Environmental Protection Agency (EPA).
Proposed rule.
The Environmental Protection Agency (EPA) is proposing approval of a revision to the West Virginia State Implementation Plan (SIP) submitted by the State of West Virginia (West Virginia) through the West Virginia Department of Environmental Protection (WVDEP). West Virginia's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze SIP). EPA is proposing approval of West Virginia's SIP revision on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.
Comments must be received on or before April 14, 2014.
Submit your comments, identified by Docket ID Number EPA–R03–OAR–2013–0423, by one of the following methods:
A.
B.
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D.
Asrah Khadr, (215) 814–2071, or by email at
States are required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which may be affected by emissions from within the state.
On April 30, 2013, West Virginia submitted, as a SIP revision (progress report SIP), a report on progress made in the first implementation period towards RPGs for Class I areas in West Virginia and Class I areas outside West Virginia that are affected by emissions from West Virginia's sources. This progress report SIP included a determination that West Virginia's existing regional haze SIP requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. EPA is proposing to approve West Virginia's progress report SIP on the basis that it satisfies the requirements of 40 CFR 51.308(g) and 51.308(h).
Under 40 CFR 51.308(g), states must submit a regional haze progress report as a SIP revision every five years and must address, at a minimum, the seven elements found in 40 CFR 51.308(g). As described in further detail in section III of this rulemaking action, 40 CFR 51.308(g) requires: (1) A description of the status of measures in the approved regional haze SIP; (2) a summary of emissions reductions achieved; (3) an assessment of visibility conditions for each Class I area in the state; (4) an analysis of changes in emissions from sources and activities within the state; (5) an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded progress in Class I areas impacted by the state's sources; (6) an assessment of the sufficiency of the approved regional haze SIP; and (7) a review of the state's visibility monitoring strategy.
Under 40 CFR 51.308(h), states are required to submit, at the same time as the progress report SIP, a determination of the adequacy of their existing regional haze SIP and to take one of four possible actions based on information in the progress report. As described in further detail in section III of this rulemaking action, 40 CFR 51.308(h) requires states to either: (1) Submit a negative declaration to EPA that no further substantive revision to the state's existing regional haze SIP is needed; (2) provide notification to EPA (and other state(s) that participated in the regional planning process) if the state determines that its existing regional haze SIP is or may be inadequate to ensure reasonable progress at one or more Class I areas due to emissions from sources in other state(s) that participated in the regional planning process, and collaborate with these other state(s) to develop additional strategies to address deficiencies; (3) provide notification with supporting information to EPA if the state determines that its existing regional haze SIP is or may be inadequate to ensure reasonable progress at one or more Class I areas due to emissions from sources in another country; or (4) revise its regional haze SIP to address deficiencies within one year if the state determines that its existing regional haze SIP is or may be inadequate to ensure reasonable progress in one or more Class I areas due to emissions from sources within the state.
The West Virginia progress report SIP revision addresses progress made towards RPGs of Class I areas in West Virginia and Class I areas outside West Virginia that are affected by emissions from West Virginia's sources. This progress report SIP also includes a determination of the adequacy of West Virginia's existing regional haze SIP.
West Virginia has two Class I areas within its borders: Dolly Sods Wilderness Area (Dolly Sods) and Otter Creek Wilderness Area (Otter Creek). West Virginia mentions in the progress report SIP that West Virginia sources were also identified, through an area of influence modeling analysis based on back trajectories, as potentially impacting six Class I areas in five neighboring states: Brigantine Wilderness in New Jersey; Great Smoky Mountains National Park in North Carolina and Tennessee; James River Face in Virginia; Linville Gorge in North Carolina; Monmouth Cave National Park in Kentucky; and Shenandoah National Park in Virginia.
This section summarizes each of the seven elements that must be addressed by the progress report under the provisions of 40 CFR 51.308(g); how West Virginia's progress report SIP addressed each element; and EPA's analysis and proposed determination as to whether West Virginia satisfied each element.
