### 297 Environmental Protection Agency § 51.308

of any affected existing source and equipment therein.

[45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35764, 35774, July 1, 1999]

§ 51.307 New source review.

(a) For purposes of new source review of any new major stationary source ormajor modification that would be constructed in an area that is designated
attainment or unclassified under section 107(d)(1)(D) or (E) of the CAA, the State plan must, in any review under§51.166 with respect to visibility protection and analyses, provide for:

(1) Written notification of all affected Federal Land Managers of any proposed new major stationary source or major modification that may affect visibility in any Federal Class I area.
Such notification must be made inwriting and include a copy of all information relevant to the permit application within 30 days of receipt of and at least 60 days prior to public hearing by the State on the application for permit
to construct. Such notification must include an analysis of the anticipated impacts on visibility in any Federal Class I area,

(2) Where the State requires or receives advance notification (e.g. early consultation with the source prior tosubmission of the application or notification of intent to monitor under §51.166) of a permit application of a source that may affect visibility the State must notify all affected Federal Land Managers within 30 days of such advance notification, and

(3) Consideration of any analysis performed by the Federal Land Manager,provided within 30 days of the notification and analysis required by paragraph (a)(1) of this section, that such proposed new major stationary sourceor major modification may have an adverse impact on visibility in any Federal Class I area. Where the State findsthat such an analysis does not demonstrate to the satisfaction of theState that an adverse impact will result in the Federal Class I area, the State must, in the notice of public hearing, either explain its decision or give notice as to where the explanation
can be obtained. (b) The plan shall also provide for the review of any new major stationary source or major modification:

(1) That may have an impact on any integral vista of a mandatory Class IFederal area, if it is identified in accordance with §51.304 by the FederalLand Manager at least 12 months before submission of a complete permit application, except where the Federal Land Manager has provided notice and opportunity for public comment on the integral vista in which case the review must include impacts on any integral vista identified at least 6 months priorto submission of a complete permit application, unless the State determines under §51.304(d) that the identification
was not in accordance with the identification criteria, or

(2) That proposes to locate in an area
classified as nonattainment under section 107(d)(1)(A), (B), or (C) of the Clean Air Act that may have an impact on visibility in any mandatory Class I
Federal area.

(c) Review of any major stationary source or major modification under paragraph (b) of this section, shall beconducted in accordance with paragraph (a) of this section, and §51.166(o),(p)(1) through (2), and (q). In conducting such reviews the State must
ensure that the source’s emissions will be consistent with making reasonable progress toward the national visibility goal referred to in §51.300(a). The State may take into account the costs of compliance, the time necessary for compliance, the energy and nonairquality environmental impacts of compliance, and the useful life of the

source.

(d) The State may require monitoring of visibility in any Federal ClassI area near the proposed new stationary source or major modification for such purposes and by such means asthe State deems necessary and appropriate.

[45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35765, 35774, July 1, 1999]

§ 51.308 Regional haze program requirements.

(a) What is the purpose of this section? This section establishes requirements


### 298 40 CFR Ch. I (7–1–13 Edition) § 51.308

for implementation plans, plan revisions, and periodic progress reviews to address regional haze.

(b) When are the first implementationplans due under the regional haze program? Except as provided in §51.309(c), each State identified in §51.300(b)(3) must submit, for the entire State, an implementation plan for regional hazemeeting the requirements of paragraphs (d) and (e) of this section no later than December 17, 2007.

(c) [Reserved] (d) What are the core requirements for the implementation plan for regional
haze? 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 which 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 implementationplan containing the following plan elements and supporting documentation for all required analyses:

(1) Reasonable progress goals. For each mandatory Class I Federal area locatedwithin the State, the State must establish goals (expressed in deciviews) that provide for reasonable progress towards achieving natural visibility conditions. The reasonable progress goals mustprovide for an improvement in visibility for the most impaired days over the period of the implementation plan and ensure no degradation in visibility for the least impaired days over the same period.

(i) In establishing a reasonable progress goal for any mandatory Class I Federal area within the State, the
State must:

(A) Consider the costs of compliance, the time necessary for compliance, theenergy and non-air quality environmental impacts of compliance, and the remaining useful life of any potentiallyaffected sources, and include a demonstration showing how these factors
were taken into consideration in selecting the goal.

