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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 or 

major 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 in 

writing 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 to 

submission 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 source 

or major modification may have an adverse impact on visibility in any Federal Class I area. Where the State finds 

that such an analysis does not demonstrate to the satisfaction of the 

State 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 I 

Federal area, if it is identified in accordance with §51.304 by the Federal 

Land 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 prior 

to 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 be 

conducted 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 nonair 

quality environmental impacts of compliance, and the useful life of the 

source. 

(d) The State may require monitoring of visibility in any Federal Class 

I area near the proposed new stationary source or major modification 

for such purposes and by such means as 

the 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 


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for implementation plans, plan revisions, and periodic progress reviews to 

address regional haze. 

(b) When are the first implementation 

plans 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 haze 

meeting 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 implementation 

plan containing the following plan elements and supporting documentation 

for all required analyses: 

(1) Reasonable progress goals. For each 

mandatory Class I Federal area located 

within the State, the State must establish goals (expressed in deciviews) that 

provide for reasonable progress towards 

achieving natural visibility conditions. 

The reasonable progress goals must 

provide 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, the 

energy and non-air quality environmental impacts of compliance, and the 

remaining useful life of any potentially 

affected sources, and include a demonstration showing how these factors 

were taken into consideration in selecting the goal. 

(B) Analyze and determine the rate of 

progress needed to attain natural visibility conditions by the year 2064. To 

calculate this rate of progress, the 

State must compare baseline visibility 

conditions to natural visibility conditions in the mandatory Federal Class I 

area and determine the uniform rate of 

visibility improvement (measured in 

deciviews) 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 to 

the public for review as part of its implementation plan an assessment of the 

number of years it would take to attain natural conditions if visibility improvement continues at the rate of 

progress selected by the State as reasonable. 

(iii) In determining whether the 

State’s goal for visibility improvement 

provides 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 consult 

with 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 group 

of 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 


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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 the 

adequacy 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 represents 

less visibility improvement than is expected to result from implementation 

of 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 determine 

the following visibility conditions (expressed in deciviews): 

(i) Baseline visibility conditions for 

the most impaired and least impaired 

days. The period for establishing baseline visibility conditions is 2000 to 2004. 

Baseline visibility conditions must be 

calculated, using available monitoring 

data, 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. For 

mandatory 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 that 

is 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 representative 

available 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 deciviews 

by which current conditions, as calculated under paragraph (f)(1) of this 

section, 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 that 

addresses 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 by 

States having mandatory Class I Federal areas. In establishing its longterm strategy for regional haze, the 

State must meet the following requirements: 

(i) Where the State has emissions 

that 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 State 

must 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 its 

implementation plan all measures necessary to obtain its share of the emission reductions needed to meet the 


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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 each 

mandatory Class I Federal area it affects. The State may meet this requirement by relying on technical analyses 

developed 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 of 

the 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 a 

minimum, 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 techniques 

for 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 in 

point, 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 implementation 

plan 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 strategy 

required in §51.305 for reasonably attributable visibility impairment. Compliance with this requirement may be 

met through participation in the Interagency Monitoring of Protected Visual 

Environments 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 in 

determining the contribution of emissions from within the State to regional 

haze 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 by 

which monitoring data and other information are used in determining the 

contribution of emissions from within 

the State to regional haze visibility 

impairment at mandatory Class I Federal areas in other States. 

(iv) The implementation plan must 

provide 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 to 

visibility 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. 


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(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 must 

submit 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 reasonable 

progress toward natural visibility conditions. 

(1) To address the requirements for 

BART, 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 cause 

or 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 must 

be based on an analysis of the best system of continuous emission control 

technology available and associated 

emission reductions achievable for 

each BART-eligible source that is subject to BART within the State. In this 

analysis, the State must take into consideration the technology available, 

the costs of compliance, the energy and 

nonair quality environmental impacts 

of compliance, any pollution control 

equipment 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 

SO2 or for NOX if a BART-eligible 

source has the potential to emit less 

than 40 tons per year of such pollutant(s), or for PM10 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 or 

economic limitations on the applicability of measurement methodology to 

a 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 degree 

possible, 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 than 

5 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 and 

operation 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 


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reasonable progress than would have 

resulted from the installation and operation of BART at all sources subject 

to BART in the State and covered by 

the 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 BART 

source category in an alternative program, but each BART-eligible source in 

the 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 in 

accordance 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 alternative 

program. 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) of 

this section, unless the emissions trading program or other alternative measure has been designed to meet a requirement other than BART (such as 

the core requirement to have a longterm strategy to achieve the reasonable progress goals established by 

States). In this case, the State may determine the best system of continuous 

emission control technology and associated emission reductions for similar 

types of sources within a source category based on both source-specific and 

category-wide information, as appropriate. 

