Environmental

Protection Agency

40 CFR Part 51

Regional Haze Regulations; Final Rule

Part II
, 

management requirements in the plan toaddress reasonably attributableimpairment. This requirement does notaffect any preexisting deadlines for State

submittal of a long-term strategy review

(or element thereof) between August 30,

1999, and the date required for

submission of the State’s first regionalhaze plan. In addition, the plan mustprovide for review of the long-term

strategy as it applies to reasonably

attributable impairment, and revision as

appropriate, within 3 years of Statereceipt of any certification of reasonablyattributable impairment from a Federal

Land Manager. The review process must

include consultation with the

appropriate Federal Land Managers, andthe State must provide a report to thepublic and the Administrator on

progress toward the national goal. Thisreport must include an assessment of: * * * * *

(d) The long-term strategy must

provide for review of the impacts fromany new major stationary source ormajor modifications on visibility in any

mandatory Class I Federal area. Thisreview of major stationary sources ormajor modifications must be inaccordance with § 5 1.307, § 5 1.166,§51.160, and any other binding

guidance provided by the Agencyinsofar as these provisions pertain to

protection of visibility in any mandatory

Class I Federal areas.

* * * * *

7. Section 5 1.307 is amended by

revising paragraph (a) introductory text,

(a) (2) and (c) to read as follows:

§ 51.307 New source review.

(a) For purposes of new source review

of any new major stationary source ormajor modification that would beconstructed in an area that is designatedattainment or unclassified under section

l07(d)(1)(D) or (E) of the CAA, the State

plan must, in any review under § 51.166with respect to visibility protection and

analyses. provide for: * * * * *

(2) Where the State requires or

receives advance notification (e.g. early

consultation with the source prior tosubmission of the application ornotification of intent to monitor under

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) 

, 

§51.166(o), (p)(l) through (2), and (q).In conducting such reviews the State

must ensure that the source’s emissions

will be consistent with makingreasonable progress toward the nationalvisibility goal referred to in § 5 1.300(a).

The State may take into account the

costs of compliance, the time necessary

for compliance, the energy and nonairquality environmental impacts ofcompliance, and the useful life of the

source.

* * * * *

8.

A new § 5 1.308 is added to subpart

P to read as follows:

§ 51.308 Regional haze programrequirements.

(a) What is the purpose of this

section? This section establishes

requirements 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

paragraph (c) of this section and§ 5 1.309(c), each State identified in§ 51.300(b) (3) must submit an

implementation plan for regional hazemeeting the requirements of paragraphs

(d) and (e) of this section by the

following dates:

(1) For any area designated as

attainment or unclassifiable for thenational ambient air quality standard

(NAAQS) for fine particulate matter(PM25),the State must submit a regional

haze implementation plan to EPA

within 12 months after the date of

designation.

(2) For any area designated as

nonattainment for the PM2.5NAAQS,

the State must submit a regional haze

implementation plan to EPA at the sametime that the State’s plan forimplementation of the PM2.5NAAQS

must be submitted under section 172 ofthe CAA, that is, within 3 years after thearea is designated as nonattainment, butnot later than December 31, 2008.

(c) Options for regional planning. If at

the time the SIP for regional haze wouldotherwise be due, a State is working

with other States to develop a

coordinated approach to regional haze

by participating in a regional planningprocess, the State may choose to defer

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implementation plan must contain thefollowing:

(i)

A demonstration of ongoing

participation in a regional planning

process to address regional haze, and an

agreement by the State to continue

participating with one or more other

States in such a process for the

development of this and futureimplementation plan revisions;

(ii)

A showing, based on available

inventory, monitoring, or modeling

information, that emissions from within

the State contribute to visibility

impairment in a mandatory Class IFederal Area outside the State, or that

emissions from another State contributeto visibility impairment in anymandatory Class I Federal area within

the State.

