comprehensive SIP revisions or future progress reports.
---------------------------------------------------------------------------
\1\ While the EPA uses ``implementation period'' in this notice
of proposed rulemaking, we note that ``planning period'' may be used
in other Regional Haze guidance, policy, and rules. The terms may be
used interchangeably and convey the same meaning.
\2\ SIP revisions for the second implementation period were due
July 31, 2021.
\3\ SIPs for the first implementation period were due December
17, 2007.
---------------------------------------------------------------------------
The EPA is proposing a third implementation period deadline change
from July 31, 2028, to July 31, 2031, for several reasons, as described
more fully later in this proposed action. The EPA intends to propose
revisions to the Regional Haze Rule through a notice-and-comment
rulemaking. Once finalized, these revisions would impact the third
implementation period SIPs. The proposed extension rule revisions also
clarify that the due date for the fourth implementation period SIPs
remains 2038 and does not alter the previously established SIP
schedule. The current SIP revision deadline of July 31, 2028, is not
expected to provide States with enough time to develop their
[[Page 104473]]
regional haze SIP revisions to reflect any updated requirements based
on the anticipated forthcoming rule revisions. In addition, extending
the third implementation period SIP due date allows States to obtain
and consider the potential emissions reductions resulting from
implementing other near-term regulatory programs,\4\ including
implementation of measures adopted as part of the regional haze second
implementation period. The SIP due date extension would also allow
States to develop SIP revisions for the third implementation period
that are more integrated with State planning for these other programs.
This was an advantage that was identified in feedback from States over
prior implementation periods and that is anticipated to result in
greater environmental progress than if planning for these multiple
programs were not as well integrated.\5\
---------------------------------------------------------------------------
\4\ This includes programs such as such as the 2015 8-hour Ozone
NAAQS Serious and Severe Area SIPs, implementation of the 2024
annual PM2.5 NAAQS revised standard, CAA section 111(d)
EGU State plans, and CAA section 111(d)--OOOO(c) Oil and Gas State
plans.
\5\ In early 2024, the EPA conducted a series of outreach
webinars to inform stakeholders of EPA's intent to revise the
Regional Haze Rule for the third implementation period. Comments on
potential rule revisions were submitted to a non-regulatory docket
(EPA-HQ-OAR-2023-0262). Many commenters requested that the EPA
extend the third implementation period SIP deadline by 3-5 years
following any major revision of the Regional Haze Rule given that
regional haze SIP development requires many years and States do not
yet know how any major regulatory revisions will impact the SIP
development process. See FN 21 for more information.
---------------------------------------------------------------------------
While the EPA is proposing the specific extended third
implementation period SIP deadline of July 31, 2031, and clarifying the
deadline remains July 31, 2038 for the fourth implementation period
SIPs, the EPA is also soliciting comment on alternative deadline
options for the third implementation period Haze SIPs. Commenters may
suggest alternate deadline options for the third implementation period
regional haze SIP revisions by submitting alternatives to Docket ID No.
EPA-HQ-OAR-2023-0262 at https://www.regulations.gov. If commenters
provide feedback identifying a date other than July 31, 2031, the EPA
asks that comments also include the specific basis and/or rationale for
the identified date.
IV. What is the background for the EPA's proposed action?
A. Regional Haze
Regional haze is visibility impairment that is produced by a
multitude of sources and activities that are located across a broad
geographic area and emit PM10, PM2.5 (e.g.,
sulfates, nitrates, organic carbon, elemental carbon and soil dust) and
their precursors (e.g., SO2, NOX and, in some
cases, ammonia and volatile organic compounds). Fine particle
precursors react in the atmosphere to form PM2.5, which
impairs visibility by scattering and absorbing light. This light
scattering reduces the clarity, color and visible distance that one can
see. Particulate matter can also cause serious health effects in humans
(including premature death, heart attacks, irregular heartbeat,
aggravated asthma, decreased lung function and increased respiratory
symptoms) and contribute to environmental effects such as acid
deposition and eutrophication.
B. Requirements for Regional Haze SIPs for the Second Implementation
Period
In 2017, the EPA revised the Regional Haze Rule (2017 RHR) to
clarify States' obligations and streamline certain regional haze
requirements for the second implementation period.\6\ These revisions
to the regional haze program focused on the requirement that States'
SIPs contain long-term strategies for making reasonable progress
towards the national visibility goal. These reasonable progress
requirements as revised in the 2017 rulemaking are codified at 40 CFR
51.308(f). Among other changes, the 2017 RHR adjusted the deadline for
States to submit their second implementation period SIPs,\7\ clarified
the order of analysis and the relationship between the reasonable
progress goals and the long-term strategy and focused on making
visibility improvements on the days with the most anthropogenic
visibility impairment, as opposed to the days with the most visibility
impairment overall. The EPA also revised requirements of the visibility
protection program related to periodic progress reports and FLM
consultation.