(B) Analyze and determine the rate ofprogress needed to attain natural visibility conditions by the year 2064. To calculate this rate of progress, the State must compare baseline visibilityconditions to natural visibility conditions in the mandatory Federal Class I
area and determine the uniform rate of visibility improvement (measured indeciviews) that would need to be maintained during each implementation period in order to attain natural visibility conditions by 2064. In establishing the reasonable progress goal,
the State must consider the uniform rate of improvement in visibility and
the emission reduction measures needed to achieve it for the period covered by the implementation plan.

(ii) For the period of the implementation plan, if the State establishes a reasonable progress goal that provides for a slower rate of improvement in visibility than the rate that would be needed to attain natural conditions by 2064, the State must demonstrate, based on the factors in paragraph (d)(1)(i)(A) of this section, that the rate of progress for the implementation plan to attain natural conditions by 2064 is not reasonable; and that the progress goal adopted by the State is reasonable. The State must provide tothe public for review as part of its implementation plan an assessment of thenumber of years it would take to attain natural conditions if visibility improvement continues at the rate ofprogress selected by the State as reasonable.

(iii) In determining whether the State’s goal for visibility improvementprovides for reasonable progress towards natural visibility conditions, the
Administrator will evaluate the demonstrations developed by the State pursuant to paragraphs (d)(1)(i) and (d)(1)(ii) of this section.

(iv) In developing each reasonable progress goal, the State must consultwith those States which may reasonably be anticipated to cause or contribute to visibility impairment in the mandatory Class I Federal area. In any
situation in which the State cannot agree with another such State or groupof States that a goal provides for reasonable progress, the State must describe in its submittal the actions taken to resolve the disagreement. In reviewing the State’s implementation plan submittal, the Administrator will
take this information into account in determining whether the State’s goal for visibility improvement provides for


### 299 Environmental Protection Agency § 51.308

reasonable progress towards natural visibility conditions.

(v) The reasonable progress goals established by the State are not directly enforceable but will be considered by the Administrator in evaluating theadequacy of the measures in the implementation plan to achieve the progress goal adopted by the State.

(vi) The State may not adopt a reasonable progress goal that representsless visibility improvement than is expected to result from implementationof other requirements of the CAA during the applicable planning period.

(2) Calculations of baseline and natural visibility conditions. For each mandatory Class I Federal area located within the State, the State must determinethe following visibility conditions (expressed in deciviews):

(i) Baseline visibility conditions for the most impaired and least impaireddays. The period for establishing baseline visibility conditions is 2000 to 2004. Baseline visibility conditions must be calculated, using available monitoringdata, by establishing the average degree of visibility impairment for the most and least impaired days for each calendar year from 2000 to 2004. The baseline visibility conditions are the average of these annual values. Formandatory Class I Federal areas without onsite monitoring data for 2000– 2004, the State must establish baseline values using the most representative available monitoring data for 2000–2004,
in consultation with the Administrator or his or her designee;

(ii) For an implementation plan thatis submitted by 2003, the period for establishing baseline visibility conditions for the period of the first longterm strategy is the most recent 5-year period for which visibility monitoring data are available for the mandatory Class I Federal areas addressed by the plan. For mandatory Class I Federal areas without onsite monitoring data,
the State must establish baseline values using the most representativeavailable monitoring data, in consultation with the Administrator or his or her designee;

(iii) Natural visibility conditions for the most impaired and least impaired days. Natural visibility conditions must be calculated by estimating the degree of visibility impairment existing under natural conditions for the most impaired and least impaired days,based on available monitoring information and appropriate data analysis techniques; and

(iv)(A) For the first implementation plan addressing the requirements of paragraphs (d) and (e) of this section,the number of deciviews by which baseline conditions exceed natural visibility conditions for the most impaired and least impaired days; or

(B) For all future implementation plan revisions, the number of deciviewsby which current conditions, as calculated under paragraph (f)(1) of thissection, exceed natural visibility conditions for the most impaired and least impaired days.

(3) Long-term strategy for regional
haze. Each State listed in §51.300(b)(3) must submit a long-term strategy thataddresses regional haze visibility impairment for each mandatory Class I
Federal area within the State and for each mandatory Class I Federal area located outside the State which may be affected by emissions from the State. The long-term strategy must include enforceable emissions limitations,compliance schedules, and other measures as necessary to achieve the reasonable progress goals established byStates having mandatory Class I Federal areas. In establishing its longterm strategy for regional haze, theState must meet the following requirements:

(i) Where the State has emissionsthat are reasonably anticipated to contribute to visibility impairment in any mandatory Class I Federal area located in another State or States, the State must consult with the other State(s) in order to develop coordinated emission management strategies. The Statemust consult with any other State having emissions that are reasonably anticipated to contribute to visibility impairment in any mandatory Class I
Federal area within the State.

