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 


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Environmental Protection Agency § 51.309 

Grand Canyon Visibility Transport 

Commission Report. For the period 

through 2018, certain States (defined in 

paragraph (b) of this section as Transport Region States) may choose to implement the Commission’s recommendations within the framework 

of the national regional haze program 

and applicable requirements of the Act 

by complying with the provisions of 

this section. If a Transport Region 

State submits an implementation plan 

which is approved by EPA as meeting 

the requirements of this section, it will 

be deemed to comply with the requirements for reasonable progress with respect to the 16 Class I areas for the period from approval of the plan through 

2018. Any Transport Region State 

electing not to submit an implementation plan under this section is subject 

to the requirements of §51.308 in the 

same manner and to the same extent as 

any State not included within the 

Transport Region. Except as provided 

in paragraph (g) of this section, each 

Transport Region State is also subject 

to the requirements of §51.308 with respect to any other Federal mandatory 

Class I areas within the State or affected by emissions from the State. 

(b) Definitions. For the purposes of 

this section: 

(1) 16 Class I areas means the following mandatory Class I Federal areas 

on the Colorado Plateau: Grand Canyon National Park, Sycamore Canyon 

Wilderness, Petrified Forest National 

Park, Mount Baldy Wilderness, San 

Pedro Parks Wilderness, Mesa Verde 

National Park, Weminuche Wilderness, 

Black Canyon of the Gunnison Wilderness, West Elk Wilderness, Maroon 

Bells Wilderness, Flat Tops Wilderness, 

Arches National Park, Canyonlands 

National Park, Capital Reef National 

Park, Bryce Canyon National Park, 

and Zion National Park. 

(2) Transport Region State means one 

of the States that is included within 

the Transport Region addressed by the 

Grand Canyon Visibility Transport 

Commission (Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming). 

(3) Commission Report means the report of the Grand Canyon Visibility 

Transport Commission entitled ‘‘Recommendations for Improving Western 

Vistas,’’ dated June 10, 1996. 

(4) Fire means wildfire, wildland fire 

(including prescribed natural fire), prescribed fire, and agricultural burning 

conducted and occurring on Federal, 

State, and private wildlands and farmlands. 

(5) Milestone means the maximum 

level of annual regional SO2 emissions, 

in tons per year, for a given year, assessed annually, through the year 2018, 

consistent with paragraph (d)(4) of this 

section. 

(6) Continuous decline in total mobile 

source emissions means that the projected level of emissions from mobile 

sources of each listed pollutant in 2008, 

2013, and 2018, are less than the projected level of emissions from mobile 

sources of each listed pollutant for the 

previous period (i.e., 2008 less than 2003; 

2013 less than 2008; and 2018 less than 

2013). 

(7) Base year means the year for 

which data for a source included within 

the program were used by the WRAP to 

calculate emissions as a starting point 

for development of the milestone required by paragraph (d)(4)(i) of this section. 

(8) Base year means the year, generally a year between 1996 and 1998, for 

which data for a source included within 

the program were used by the WRAP to 

calculate base year emissions as a 

starting point for development of the 

Annex required by paragraph (f) of this 

section. 

(9)–(12) [Reserved] 

(13) Eligible renewable energy resource, 

for purposes of 40 CFR 51.309, means 

electricity generated by non-nuclear 

and non-fossil low or no air emission 

technologies. 

(c) Implementation Plan Schedule. 

Each Transport Region State electing 

to submit an implementation plan 

under this section must submit such a 

plan no later than December 17, 2007. 

Indian Tribes may submit implementation plans after this deadline. 

(d) Requirements of the first implementation plan for States electing to adopt all 

of the recommendations of the Commission 


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

Report. Except as provided for in paragraph (e) of this section, each Transport Region State must submit an implementation plan that meets the following requirements: 

(1) Time period covered. The implementation plan must be effective 

through December 31, 2018 and continue 

in effect until an implementation plan 

revision is approved by EPA in accordance with §51.308(f). 

(2) Projection of visibility improvement. 

For each of the 16 mandatory Class I 

areas located within the Transport Region State, the plan must include a 

projection of the improvement in visibility conditions (expressed in 

deciviews, and in any additional ambient visibility metrics deemed appropriate by the State) expected through 

the year 2018 for the most impaired and 

least impaired days, based on the implementation of all measures as required in the Commission report and 

the provisions in this section. The projection must be made in consultation 

with other Transport Region States 

with sources which may be reasonably 

anticipated to contribute to visibility 

impairment in the relevant Class I 

area. The projection may be based on a 

satisfactory regional analysis. 

(3) Treatment of clean-air corridors. 