---------------------------------------------------------------------------
\6\ 82 FR 3078 (January 10, 2017).
\7\ The 2017 RHR extended the deadline to submit second
implementation period SIPs from July 31, 2018, to July 31, 2021. Id.
at 3116-3118.
---------------------------------------------------------------------------
Currently, 40 CFR 51.308(f) requires States to submit periodic
comprehensive revisions of implementation plans (referred to in this
document as periodic comprehensive SIP revisions) addressing regional
haze visibility impairment by no later than July 31, 2021, July 31,
2028, and every 10 years thereafter. All 50 States, the District of
Columbia, and the U.S. Virgin Islands are required to submit regional
haze SIPs satisfying the applicable requirements for the second
implementation period of the regional haze program. Each SIP must
contain a long-term strategy for making reasonable progress toward
meeting the national goal of remedying any existing and preventing any
future anthropogenic visibility impairment in Class I areas.\8\ To this
end, 40 CFR 51.308(f) lays out the process by which States determine
what constitutes their long-term strategies, with the order of the
requirements in 40 CFR 51.308(f)(1) through (3) generally mirroring the
order of the steps in the reasonable progress analysis \9\ and 40 CFR
51.308(f)(4) through (6) containing additional, related requirements.
In addition to satisfying the requirements at 40 CFR 51.308(f) related
to reasonable progress, the regional haze SIP revisions for the second
implementation period must address the requirements in 40 CFR
51.308(g)(1) through (5) pertaining to periodic reports describing
progress towards the reasonable progress goals (RPGs), 40 CFR
51.308(f)(5), as well as requirements for FLM consultation that apply
to all visibility protection SIPs and SIP revisions.\10\
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\8\ CAA 169A(b)(2)(B).
\9\ The EPA explained in the 2017 RHR Revisions that we were
adopting new regulatory language in 40 CFR 51.308(f) that, unlike
the structure in 51.308(d), ``tracked the actual planning
sequence.'' (82 FR 3091, January 10, 2017).
\10\ 40 CFR 51.308(i).
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For additional background on the EPA's regional haze program and
the 2017 RHR revisions, please refer to Section III. Overview of
Visibility Protection Statutory Authority, Regulation, and
Implementation of ``Protection of Visibility: Amendments to
Requirements for State Plans'' of the 2017 RHR.\11\
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\11\ See 82 FR 3078 (January 10, 2017, located at https://www.federalregister.gov/documents/2017/01/10/2017-00268/protection-of-visibility-amendments-to-requirements-for-State-plans#h-16).
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V. Proposed Rule Changes
The EPA has announced its intention to revise the Regional Haze
Rule, in part to incorporate lessons learned from the implementation of
the rule in the second implementation period. Given that such revisions
have not yet been proposed, we are proposing to extend the SIP due date
timeline to avoid a situation where the rule revisions are finalized
too close in time to the existing timeline, resulting in State
inability to meet that timeline. Therefore, we are proposing to extend
the SIP deadline in anticipation that it will be necessary to provide
States with sufficient time to take potential revisions into account
when developing their SIPs. Indeed, we expect that extending the
deadline to align with the
[[Page 104474]]
forthcoming Regional Haze Rule revisions will result in a more
effective program in terms of achieving the goal of improved visibility
in Class I areas by aligning programmatic objectives with an
opportunity for holistic air quality planning approaches across
multiple criteria air pollutants. In addition, we are also proposing
revisions that would clarify that the fourth implementation plans are
still due on July 31, 2038, and do not significantly alter the
originally intended SIP revision schedule.
Extension of the Next Regional Haze SIP Deadline From 2028 to 2031
The EPA is proposing to amend 40 CFR 51.308(f) to extend the
compliance deadline for the third periodic comprehensive SIP revisions
from July 31, 2028, to July 31, 2031. We are also proposing revisions
to clarify that the compliance deadline for the fourth periodic
comprehensive SIP revisions is still July 31, 2038. Periodic
comprehensive SIP revisions for the third implementation period would
be due on July 31, 2031, SIP revisions for the fourth implementation
period would be due on July 31, 2038, and future periodic comprehensive
SIP revisions would be due every 10 years thereafter. The EPA is not
proposing to change the end date for the third implementation period,
which will remain 2038 regardless of when States submit their SIP
revisions. The EPA is also not proposing to amend the due date for
third implementation period progress reports, which remain due in 2033.