(ii) Where other States cause or contribute to impairment in a mandatory Class I Federal area, the State must
demonstrate that it has included in itsimplementation plan all measures necessary to obtain its share of the emission reductions needed to meet the


### 300 40 CFR Ch. I (7–1–13 Edition) § 51.308

progress goal for the area. If the State has participated in a regional planning process, the State must ensure it has
included all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process.

(iii) The State must document the technical basis, including modeling, monitoring and emissions information,on which the State is relying to determine its apportionment of emission reduction obligations necessary for achieving reasonable progress in eachmandatory Class I Federal area it affects. The State may meet this requirement by relying on technical analysesdeveloped by the regional planning organization and approved by all State participants. The State must identify the baseline emissions inventory on which its strategies are based. The baseline emissions inventory year is presumed to be the most recent year ofthe consolidate periodic emissions inventory.

(iv) The State must identify all anthropogenic sources of visibility impairment considered by the State in developing its long-term strategy. The State should consider major and minor stationary sources, mobile sources, and

area sources.

(v) The State must consider, at aminimum, the following factors in developing its long-term strategy:

(A) Emission reductions due to ongoing air pollution control programs, including measures to address reasonably attributable visibility impairment;

(B) Measures to mitigate the impacts of construction activities;

(C) Emissions limitations and schedules for compliance to achieve the reasonable progress goal;

(D) Source retirement and replacement schedules;

(E) Smoke management techniquesfor agricultural and forestry management purposes including plans as currently exist within the State for these

purposes;

(F) Enforceability of emissions limitations and control measures; and

(G) The anticipated net effect on visibility due to projected changes inpoint, area, and mobile source emissions over the period addressed by the long-term strategy. (4) Monitoring strategy and other implementation plan requirements. The State must submit with the implementationplan a monitoring strategy for measuring, characterizing, and reporting of regional haze visibility impairment that is representative of all mandatory
Class I Federal areas within the State.This monitoring strategy must be coordinated with the monitoring strategyrequired in §51.305 for reasonably attributable visibility impairment. Compliance with this requirement may bemet through participation in the Interagency Monitoring of Protected VisualEnvironments network. The implementation plan must also provide for the following:

(i) The establishment of any additional monitoring sites or equipment
needed to assess whether reasonable progress goals to address regional haze for all mandatory Class I Federal areas within the State are being achieved.

(ii) Procedures by which monitoring
data and other information are used indetermining the contribution of emissions from within the State to regionalhaze visibility impairment at mandatory Class I Federal areas both within
and outside the State.

(iii) For a State with no mandatory Class I Federal areas, procedures bywhich monitoring data and other information are used in determining the
contribution of emissions from within the State to regional haze visibilityimpairment at mandatory Class I Federal areas in other States.

(iv) The implementation plan mustprovide for the reporting of all visibility monitoring data to the Administrator at least annually for each mandatory Class I Federal area in the State. To the extent possible, the State should report visibility monitoring data electronically.

(v) A statewide inventory of emissions of pollutants that are reasonably anticipated to cause or contribute tovisibility impairment in any mandatory Class I Federal area. The inventory must include emissions for a baseline year, emissions for the most recent year for which data are available,and estimates of future projected emissions. The State must also include a commitment to update the inventory periodically.


### 301 Environmental Protection Agency § 51.308

(vi) Other elements, including reporting, recordkeeping, and other measures, necessary to assess and report on visibility.

(e) Best Available Retrofit Technology (BART) requirements for regional haze visibility impairment. The State mustsubmit an implementation plan containing emission limitations representing BART and schedules for compliance with BART for each BART-eligible source that may reasonably be anticipated to cause or contribute to any impairment of visibility in any mandatory Class I Federal area, unless
the State demonstrates that an emissions trading program or other alternative will achieve greater reasonableprogress toward natural visibility conditions.

(1) To address the requirements forBART, the State must submit an implementation plan containing the following plan elements and include documentation for all required analyses:

(i) A list of all BART-eligible sources
within the State.

(ii) A determination of BART for each BART-eligible source in the State that emits any air pollutant which may reasonably be anticipated to causeor contribute to any impairment of visibility in any mandatory Class I Federal area. All such sources are subject
to BART.