The provisions under 40 CFR 51.308(g)(1) require a description of the status of implementation of all measures included in the regional haze SIP for achieving RPGs for Class I areas both within and outside the state. West Virginia evaluated the status of all measures included in its 2008 regional haze SIP in accordance with the requirements under 40 CFR 51.308(g)(1). Specifically, in its progress report SIP, West Virginia summarizes the status of the emissions reduction measures that were included in the final iteration of the Visibility Improvement—State and Tribal Association of the Southeast (VISTAS) regional haze emissions inventory and RPG modeling. West Virginia also discusses the status of those measures that were not included in the final VISTAS emissions inventory and were not relied upon in the initial regional haze SIP to meet RPGs. West Virginia notes that the emissions reductions from these measures, which are relied upon for reasonable progress, will help ensure Class I areas impacted by West Virginia sources achieve their RPGs. The measures include applicable Federal programs (e.g., mobile source rules, Maximum Achievable Control Technology (MACT) standards, Federal consent agreements, and Federal and state control strategies for electric generating units (EGUs) such as CAIR, CSAPR, and state multi-pollutant regulations for EGUs). West Virginia's summary includes a discussion of the benefits associated with each measure and quantifies those benefits wherever possible. In instances where implementation of a measure did not occur on schedule, information is provided on the source category and the measure's relative impact on the overall future year emissions inventories. The progress report SIP also discusses the status and implementation of the best available retrofit technology (BART) determinations for BART sources in West Virginia, and the implementation status of BART for a source in a neighboring state. Finally, West Virginia's progress report SIP discusses implementation of regulations and requirements developed after the original regional haze SIP was prepared which West Virginia asserts will provide extra assurance that West Virginia's Class I areas will meet their RPGs. Some of these regulations and requirements include the Mercury and Air Toxics Standard (MATS) for EGUs, the 2010 sulfur dioxide (SO
In aggregate, as noted later in section III.A of this rulemaking action, West Virginia notes in its submittal that overall SO
EPA proposes to find that West Virginia's analysis adequately addresses the provisions under 40 CFR 51.308(g)(1). West Virginia documents the implementation status of measures from its regional haze SIP such as regulations, Federal consent decrees, and BART determinations in addition to describing additional measures that came into effect since the VISTAS analysis for the West Virginia regional haze SIP was completed, including new regulations for EGUs, Federal consent decrees, and unanticipated plant shutdowns. West Virginia's progress report also describes significant measures resulting from EPA regulations other than the regional haze program as they pertain to West Virginia sources. The progress report SIP highlights the effect of several Federal control measures both nationally and in the VISTAS region, and when possible, in West Virginia.
West Virginia's progress report discusses the status of key control measures that were relied upon in the first implementation period to make reasonable progress. In its regional haze SIP, West Virginia identified SO
Regarding the status of BART and reasonable progress control requirements for sources in West Virginia, EPA finds the progress report SIP adequately reviews the status of West Virginia's BART sources and the one source that required further analysis to meet reasonable progress requirements by mentioning that controls are currently operational at these sources or that units have been shut down. Because West Virginia found no additional controls to be reasonable for the first implementation period for sources evaluated for reasonable progress in West Virginia, no further discussion of the status of controls was necessary in the progress report SIP. EPA proposes to conclude that West Virginia has adequately addressed the status of control measures in its regional haze SIP as required by the provisions under 40 CFR 51.308(g)(1) by discussing the status of key measures that were relied upon in the first implementation period to make reasonable progress.
The provisions under 40 CFR 51.308(g)(2) require a summary of the emissions reductions achieved in the state through the measures subject to the requirements under 40 CFR 51.308(g)(1). In its regional haze SIP and progress report SIP, West Virginia focuses its assessment on the largest contributor to visibility impairment, SO
Overall, West Virginia states SO
While heat input to West Virginia's EGUs has decreased approximately 17.7% from 2002 to 2011, West Virginia states in its progress report SIP that SO
EPA proposes to conclude that West Virginia has adequately addressed the requirements under 40 CFR 51.308(g)(2) with its summary of the large emissions reductions, particularly in SO
The provisions under 40 CFR 51.308(g)(3) require that states with Class I areas provide the following information for the most impaired and least impaired days for each area, with values expressed in terms of five-year averages of these annual values:
EPA finds the difference between current and baseline visibility and the five-year rolling averages for the most impaired (20% worst) and least impaired (20% best) days at both West Virginia Class I areas indicates that visibility has significantly improved since the implementation of West Virginia's regional haze SIP. The data submitted by West Virginia shows that there has been a dramatic visibility improvement during the implementation of the 2008 regional haze SIP. Analysis of visibility data provided by West Virginia shows that Dolly Sods and Otter Creek are on the glidepath to achieving natural visibility conditions in 2064.
EPA finds West Virginia provided the required information regarding visibility conditions and changes to meet the requirements under 40 CFR 51.308(g)(3), specifically providing current conditions based on the latest available Interagency Monitoring of Protected Visual Environments (IMPROVE) monitoring data, the difference between current visibility conditions and baseline visibility conditions, and the change in visibility impairment over the most recent five-year period for which data were available at the time of the progress report SIP development. Given the visibility improvement in West Virginia's Class I areas, EPA finds West Virginia's assessment that it is on track to meet RPGs by 2018 to be reasonable. EPA proposes to conclude that West Virginia has adequately addressed the requirements under 40 CFR 51.308(g)(3).