The EPA is within its statutory authority to propose this deadline
extension.\12\ First, the EPA's proposal to extend the third
implementation period's submission deadline by 3 years will not impact
the EPA's statutory duty to ensure that reasonable progress towards
natural visibility is being made at Class I areas. Section 169A(a)(4)
of the CAA requires the EPA to promulgate regulations to assure (1)
reasonable progress toward meeting the national goal of preventing any
future and remedying any existing visibility impairment; and (2)
compliance with other regional haze requirements. Then, CAA section
169A(b) generally outlines what EPA must cover in those regulations.
Under CAA section 169A(b)(2)(B), regional haze SIP submissions must
include, among other things, a long-term, 10-to-15-year, strategy for
making reasonable progress toward meeting the national goal. Although
second implementation period SIPs were initially due in 2018, when the
EPA extended that deadline to 2021,\13\ the second implementation
period still ended in 2028. Therefore, the third implementation
period's long-term strategy could end anywhere between 2038-2043.
However, as outlined in this proposal, the EPA is proposing for the SIP
submission deadline to be 2031, with the third implementation period
still ending in 2038. Therefore, the timing of third implementation
period SIPs will still allow for a long-term strategy that meets the
statutory requirements and will not elongate the third implementation
period. This is especially true given that the due date for the fourth
periodic comprehensive SIP revisions is still July 31, 2038.
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\12\ The EPA is authorized to promulgate the Regional Haze Rule
under CAA sections 110, 114, 121, 160-169, and 169A.
\13\ 82 FR 3078 at 30116-3118 (January 10, 2017).
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The EPA acknowledges that extending the deadline to submit third
implementation SIPs by three years will also extend the timeframe for
additional measures to be added to the State's long-term strategy by
three years. However, between 2028 and 2031, existing regional haze
implementation plans that include measures deemed necessary for
reasonable progress for the first two implementation periods will
continue to be in place. Additionally, if a State would ever wish to
revise those measures being implemented under its current SIP, the
State would have to submit a SIP revision for EPA review. In that
review, the EPA is obligated to ensure, inter alia, that such a
revision does not contribute to an increase in anthropogenic visibility
impairment in any Class I area. Therefore, despite EPA's proposed 3-
year extension, the measures deemed necessary for reasonable progress
during the first two implementation periods will continue to ensure
reasonable progress from 2028 to 2031 and beyond, unless the State
submits a SIP revision.
Under the current rule, when determining what is necessary for
reasonable progress within a given implementation period, States must
consider the four statutory factors under CAA section 169(A)(g)(1).\14\
However, before considering the four statutory factors, States must
conduct photochemical modeling and/or other technical analyses to
estimate their contributions of anthropogenic visibility impairment in
various Class I areas nationwide. States then select sources for
analysis under the four statutory factors to determine if new controls
are necessary or if existing controls suffice to make reasonable
progress and justify their decisions within their SIP. As discussed
later in this section, States have indicated that it may take 4 years
to complete this work. Providing States sufficient time to develop
meaningful and comprehensive SIPs that address visibility improvement
goals ultimately helps ensure that the SIPs contain measures that are
necessary for reasonable progress and will in fact make progress
towards the national goal of eliminating existing and preventing future
visibility impairment.
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\14\ In determining what measures are necessary for reasonable
progress, States must consider the cost of compliance, the time
necessary for compliance, the energy and nonair quality
environmental impacts of compliance, and the remaining useful life
of any existing source subject to such requirements (CAA section
169A(g)(1)).
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Furthermore, while SIP development schedules can vary State-to-
State, regional haze SIPs often take longer than 2 years to develop due
to modeling and technical analyses that are performed up front, prior
to SIP development. As an example, the most recent Regional Haze Rule
revisions were published in January 2017 and gave States approximately
4.5 years from the publication date to submit final SIP revisions.\15\
Even with the 4-year notice, only 8 (out of 52 required) States
submitted SIPs by the July 31, 2021, compliance deadline for the second
implementation period. Multiple States claimed that the 4-year window
was an insufficient period of time in which to develop legally
compliant SIPs.\16\ While the EPA believes that States were given a
reasonable amount of time to develop and submit their SIPs for the
second implementation period, it is clear that States need time beyond
the current 2028 deadline to complete the necessary technical work
(which often includes photochemical modeling, as discussed earlier in
this section), make appropriate and reasonable decisions on the content
of their long-term strategies, fully document the work in a SIP
submittal, satisfy the FLM consultation and public comment
requirements, and sometimes lengthy State legislative requirements.