(A) The determination of BART mustbe based on an analysis of the best system of continuous emission control technology available and associated
emission reductions achievable foreach BART-eligible source that is subject to BART within the State. In thisanalysis, the State must take into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution controlequipment in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated
to result from the use of such technology.

(B) The determination of BART for fossil-fuel fired power plants having a total generating capacity greater than 750 megawatts must be made pursuant to the guidelines in appendix Y of this part (Guidelines for BART Determinations Under the Regional Haze Rule).

(C) Exception. A State is not required
to make a determination of BART for
SO 2 or for NO X if a BART-eligible source has the potential to emit lessthan 40 tons per year of such pollutant(s), or for PM 10 if a BART-eligible source has the potential to emit less than 15 tons per year of such pollutant.

(iii) If the State determines in establishing BART that technological oreconomic limitations on the applicability of measurement methodology toa particular source would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, work practice, or other operational standard, or combination thereof, to require the application of BART. Such standard, to the degreepossible, is to set forth the emission reduction to be achieved by implementation of such design, equipment, work practice or operation, and must provide for compliance by means which achieve equivalent results.

(iv) A requirement that each source subject to BART be required to install and operate BART as expeditiously as practicable, but in no event later than5 years after approval of the implementation plan revision.

(v) A requirement that each source subject to BART maintain the control equipment required by this subpart and establish procedures to ensure such equipment is properly operated and
maintained.

(2) A State may opt to implement or require participation in an emissions trading program or other alternative measure rather than to require sources subject to BART to install, operate,
and maintain BART. Such an emissions trading program or other alternative measure must achieve greater reasonable progress than would be achieved through the installation andoperation of BART. For all such emission trading programs or other alternative measures, the State must submit an implementation plan containing the following plan elements
and include documentation for all required analyses:

(i) A demonstration that the emissions trading program or other alternative measure will achieve greater


### 302 40 CFR Ch. I (7–1–13 Edition) § 51.308

reasonable progress than would haveresulted from the installation and operation of BART at all sources subject to BART in the State and covered bythe alternative program. This demonstration must be based on the following:

(A) A list of all BART-eligible
sources within the State.

(B) A list of all BART-eligible sources and all BART source categories covered by the alternative program. The State is not required to include every BART source category or every BART-eligible source within a BARTsource category in an alternative program, but each BART-eligible source inthe State must be subject to the requirements of the alternative program, have a federally enforceable emission limitation determined by the State and approved by EPA as meeting BART inaccordance with section 302(c) or paragraph (e)(1) of this section, or otherwise addressed under paragraphs (e)(1) or (e)(4)of this section.

(C) An analysis of the best system of
continuous emission control technology available and associated emission reductions achievable for each source within the State subject to BART and covered by the alternativeprogram. This analysis must be conducted by making a determination of BART for each source subject to BART and covered by the alternative program as provided for in paragraph (e)(1) ofthis section, unless the emissions trading program or other alternative measure has been designed to meet a requirement other than BART (such asthe core requirement to have a longterm strategy to achieve the reasonable progress goals established byStates). In this case, the State may determine the best system of continuousemission control technology and associated emission reductions for similartypes of sources within a source category based on both source-specific andcategory-wide information, as appropriate.

(D) An analysis of the projected emissions reductions achievable throughthe trading program or other alternative measure.

(E) A determination under paragraph (e)(3) of this section or otherwise based on the clear weight of evidence that the trading program or other alternative measure achieves greater reasonable progress than would be achieved through the installation and operation of BART at the covered

sources.

(ii) [Reserved] (iii) A requirement that all necessary emission reductions take place duringthe period of the first long-term strategy for regional haze. To meet this requirement, the State must provide a detailed description of the emissions trading program or other alternativemeasure, including schedules for implementation, the emission reductions required by the program, all necessaryadministrative and technical procedures for implementing the program, rules for accounting and monitoringemissions, and procedures for enforcement.

(iv) A demonstration that the emission reductions resulting from theemissions trading program or other alternative measure will be surplus tothose reductions resulting from measures adopted to meet requirements of
the CAA as of the baseline date of the
SIP.

(v) At the State’s option, a provision that the emissions trading program or other alternative measure may includea geographic enhancement to the program to address the requirement under§51.302(c) related to BART for reasonably attributable impairment from the pollutants covered under the emissions trading program or other alternative

measure.