(D) An analysis of the projected emissions reductions achievable through 

the 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 during 

the 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 alternative 

measure, including schedules for implementation, the emission reductions required by the program, all necessary 

administrative and technical procedures for implementing the program, 

rules for accounting and monitoring 

emissions, and procedures for enforcement. 

(iv) A demonstration that the emission reductions resulting from the 

emissions trading program or other alternative measure will be surplus to 

those 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 include 

a 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 SO2

or NOX from sources subject to the program, requires the owners and operators of sources to hold allowances or 

authorizations 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 


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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 in 

multiple 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 same 

source 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 (in 

tons) 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 specified 

tonnage 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 of 

this chapter. The monitoring provisions must require that other sources 

in 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 that 

ensure the enforceability of the emissions monitoring provisions and other 

program requirements. The recordkeeping provisions must require that 

boilers, combustion turbines, and cement kilns in the program allowed to 

sell or transfer allowances must comply with the recordkeeping provisions 

of part 75 of this chapter. The recordkeeping provisions must require that 

other sources in the program allowed 

to sell or transfer allowances must 

comply with recordkeeping requirements that, as compared with the recordkeeping provisions under part 75 of 

this 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 the 

enforceability of the emissions monitoring provisions and other program 

requirements and the ability to audit 

the program. The reporting provisions 

must require that boilers, combustion 

turbines, and cement kilns in the program allowed to sell or transfer allowances must comply with the reporting 

provisions of part 75 of this chapter, except that, if the Administrator is not 

the tracking system administrator for 

the program, emissions may be reported to the tracking system administrator, rather than to the Administrator. The reporting provisions must 

require 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 of 

this 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 apply 

uniformly 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 


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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 for 

excess 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 provisions 

providing for periodic program evaluation to assess whether the program is 

accomplishing its goals and whether 

modifications 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 the 

final 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. If 

the distribution of emissions is significantly different, the State must conduct dispersion modeling to determine 

differences in visibility between BART 

and 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 BART 

for the pollutant covered by such trading program in the State. A State that 

chooses to meet the emission reduction 

requirements of the Transport Rule by 

submitting 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 the 

pollutant covered by such trading program in the State. A State may adopt 

provisions, consistent with the requirements applicable to the State for a 

trading program established in accordance with §52.38 or §52.39 under the 

Transport Rule Federal Implementation Plan or established under a SIP 

revision that is approved as meeting 

the requirements of §52.38 or §52.39, for 

a geographic enhancement to the program to address the requirement under 

§51.302(c) related to BART for reasonably attributable impairment from the 

pollutant 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-eligible 

sources 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 its 

regional 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, taking 

into account improvements in monitoring data collection and analysis 


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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 impaired 

days, 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 reasonable 

progress goals over the prior implementation period(s); and 

(3) Affirmation of, or revision to, the 

reasonable progress goal in accordance 

with 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 a 

slower 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 the 

degree 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 to 

the 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 from 

within the State. The first progress report is due 5 years from submittal of 

the initial implementation plan addressing paragraphs (d) and (e) of this 

section. The progress reports must be 

in 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 included 

in 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 conditions 

for the most impaired and least impaired days; 

(ii) The difference between current 

visibility 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 visibility 

impairment 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 estimates 

projected 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 that 

have 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 enable 

the State, or other States with mandatory Federal Class I areas affected by 

emissions from the State, to meet all 

established reasonable progress goals. 


pmangrum on DSK3VPTVN1PROD with CFR
306 

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

(7) A review of the State’s visibility 

monitoring strategy and any modifications to the strategy as necessary. 

(h) Determination of the adequacy of 

existing implementation plan. At the 

same 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 must 

provide 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 the 

implementation 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 State 

must 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 regional 

planning 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 shall 

provide 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 on 

the 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 haze 

required 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 goal 

and on the development and implementation of strategies to address visibility impairment. 

(3) In developing any implementation 

plan (or plan revision), the State must 

include a description of how it addressed any comments provided by the 

Federal Land Managers. 

(4) The plan (or plan revision) must 

provide 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-year 

progress reports, and on the implementation of other programs having the 

potential to contribute to impairment 

of 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 haze 

implementation plan to address regional haze visibility impairment in 

the 16 Class I areas covered by the 


pmangrum on DSK3VPTVN1PROD with CFR