The plan must describe and provide for 

implementation of comprehensive 

emission tracking strategies for cleanair corridors to ensure that the visibility does not degrade on the least-impaired days at any of the 16 Class I 

areas. The strategy must include: 

(i) An identification of clean-air corridors. The EPA will evaluate the 

State’s identification of such corridors 

based upon the reports of the Commission’s Meteorology Subcommittee and 

any future updates by a successor organization; 

(ii) Within areas that are clean-air 

corridors, an identification of patterns 

of growth or specific sites of growth 

that could cause, or are causing, significant emissions increases that could 

have, or are having, visibility impairment at one or more of the 16 Class I 

areas. 

(iii) In areas outside of clean-air corridors, an identification of significant 

emissions growth that could begin, or 

is beginning, to impair the quality of 

air in the corridor and thereby lead to 

visibility degradation for the least-impaired days in one or more of the 16 

Class I areas. 

(iv) If impairment of air quality in 

clean air corridors is identified pursuant to paragraphs (d)(3)(ii) and (iii) of 

this section, an analysis of the effects 

of increased emissions, including provisions for the identification of the need 

for additional emission reductions 

measures, and implementation of the 

additional measures where necessary. 

(v) A determination of whether other 

clean air corridors exist for any of the 

16 Class I areas. For any such clean air 

corridors, an identification of the necessary measures to protect against future degradation of air quality in any 

of the 16 Class I areas. 

(4) Implementation of stationary source 

reductions. The first implementation 

plan submission must include: 

(i) Provisions for stationary source 

emissions of SO2. The plan submission 

must include a SO2 program that contains quantitative emissions milestones for stationary source SO2 emissions for each year through 2018. After 

the first two years of the program, 

compliance with the annual milestones 

may be measured by comparing a 

three-year rolling average of actual 

emissions with a rolling average of the 

emissions milestones for the same 

three years. During the first two years 

of the program, compliance with the 

milestones may be measured by a 

methodology of the States’ choosing, 

so long as all States in the program use 

the same methodology. Compliance 

with the 2018 milestone shall be measured by comparing actual emissions 

from the year 2018 with the 2018 milestone. The milestones must provide for 

steady and continuing emissions reductions through 2018 consistent with the 

Commission’s definition of reasonable 

progress, its goal of 50 to 70 percent reduction in SO2 emissions from 1990 actual emission levels by 2040, applicable 

requirements under the CAA, and the 

timing of implementation plan assessments of progress and identification of 

any deficiencies which will be due in 

the years 2013 and 2018. The milestones 

must be shown to provide for greater 

reasonable progress than would be 


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Environmental Protection Agency § 51.309 

achieved by application of BART pursuant to §51.308(e)(2). 

(ii) Documentation of emissions calculation methods for SO2. The plan 

submission must include documentation of the specific methodology used 

to calculate SO2 emissions during the 

base year for each emitting unit included in the program. The implementation plan must also provide for documentation of any change to the specific 

methodology used to calculate emissions at any emitting unit for any year 

after the base year. 

(iii) Monitoring, recordkeeping, and 

reporting of SO2 emissions. The plan 

submission must include provisions requiring the monitoring, recordkeeping, 

and annual reporting of actual stationary source SO2 emissions within 

the State. The monitoring, recordkeeping, and reporting data must be 

sufficient to determine annually 

whether the milestone for each year 

through 2018 is achieved. The plan submission must provide for reporting of 

these data by the State to the Administrator and to the regional planning 

organization. The plan must provide 

for retention of records for at least 10 

years from the establishment of the 

record. 

(iv) Criteria and Procedures for a 

Market Trading Program. The plan 

must include the criteria and procedures for conducting an annual evaluation of whether the milestone is 

achieved and, in accordance with paragraph (d)(4)(v) of this section, for activating a market trading program in 

the event the milestone is not 

achieved. A draft of the annual report 

evaluating whether the milestone for 

each year is achieved shall be completed no later than 12 months from 

the end of each milestone year. The 

plan must also provide for assessments 

of the program in the years 2013 and 

2018. 

(v) Market Trading Program. The implementation plan must include requirements for a market trading program to be implemented in the event 

that a milestone is not achieved. The 

plan shall require that the market 

trading program be activated beginning no later than 15 months after the 

end of the first year in which the milestone is not achieved. The plan shall 

also require that sources comply, as 

soon as practicable, with the requirement to hold allowances covering their 

emissions. Such market trading program must be sufficient to achieve the 

milestones in paragraph (d)(4)(i) of this 

section, and must be consistent with 

the elements for such programs outlined in §51.308(e)(2)(vi). Such a program 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 program. 