(vi) For plans that include an emissions trading program that establishes a cap on total annual emissions of SO 2 or NO X from sources subject to the program, requires the owners and operators of sources to hold allowances orauthorizations to emit equal to emissions, and allows the owners and operators of sources and other entities to purchase, sell, and transfer allowances, the following elements are required concerning the emissions covered by the cap:

(A) Applicability provisions defining the sources subject to the program.
The State must demonstrate that the applicability provisions (including the size criteria for including sources in the program) are designed to prevent


### 303 Environmental Protection Agency § 51.308

any significant potential shifting within the State of production and emissions from sources in the program to sources outside the program. In the case of a program covering sources inmultiple States, the States must demonstrate that the applicability provisions in each State cover essentially the same size facilities and, if source categories are specified, cover the samesource categories and prevent any significant, potential shifting within such States of production and emissions to sources outside the program.

(B) Allowance provisions ensuring that the total value of allowances (intons) issued each year under the program will not exceed the emissions cap (in tons) on total annual emissions from the sources in the program.

(C) Monitoring provisions providing
for consistent and accurate measurements of emissions from sources in the program to ensure that each allowance actually represents the same specifiedtonnage of emissions and that emissions are measured with similar accuracy at all sources in the program. The monitoring provisions must require that boilers, combustion turbines, and cement kilns in the program allowed to
sell or transfer allowances must comply with the requirements of part 75 ofthis chapter. The monitoring provisions must require that other sourcesin the program allowed to sell or transfer allowances must provide emissions information with the same precision,reliability, accessibility, and timeliness as information provided under part 75 of this chapter.

(D) Recordkeeping provisions thatensure the enforceability of the emissions monitoring provisions and otherprogram requirements. The recordkeeping provisions must require thatboilers, combustion turbines, and cement kilns in the program allowed to
sell or transfer allowances must comply with the recordkeeping provisionsof part 75 of this chapter. The recordkeeping provisions must require that other sources in the program allowed
to sell or transfer allowances mustcomply with recordkeeping requirements that, as compared with the recordkeeping provisions under part 75 ofthis chapter, are of comparable stringency and require recording of comparable types of information and retention of the records for comparable periods of time.

(E) Reporting provisions requiring timely reporting of monitoring data with sufficient frequency to ensure theenforceability of the emissions monitoring provisions and other program requirements and the ability to audit the program. The reporting provisions must require that boilers, combustionturbines, and cement kilns in the program allowed to sell or transfer allowances must comply with the reportingprovisions of part 75 of this chapter, except that, if the Administrator is not the tracking system administrator forthe program, emissions may be reported to the tracking system administrator, rather than to the Administrator. The reporting provisions mustrequire that other sources in the program allowed to sell or transfer allowances must comply with reporting requirements that, as compared with the reporting provisions under part 75 ofthis chapter, are of comparable stringency and require reporting of comparable types of information and require comparable timeliness and frequency of reporting.

(F) Tracking system provisions which provide for a tracking system that is publicly available in a secure,
centralized database to track in a consistent manner all allowances and emissions in the program.

(G) Authorized account representative provisions ensuring that the owners and operators of a source designate
one individual who is authorized to represent the owners and operators in all matters pertaining to the trading

program.

(H) Allowance transfer provisions providing procedures that allow timely transfer and recording of allowances,
minimize administrative barriers to the operation of the allowance market, and ensure that such procedures applyuniformly to all sources and other potential participants in the allowance
market.

(I) Compliance provisions prohibiting a source from emitting a total tonnage of a pollutant that exceeds the tonnage


### 304 40 CFR Ch. I (7–1–13 Edition) § 51.308

value of its allowance holdings, including the methods and procedures for determining whether emissions exceed allowance holdings. Such method and procedures shall apply consistently
from source to source.

(J) Penalty provisions providing for mandatory allowance deductions forexcess emissions that apply consistently from source to source. The tonnage value of the allowances deducted shall equal at least three times the tonnage of the excess emissions.

(K) For a trading program that allows banking of allowances, provisions clarifying any restrictions on the use
of these banked allowances.

(L) Program assessment provisionsproviding for periodic program evaluation to assess whether the program is accomplishing its goals and whethermodifications to the program are needed to enhance performance of the program.