The provisions under 40 CFR 51.308(g)(4) require an analysis tracking emissions changes of visibility-impairing pollutants from the state's sources by type or category over the past five years based on the most recent updated emissions inventory. In its progress report SIP, West Virginia presents emissions inventories for 2002, 2007, 2009, and 2018 in accordance with the requirements of 40 CFR 51.308(g)(4). The progress report SIP includes West Virginia's baseline emissions inventory from 2002 and estimated emissions inventories for 2009 and 2018. West Virginia's progress report SIP includes the 2007 emissions inventory prepared by the Southeastern Modeling, Analysis, and Planning (SEMAP) project, which was funded by EPA and the ten states in VISTAS.
The pollutants inventoried include VOCs, NO
Additionally, West Virginia documented the substantial emissions reductions in SO
The provisions under 40 CFR 51.308(g)(5) require an assessment of any significant changes in anthropogenic emissions within or outside the state that have occurred over the past five years that have limited or impeded progress in reducing pollutant emissions and improving visibility in Class I areas impacted by the state's sources. In its progress report SIP, West Virginia states that sulfates continue to be the biggest single contributor to regional haze at Dolly Sods and Otter Creek. Accordingly, West Virginia focused its analysis on addressing large SO
EPA proposes to find that West Virginia has adequately addressed the provisions under 40 CFR 51.308(g)(5). West Virginia adequately demonstrated that there has been significant improvement in visibility in its Class I areas. West Virginia also adequately demonstrated that there has been a significant decrease in sulfates' contribution to visibility impairment. West Virginia's progress report SIP demonstrates that there are no significant changes in emissions that have impeded its progress in reducing emissions or in improving visibility in the Class I areas within West Virginia or impacted by West Virginia sources. Furthermore, the progress report SIP shows that the State is on track to meeting its 2018 RPGs for Dolly Sods and Otter Creek.
The provisions under 40 CFR 51.308(g)(6) require an assessment of whether the current regional haze SIP is sufficient to enable the state, or other states, to meet the RPGs for Class I areas affected by emissions from the state. In its progress report SIP, West Virginia states that it believes that the elements and strategies outlined in its original 2008 regional haze SIP are sufficient to enable West Virginia and other neighboring states to meet all the established RPGs. To support this conclusion, West Virginia presents visibility data for all Class I areas inside and outside of the state that are impacted by West Virginia sources. The impacted Class I areas include two areas in West Virginia (Dolly Sods and Otter Creek) and six areas in neighboring states. The impacted Class I areas outside of West Virginia are Brigantine Wilderness in New Jersey; Great Smoky Mountains National Park in North Carolina and Tennessee; James River Face in Virginia, Linville Gorge in North Carolina; Monmouth Cave National Park in Kentucky; and Shenandoah National Park in Virginia. The visibility data provided by West Virginia for Dolly Sods and Otter Creek show that those areas are on track to achieving their 2018 RPGs. Additionally, West Virginia expects SO
EPA proposes to conclude that West Virginia has adequately addressed the requirements of 40 CFR 51.308(g)(6). EPA views this requirement as a qualitative assessment that should evaluate emissions and visibility trends and other readily available information, including expected emissions reductions associated with measures with compliance dates that have not yet become effective. West Virginia referenced the improving visibility trends with appropriately supported data and referenced the downward emissions trends with a focus on SO
The provisions under 40 CFR 51.308(g)(7) require a review of a state's visibility monitoring strategy and an assessment of whether any modifications to the monitoring strategy are necessary. In its progress report SIP, West Virginia summarizes the existing monitoring network at Dolly Sods and Otter Creek and discusses its intended continued reliance on the IMPROVE monitoring network for its visibility planning. West Virginia also mentions its PM
EPA proposes to conclude that West Virginia has adequately addressed the sufficiency of its monitoring strategy as required by the provisions under 40 CFR 51.308(g)(7). West Virginia reaffirmed its continued reliance upon the IMPROVE monitoring network and discussed its additional PM
Under 40 CFR 51.308(h), states are required to take one of four possible actions based on the information gathered and conclusions made in the progress report SIP. The following section summarizes: the action taken by West Virginia under 40 CFR 51.308(h); West Virginia's rationale for the selected action; and EPA's analysis and proposed determination regarding the West Virginia's action.
In its progress report SIP, West Virginia submitted a negative declaration that it had determined that the existing regional haze SIP requires no further substantive revision to achieve the RPGs for Class I areas affected by West Virginia's sources. The basis for the negative declaration is the findings from the progress report (as discussed in section III of this rulemaking action), including the findings that: Visibility data has improved at Dolly Sods and Otter Creek; SO
EPA is proposing to approve West Virginia's regional haze five-year progress report SIP revision, submitted on April 30, 2013, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and 51.308(h).
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501
• 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
• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);
• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule to approve West Virginia's regional haze progress report SIP revision does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
42 U.S.C. 7401