(vi) Provision for the 2018 milestone. 

(A) Unless and until a revised implementation plan is submitted in accordance with §51.308(f) and approved by 

EPA, the implementation plan shall 

prohibit emissions from covered stationary sources in any year beginning 

in 2018 that exceed the year 2018 milestone. In no event shall a market-based 

program approved under §51.308(f) 

allow an emissions cap for SO2 that is 

less stringent than the 2018 milestone, 

unless the milestones are replaced by a 

different program approved by EPA as 

meeting the BART and reasonable 

progress requirements established in 

§51.308. 

(B) The implementation plan must 

provide a framework, including financial penalties for excess emissions 

based on the 2018 milestone, sufficient 

to ensure that the 2018 milestone will 

be met even if the implementation of 

the market trading program in paragraph (d)(4)(v) of this section has not 

yet been triggered, or the source allowance compliance provision of the trading program is not yet in effect. 

(vii) Provisions for stationary source 

emissions of NOX and PM. The implementation plan must contain any necessary long term strategies and BART 

requirements for stationary source PM 

and NOX emissions. Any such BART 

provisions may be submitted pursuant 

to either §51.308(e)(1) or ’51.308(e)(2). 

(5) Mobile sources. The plan submission must provide for: 

(i) Statewide inventories of onroad 

and nonroad mobile source emissions of 

VOC, NOX, SO2, PM2.5, elemental carbon, and organic carbon for the years 

2003, 2008, 2013, and 2018. 


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

(A) The inventories must demonstrate a continuous decline in total 

mobile source emissions (onroad plus 

nonroad; tailpipe and evaporative) of 

VOC, NOX, PM2.5, elemental carbon, 

and organic carbon, evaluated separately. If the inventories show a continuous decline in total mobile source 

emissions of each of these pollutants 

over the period 2003–2018, no further action is required as part of this plan to 

address mobile source emissions of 

these pollutants. If the inventories do 

not show a continuous decline in mobile source emissions of one or more of 

these pollutants over the period 2003– 

2018, the plan submission must provide 

for an implementation plan revision by 

no later than December 31, 2008 containing any necessary long-term strategies to achieve a continuous decline 

in total mobile source emissions of the 

pollutant(s), to the extent practicable, 

considering economic and technological reasonableness and federal preemption of vehicle standards and fuel 

standards under title II of the CAA. 

(B) The plan submission must also 

provide for an implementation plan revision by no later than December 31, 

2008 containing any long-term strategies necessary to reduce emissions of 

SO2 from nonroad mobile sources, consistent with the goal of reasonable 

progress. In assessing the need for such 

long-term strategies, the State may 

consider emissions reductions achieved 

or anticipated from any new Federal 

standards for sulfur in nonroad diesel 

fuel. 

(ii) Interim reports to EPA and the 

public in years 2003, 2008, 2013, and 2018 

on the implementation status of the regional and local strategies recommended by the Commission Report 

to address mobile source emissions. 

(6) Programs related to fire. The plan 

must provide for: 

(i) Documentation that all Federal, 

State, and private prescribed fire programs within the State evaluate and 

address the degree visibility impairment from smoke in their planning and 

application. In addition the plan must 

include smoke management programs 

that include all necessary components 

including, but not limited to, actions 

to minimize emissions, evaluation of 

smoke dispersion, alternatives to fire, 

public notification, air quality monitoring, surveillance and enforcement, 

and program evaluation. 

(ii) A statewide inventory and emissions tracking system (spatial and 

temporal) of VOC, NOX, elemental and 

organic carbon, and fine particle emissions from fire. In reporting and tracking emissions from fire from within the 

State, States may use information 

from regional data-gathering and 

tracking initiatives. 

(iii) Identification and removal wherever feasible of any administrative barriers to the use of alternatives to burning in Federal, State, and private prescribed fire programs within the State. 

(iv) Enhanced smoke management 

programs for fire that consider visibility effects, not only health and nuisance objectives, and that are based on 

the criteria of efficiency, economics, 

law, emission reduction opportunities, 

land management objectives, and reduction of visibility impact. 

(v) Establishment of annual emission 

goals for fire, excluding wildfire, that 

will minimize emission increases from 

fire to the maximum extent feasible 

and that are established in cooperation 

with States, tribes, Federal land management agencies, and private entities. 

(7) Area sources of dust emissions from 

paved and unpaved roads. The plan 

must include an assessment of the impact of dust emissions from paved and 

unpaved roads on visibility conditions 

in the 16 Class I Areas. If such dust 

emissions are determined to be a significant contributor to visibility impairment in the 16 Class I areas, the 

State must implement emissions management strategies to address the impact as necessary and appropriate. 