(3) A State which opts under 40 CFR 51.308(e)(2) to implement an emissions trading program or other alternative measure rather than to require sources subject to BART to install, operate, and maintain BART may satisfy thefinal step of the demonstration required by that section as follows: If the
distribution of emissions is not substantially different than under BART,
and the alternative measure results in greater emission reductions, then the alternative measure may be deemed to achieve greater reasonable progress. Ifthe distribution of emissions is significantly different, the State must conduct dispersion modeling to determine differences in visibility between BARTand the trading program for each impacted Class I area, for the worst and best 20 percent of days. The modeling would demonstrate ‘‘greater reasonable progress’’ if both of the following two
criteria are met:

(i) Visibility does not decline in any Class I area, and

(ii) There is an overall improvement in visibility, determined by comparing the average differences between BART
and the alternative over all affected
Class I areas.

(4) A State subject to a trading program established in accordance with §52.38 or §52.39 under a Transport Rule Federal Implementation Plan need not require BART-eligible fossil fuel-fired steam electric plants in the State to install, operate, and maintain BARTfor the pollutant covered by such trading program in the State. A State that
chooses to meet the emission reduction requirements of the Transport Rule bysubmitting a SIP revision that establishes a trading program and is approved as meeting the requirements of §52.38 or §52.39 also need not require BART-eligible fossil fuel-fired steam electric plants in the State to install, operate, and maintain BART for thepollutant covered by such trading program in the State. A State may adoptprovisions, consistent with the requirements applicable to the State for atrading program established in accordance with §52.38 or §52.39 under theTransport Rule Federal Implementation Plan or established under a SIP revision that is approved as meeting the requirements of §52.38 or §52.39, fora geographic enhancement to the program to address the requirement under§51.302(c) related to BART for reasonably attributable impairment from thepollutant covered by such trading program in that State.

(5) After a State has met the requirements for BART or implemented emissions trading program or other alternative measure that achieves more reasonable progress than the installation and operation of BART, BART-eligiblesources will be subject to the requirements of paragraph (d) of this section
in the same manner as other sources.

(6) Any BART-eligible facility subject to the requirement under paragraph (e) of this section to install, operate, and maintain BART may apply to the Administrator for an exemption from that requirement. An application for an exemption will be subject to the requirements of §51.303(a)(2)–(h).

(f) Requirements for comprehensive periodic revisions of implementation plans for regional haze. Each State identified in §51.300(b)(3) must revise and submit itsregional haze implementation plan revision to EPA by July 31, 2018 and every ten years thereafter. In each plan revision, the State must evaluate and reassess all of the elements required in paragraph (d) of this section, takinginto account improvements in monitoring data collection and analysis


### 305 Environmental Protection Agency § 51.308

techniques, control technologies, and other relevant factors. In evaluating and reassessing these elements, the State must address the following:

(1) Current visibility conditions for the most impaired and least impaireddays, and actual progress made towards natural conditions during the previous implementation period. The period for calculating current visibility conditions is the most recent five year period preceding the required date of the implementation plan submittal for
which data are available. Current visibility conditions must be calculated based on the annual average level of visibility impairment for the most and least impaired days for each of these five years. Current visibility conditions are the average of these annual values.

(2) The effectiveness of the long-term strategy for achieving reasonableprogress goals over the prior implementation period(s); and

(3) Affirmation of, or revision to, the reasonable progress goal in accordancewith the procedures set forth in paragraph (d)(1) of this section. If the State established a reasonable progress goal for the prior period which provided aslower rate of progress than that needed to attain natural conditions by the year 2064, the State must evaluate and determine the reasonableness, based on the factors in paragraph (d)(1)(i)(A) of this section, of additional measures that could be adopted to achieve thedegree of visibility improvement projected by the analysis contained in the first implementation plan described in paragraph (d)(1)(i)(B) of this section.

(g) Requirements for periodic reports describing progress towards the reasonable progress goals. Each State identified in §51.300(b)(3) must submit a report tothe Administrator every 5 years evaluating progress towards the reasonable progress goal for each mandatory Class
I Federal area located within the State and in each mandatory Class I Federal
area located outside the State which may be affected by emissions fromwithin the State. The first progress report is due 5 years from submittal ofthe initial implementation plan addressing paragraphs (d) and (e) of this section. The progress reports must bein the form of implementation plan revisions that comply with the procedural requirements of §51.102 and §51.103. Periodic progress reports must contain at a minimum the following
elements:

(1) A description of the status of implementation of all measures includedin the implementation plan for achieving reasonable progress goals for mandatory Class I Federal areas both within and outside the State.