Based on this past experience, we estimate that States will need
approximately 4 years to complete this work. Given the current rule
revisions schedule, that aligns with a 2031 third implementation period
SIP due date.
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\15\ See 40 CFR 51.308(f): ``Each State identified in Sec.
51.300(b) must revise and submit its regional haze implementation
plan revision to EPA by July 31, 2021, July 31, 2028, and every 10
years thereafter . . .''
\16\ See comments submitted to our non-regulatory docket (EPA-
HQ-OAR-2023-0262), available at https://www.regulations.gov/.
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Finally, extending the regional haze SIP due date will also allow
States to coordinate regional haze planning with other CAA regulatory
program planning,
[[Page 104475]]
including but not limited to the 2015 8-hr Ozone NAAQS Serious Area and
Severe Area SIPs,\17\ implementation of the 2024 annual
PM2.5 NAAQS revised standard,\18\ CAA section 111(d)
electric generating unit (EGU) State Plans,\19\ and CAA section
111(d)--OOOO(c) Oil and Gas State Plans.\20\ With this proposed
extension, States would be able to gather more information on the
effects of these programs and develop periodic comprehensive SIP
revisions that are more integrated with State planning for these other
programs, an advantage that has been identified by States in comments
submitted to the non-regulatory docket.21 22 The Regional
Haze Rule requires States to address the impacts of other regulatory
programs when developing their regional haze SIPs and States have
stressed the importance of coordination between programs. A number of
other regulatory programs will be taking effect in the coming years,
which presents a strategic opportunity for States to coordinate their
strategies to address significant sources of emissions. The EPA expects
this cross-program coordination to lead to better overall policies and
enhanced environmental protection.
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\17\ See 83 FR 10376.
\18\ See 89 FR 16202.
\19\ See 88 FR 80480.
\20\ Id.
\21\ In early 2024, the EPA solicited feedback from interested
parties on revisions to the Regional Haze Rule to improve
implementation of the regional haze third, and possibly later,
implementation period SIPs in advance of proposing rule revisions.
To facilitate this effort, the EPA conducted a series of
informational public webinars intended to help the public consider
different aspects of the current Regional Haze Rule relating to how
key aspects of the program could be implemented in future
implementation periods. Following the public webinar series, we
invited interested parties to submit comments and feedback to a non-
regulatory docket (EPA-HQ-OAR-2023-0262).
\22\ See comments submitted to our non-regulatory docket (EPA-
HQ-OAR-2023-0262), available at https://www.regulations.gov/.
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With this in mind, we are proposing this SIP due date extension for
several reasons. First, the EPA has indicated its intent to develop a
rulemaking that may substantively revise aspects of the Regional Haze
Rule, which would impact the third implementation period SIPs, and
possibly into future implementation periods. The public can track the
EPA's progress on rulemakings through the EPA's Regulatory Agenda,
which generally includes regulatory timelines.\23\ Therefore, the
current SIP revision deadline of July 31, 2028, will likely not provide
States sufficient time to thoughtfully develop their regional haze SIP
revisions to reflect any updated requirements based on the anticipated
timing of the forthcoming rule revisions. At this time, it is premature
to explain how the current requirements in 40 CFR 51.308(f) will
change; however, the EPA acknowledges that it has announced an
intention to revise the Regional Haze Rule for purposes of the third
implementation period on a timeline that is likely not consistent with
the current third implementation period SIP due date, as previously
described.
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\23\ EPA's Regulatory Agenda may be accessed through the
following website: https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans.
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VI. Environmental Justice Considerations
When finalized, the proposed regulation will revise procedural and
timing aspects of the SIP requirements for visibility protection but
will not change the requirement that SIPs provide for reasonable
progress towards the goal of natural visibility conditions consistent
with the CAA timeline. Additionally, when finalized, the proposed
revision will apply a new timeline for SIP submission that will affect
all States.
The EPA acknowledges that the proposed delay in submitting SIP
revisions from 2028 to 2031 might cause delays in when sources must
comply with any new requirements. However, because neither the CAA nor
the existing Regional Haze Rule set specific deadlines for when sources
must comply with any new requirements in a State's next periodic
comprehensive SIP revision, States have substantial discretion in
establishing reasonable compliance deadlines for measures in their
SIPs. Given this, we expect to see a range of compliance deadlines in
the next round of regional haze SIPs from early in the third
implementation period to 2038, depending on the types of measures
adopted, whether or not these proposed rule changes are finalized.