(8) Pollution prevention. The plan 

must provide for: 

(i) An initial summary of all pollution prevention programs currently in 

place, an inventory of all renewable energy generation capacity and production in use, or planned as of the year 

2002 (expressed in megawatts and megawatt-hours), the total energy generation capacity and production for the 

State, the percent of the total that is 

renewable energy, and the State’s anticipated contribution toward the renewable energy goals for 2005 and 2015, 


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Environmental Protection Agency § 51.309 

as provided in paragraph (d)(8)(vi) of 

this section. 

(ii) Programs to provide incentives 

that reward efforts that go beyond 

compliance and/or achieve early compliance with air-pollution related requirements. 

(iii) Programs to preserve and expand 

energy conservation efforts. 

(iv) The identification of specific 

areas where renewable energy has the 

potential to supply power where it is 

now lacking and where renewable energy is most cost-effective. 

(v) Projections of the short- and longterm emissions reductions, visibility 

improvements, cost savings, and secondary benefits associated with the renewable energy goals, energy efficiency 

and pollution prevention activities. 

(vi) A description of the programs relied on to achieve the State’s contribution toward the Commission’s goal 

that renewable energy will comprise 10 

percent of the regional power needs by 

2005 and 20 percent by 2015, and a demonstration of the progress toward 

achievement of the renewable energy 

goals in the years 2003, 2008, 2013, and 

2018. This description must include documentation of the potential for renewable energy resources, the percentage 

of renewable energy associated with 

new power generation projects implemented or planned, and the renewable 

energy generation capacity and production in use and planned in the State. 

To the extent that it is not feasible for 

a State to meet its contribution to the 

regional renewable energy goals, the 

State must identify in the progress reports the measures implemented to 

achieve its contribution and explain 

why meeting the State’s contribution 

was not feasible. 

(9) Implementation of additional recommendations. The plan must provide 

for implementation of all other recommendations in the Commission report that can be practicably included 

as enforceable emission limits, schedules of compliance, or other enforceable measures (including economic incentives) to make reasonable progress 

toward remedying existing and preventing future regional haze in the 16 

Class I areas. The State must provide a 

report to EPA and the public in 2003, 

2008, 2013, and 2018 on the progress toward developing and implementing policy or strategy options recommended 

in the Commission Report. 

(10) Periodic implementation plan revisions. Each Transport Region State 

must submit to the Administrator periodic reports in the years 2013 and 2018. 

The progress reports must be in the 

form of implementation plan revisions 

that comply with the procedural requirements of §§51.102 and 51.103. 

(i) The report will assess the area for 

reasonable progress as provided in this 

section for mandatory Class I Federal 

area(s) located within the State and for 

mandatory Class I Federal area(s) located outside the State which may be 

affected by emissions from within the 

State. This demonstration may be 

based on assessments conducted by the 

States and/or a regional planning body. 

The progress reports must contain at a 

minimum the following elements: 

(A) 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. 

(B) A summary of the emissions reductions achieved throughout the 

State through implementation of the 

measures described in paragraph 

(d)(10)(i)(A) of this section. 

(C) For each mandatory Class I Federal area within the State, an assessment of the following: the current visibility conditions for the most impaired 

and least impaired days; the difference 

between current visibility conditions 

for the most impaired and least impaired days and baseline visibility conditions; the change in visibility impairment for the most impaired and least 

impaired days over the past 5 years. 

(D) 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. 


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

(E) 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. 

(F) 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. 

(G) A review of the State’s visibility 

monitoring strategy and any modifications to the strategy as necessary. 

(ii) At the same time the State is required to submit any 5-year progress 

report to EPA in accordance with 

paragaph (d)(10)(i) of this section, the 

State must also take one of the following actions based upon the information presented in the progress report: 

(A) 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. 

(B) 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. 

(C) 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. 

(D) Where the State determines that 

the implementation plan is or may be 

inadequate to ensure reasonable 

progress due to emissions from within 

the State, the State shall develop additional strategies to address the plan 

deficiencies and revise the implementation plan no later than one year from 

the date that the progress report was 

due. 

(11) State planning and interstate coordination. In complying with the requirements of this section, States may 

include emission reductions strategies 

that are based on coordinated implementation with other States. Examples 

of these strategies include economic 

incentive programs and transboundary 

emissions trading programs. The implementation plan must include documentation of the technical and policy 

basis for the individual State apportionment (or the procedures for apportionment throughout the trans-boundary region), the contribution addressed 

by the State’s plan, how it coordinates 

with other State plans, and compliance 

with any other appropriate implementation plan approvability criteria. 