(2) A summary of the emissions reductions achieved throughout the State through implementation of the measures described in paragraph (g)(1)
of this section.

(3) For each mandatory Class I Federal area within the State, the State must assess the following visibility conditions and changes, with values for most impaired and least impaired days expressed in terms of 5-year averages of
these annual values.

(i) The current visibility conditionsfor the most impaired and least impaired days;

(ii) The difference between currentvisibility conditions for the most impaired and least impaired days and baseline visibility conditions;

(iii) The change in visibility impairment for the most impaired and least impaired days over the past 5 years;

(4) An analysis tracking the change over the past 5 years in emissions of pollutants contributing to visibilityimpairment from all sources and activities within the State. Emissions changes should be identified by type of source or activity. The analysis must be based on the most recent updated emissions inventory, with estimatesprojected forward as necessary and appropriate, to account for emissions changes during the applicable 5-year period.

(5) An assessment of any significant changes in anthropogenic emissions
within or outside the State that have occurred over the past 5 years thathave limited or impeded progress in reducing pollutant emissions and improving visibility.

(6) An assessment of whether the current implementation plan elements and strategies are sufficient to enablethe State, or other States with mandatory Federal Class I areas affected by emissions from the State, to meet all established reasonable progress goals.


### 306 40 CFR Ch. I (7–1–13 Edition) § 51.309

(7) A review of the State’s visibilitymonitoring strategy and any modifications to the strategy as necessary.

(h) Determination of the adequacy of existing implementation plan. At thesame time the State is required to submit any 5-year progress report to EPA in accordance with paragraph (g) of this section, the State must also take one of the following actions based upon the information presented in the progress report:

(1) If the State determines that the existing implementation plan requires
no further substantive revision at this
time in order to achieve established goals for visibility improvement and emissions reductions, the State mustprovide to the Administrator a negative declaration that further revision of the existing implementation plan is
not needed at this time.

(2) If the State determines that theimplementation plan is or may be inadequate to ensure reasonable progress
due to emissions from sources in another State(s) which participated in a regional planning process, the Statemust provide notification to the Administrator and to the other State(s) which participated in the regional planning process with the States. The
State must also collaborate with the other State(s) through the regionalplanning process for the purpose of developing additional strategies to address the plan’s deficiencies.

(3) Where the State determines that the implementation plan is or may be inadequate to ensure reasonable progress due to emissions from sources in another country, the State shallprovide notification, along with available information, to the Administrator.

(4) Where the State determines that the implementation plan is or may be inadequate to ensure reasonable progress due to emissions from sources within the State, the State shall revise its implementation plan to address the plan’s deficiencies within one year.

(i) What are the requirements for State and Federal Land Manager coordination? (1) By November 29, 1999, the State must identify in writing to the Federal Land Managers the title of the official to which the Federal Land Manager of any mandatory Class I Federal area can submit any recommendations onthe implementation of this subpart including, but not limited to:

(i) Identification of impairment of visibility in any mandatory Class I Federal area(s); and

(ii) Identification of elements for inclusion in the visibility monitoring strategy required by §51.305 and this
section.

(2) The State must provide the Federal Land Manager with an opportunity for consultation, in person and at least 60 days prior to holding any public hearing on an implementation plan (or plan revision) for regional hazerequired by this subpart. This consultation must include the opportunity for the affected Federal Land Managers
to discuss their:

(i) Assessment of impairment of visibility in any mandatory Class I Federal area; and

(ii) Recommendations on the development of the reasonable progress goaland on the development and implementation of strategies to address visibility impairment.

(3) In developing any implementation plan (or plan revision), the State mustinclude a description of how it addressed any comments provided by the Federal Land Managers.

(4) The plan (or plan revision) mustprovide procedures for continuing consultation between the State and Federal Land Manager on the implementation of the visibility protection program required by this subpart, including development and review of implementation plan revisions and 5-yearprogress reports, and on the implementation of other programs having the potential to contribute to impairmentof visibility in mandatory Class I Federal areas.

[64 FR 35765, July 1, 1999, as amended at 70 FR 39156, July 6, 2005; 71 FR 60631, Oct. 13, 2006; 77 FR 33656, June 7, 2012]

§ 51.309 Requirements related to the Grand Canyon Visibility Transport Commission.

(a) What is the purpose of this section? This section establishes the requirements for the first regional hazeimplementation plan to address regional haze visibility impairment in the 16 Class I areas covered by the