Thus, the EPA believes the delay in the periodic comprehensive SIP
revision submission deadline from 2028 to 2031 will not meaningfully
reduce the overall progress towards better visibility made by the end
of 2038 and will not meaningfully adversely affect environmental
protection for all general segments of the population.
Since the revision applies nationally, the EPA anticipates there
may be areas impacted where conditions exist that have the potential to
result in disproportionate and adverse effects on communities with
environmental justice concerns. However, it is not practicable to
provide any more detailed assessment. Nonetheless, the EPA offered
meaningful engagement related to today's proposal above and beyond
minimum notice and comment rulemaking obligations. For example, today's
proposal was preceded by seeking comment on a wide array of issues
related to the implementation of the Regional Haze Program. EPA did
this through the opening of a non-regulatory docket, which occurred on
March 28, 2024, and will close December 31, 2024.\24\ So far, the EPA
has received 32 comments from different perspectives. Many of the
comments requested and supported the action being proposed today.
Consistent with legal requirements, the EPA is now seeking comment on
this specific proposal as well.
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\24\ This docket will be open for public comment from March 28,
2024, to December 31, 2024, however, comments received after June
28, 2024, will be considered late and EPA may be unable to consider
comments received after this date.
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VII. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0704. This action simply proposes to extend the SIP
due date. The burden associated with developing and submitting SIPs is
covered in the existing information collection request. This action
does not impose an information collection burden because it does not
create an obligation for Regional offices, States, or sources to submit
new information to the EPA.
C. Regulatory Flexibility Act
This action will not have a significant economic impact on a
substantial number of small entities under the RFA. This action will
not impose any requirements on small entities. Small entities are not
subject to the requirements of this rule.
[[Page 104476]]
D. Unfunded Mandates Reform Act
I certify that this action does not contain an unfunded mandate as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any State, local or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. It would not have a substantial direct effect on
one or more Indian Tribes. Furthermore, these proposed regulation
revisions do not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian Tribes. The
CAA and the TAR establish the relationship of the Federal government
and Tribes in characterizing air quality and developing plans to
protect visibility in Class I areas. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk. Since this action does not
concern human health, the EPA's Policy on Children's Health also does
not apply.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. This action revises a procedural
requirement--a deadline for submission of a SIP requirement, for all
States, the District of Columbia, and the U.S. Virgin Islands. Neither
the CAA nor the RHR require States to conduct an evaluation of
environmental justice when preparing a Haze SIP, although the EPA
encourages States to consider whether there may be equity and
environmental justice considerations when developing a Haze SIP. This
proposed rulemaking only proposes to extend the SIP deadline for the
third implementation period. It does not revise or impose new
requirements regarding the development of a Haze SIP. For these
reasons, the EPA believes that it is not practicable to assess whether
this action is likely to result in new disproportionate and adverse
effects on communities with environmental justice concerns. As was
explained in this action, the EPA provided for meaningful outreach and
engagement through the opening of a nonregulatory docket and receipt of
feedback, including feedback being considered as part of this proposed
rulemaking.
VIII. Statutory Authority
The statutory authority for this action is provided by 42 U.S.C.
7403, 7407, 7410 and 7491(A)(b).
List of Subjects in 40 CFR Part 51
Environmental protection, administrative practice and procedure,
air pollution control, nitrogen dioxide, particulate matter, sulfur
oxides, transportation, volatile organic compounds.
Michael S. Reagan,
Administrator.
For the reasons stated in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
0
2. Amend Sec. 51.308 by revising paragraph (f) introductory text, to
read as follows:
Sec. 51.308 Regional haze program requirements.
* * * * *
(f) Requirements for periodic comprehensive revisions of
implementation plans for regional haze. Each State identified in Sec.
51.300(b) must revise and submit its regional haze implementation plan
revision to EPA by July 31, 2021, July 31, 2031, July 31, 2038, and
every 10 years thereafter. The plan revision due on or before July 31,
2021, must include a commitment by the State to meet the requirements
of paragraph (g) of this section. In each plan revision, the State must
address regional haze in each mandatory Class I Federal area located
within the State and in each mandatory Class I Federal area located
outside the State that may be affected by emissions from within the
State. To meet the core requirements for regional haze for these areas,
the State must submit an implementation plan containing the following
plan elements and supporting documentation for all required analyses:
* * * * *
[FR Doc. 2024-30212 Filed 12-20-24; 8:45 am]
BILLING CODE 6560-50-P