States may rely on the relevant technical, policy and other analyses developed by a regional entity (such as the 

Western Regional Air Partnership) in 

providing such documentation. Conversely, States may elect to develop 

their own programs without relying on 

work products from a regional entity. 

(12) Tribal implementation. Consistent 

with 40 CFR Part 49, tribes within the 

Transport Region may implement the 

required visibility programs for the 16 

Class I areas, in the same manner as 

States, regardless of whether such 

tribes have participated as members of 

a visibility transport commission. 

(e) States electing not to implement the 

commission recommendations. Any Transport Region State may elect not to implement the Commission recommendations set forth in paragraph (d) of this 

section. Such States are required to 

comply with the timelines and requirements of §51.308. Any Transport Region 

State electing not to implement the 

Commission recommendations must 

advise the other States in the Transport Region of the nature of the program and the effect of the program on 

visibility-impairing emissions, so that 

other States can take this information 


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Environmental Protection Agency § 51.323 

into account in developing programs 

under this section. 

(f) [Reserved] 

(g) Additional Class I areas. Each 

Transport Region State implementing 

the provisions of this section as the 

basis for demonstrating reasonable 

progress for mandatory Class I Federal 

areas other than the 16 Class I areas 

must include the following provisions 

in its implementation plan. If a Transport Region State submits an implementation plan which is approved by 

EPA as meeting the requirements of 

this section, it will be deemed to comply with the requirements for reasonable progress for the period from approval of the plan to 2018. 

(1) A demonstration of expected visibility conditions for the most impaired 

and least impaired days at the additional mandatory Class I Federal 

area(s) based on emissions projections 

from the long-term strategies in the 

implementation plan. This demonstration may be based on assessments conducted by the States and/or a regional 

planning body. 

(2) Provisions establishing reasonable 

progress goals and implementing any 

additional measures necessary to demonstrate reasonable progress for the 

additional mandatory Federal Class I 

areas. These provisions must comply 

with the provisions of §51.308(d)(1) 

through (4). 

(i) In developing long-term strategies 

pursuant to §51.308(d)(3), the State may 

build upon the strategies implemented 

under paragraph (d) of this section, and 

take full credit for the visibility improvement achieved through these 

strategies. 

(ii) The requirement under §51.308(e) 

related to Best Available Retrofit 

Technology for regional haze is deemed 

to be satisfied for pollutants addressed 

by the milestones and backstop trading 

program if, in establishing the emission reductions milestones under paragraph (d)(4) of this section, it is shown 

that greater reasonable progress will 

be achieved for these additional Class I 

areas than would be achieved through 

the application of source-specific 

BART emission limitations under 

§51.308(e)(1). 

(iii) The Transport Region State may 

consider whether any strategies necessary to achieve the reasonable 

progress goals required by paragraph 

(g)(2) of this section are incompatible 

with the strategies implemented under 

paragraph (d) of this section to the extent the State adequately demonstrates that the incompatibility is 

related to the costs of the compliance, 

the time necessary for compliance, the 

energy and no air quality environmental impacts of compliance, or the 

remaining useful life of any existing 

source subject to such requirements. 

[64 FR 35769, July 1, 1999, as amended at 68 

FR 33784, June 5, 2003; 68 FR 39846, July 3, 

2003; 68 FR 61369, Oct. 28, 2003; 68 FR 71014, 

Dec. 22, 2003; 71 FR 60632, Oct. 13, 2006] 

Subpart Q—Reports 

AUTHORITY: Secs. 110, 301(a), 313, 319, Clean 

Air Act (42 U.S.C. 7410, 7601(a), 7613, 7619). 

SOURCE: 44 FR 27569, May 10, 1979, unless 

otherwise noted. 

AIR QUALITY DATA REPORTING

§ 51.320 Annual air quality data report. 

The requirements for reporting air 

quality data collected for purposes of 

the plan are located in subpart C of 

part 58 of this chapter. 

SOURCE EMISSIONS AND STATE ACTION

REPORTING

§ 51.321 Annual source emissions and 

State action report. 

The State agency shall report to the 

Administrator (through the appropriate Regional Office) information as 

specified in §§51.322 through 51.326. 

[67 FR 39615, June 10, 2002] 

§ 51.322 Sources subject to emissions 

reporting. 

The requirements for reporting emissions data under the plan are in subpart A of this part 51. 

[67 FR 39615, June 10, 2002] 

§ 51.323 Reportable emissions data and 

information. 

The requirements for reportable 

emissions data and information under 


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