(iii)

A description of the regional

planning process, including a list of theStates which have agreed to work

together to address regional haze in aregion (i.e., the regional planning

group), the goals, objectives,management, and decisionmakingstructure of the regional planning group,deadlines for completing significanttechnical analyses and developingemission management strategies, and a

schedule for State review and adoptionof regulations implementing therecommendations of the regional group;

(iv)

A commitment by the State to

submit an implementation plan revisionaddressing the requirements inparagraphs (d) and (e) of this section bythe date specified in paragraph (c) (2) ofthis section. In addition, the State mustcommit to develop its plan revision in

coordination with the other Statesparticipating in the regional planning

process, and to fully address therecommendations of the regionalplanning group.

(v)

A list of all BART-eligible sources

within the State.

(2) The State must submit an

implementation plan revisionaddressing the requirements in

paragraphs (d) and (e) of this section by

the latest date an area within the

planning region would be required to

submit an implementation plan underparagraph (b) of this section, but in anyevent, no later than December 31, 2008.
containing the following plan elements

and supporting documentation for allrequired analyses:

(1) Reasonable progress goals. For

each mandatory Class I Federal arealocated within the State, the State mustestablish goals (expressed in deciviews)that provide for reasonable progress

towards achieving natural visibilityconditions. The reasonable progress

goals must provide for an improvementin visibility for the most impaired daysover 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 IFederal area within the State, the Statemust:

(A) Consider the costs of compliance,

the time necessary for compliance, theenergy and non-air qualityenvironmental impacts of compliance,

and the remaining useful life of any

potentially affected sources, and includea demonstration showing how thesefactors 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 visibilityconditions to natural visibilityconditions in the mandatory FederalClass I area and determine the uniformrate of visibility improvement

(measured in deciviews) that would

need to be maintained during eachimplementation period in order to attainnatural visibility conditions by 2064. Inestablishing the reasonable progressgoal, the State must consider the

uniform rate of improvement in

visibility and the emission reduction

measures needed to achieve it for theperiod covered by the implementation

plan.

(ii) For the period of the

implementation plan, if the Stateestablishes a reasonable progress goalthat provides for a slower rate of

improvement in visibility than the rate

that would be needed to attain natural

conditions by 2064, the State mustdemonstrate, based on the factors inparagraph (d) (1) (i) (A) of this section,

as reasonable.

(iii) In determining whether the

State’s goal for visibility improvement

provides for reasonable progresstowards natural visibility conditions,the Administrator will evaluate thedemonstrations developed by the Statepursuant 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 reasonablybe anticipated to cause or contribute to

visibility impairment in the mandatoryClass I Federal area. In any situation in

which the State cannot agree with

another such State or group of Statesthat a goal provides for reasonableprogress, the State must describe in its

submittal the actions taken to resolve

the disagreement. In reviewing theState’s implementation plan submittal,the Administrator will take thisinformation into account in determining

whether the State’s goal for visibility

improvement provides for reasonable

progress towards natural visibilityconditions.

(v) The reasonable progress goals

established by the State are not directly

enforceable but will be considered bythe Administrator in evaluating theadequacy of the measures in the

implementation plan to achieve theprogress goal adopted by the State.

(vi) The State may not adopt a

reasonable progress goal that representsless visibility improvement than isexpected to result from implementationof other requirements of the CAA duringthe applicable planning period.

(2) Calculations of baseline and

natural visibility conditions. For eachmandatory Class I Federal area located

within the State, the State must

determine the following visibilityconditions (expressed in deciviews):

(i) Baseline visibility conditions for

the most impaired and least impaired

days. The period for establishingbaseline visibility conditions is 2000 to

2004. Baseline visibility conditions

must be calculated, using availablemonitoring data, by establishing theaverage degree of visibility impairmentfor the most and least impaired days foreach calendar year from 2000 to 2004.

The baseline visibility conditions are

conditions for the period of the first

long-term strategy is the most recent 5-

year period for which visibility

monitoring data are available for themandatory Class I Federal areasaddressed by the plan. For mandatoryClass I Federal areas without onsitemonitoring data, the State mustestablish baseline values using the most

representative available monitoringdata, in consultation with theAdministrator or his or her designee;

(iii) Natural visibility conditions for

the most impaired and least impaireddays. Natural visibility conditions mustbe calculated by estimating the degree of

visibility impairment existing under

natural conditions for the most impairedand least impaired days, based onavailable monitoring information andappropriate data analysis techniques;

and

(iv) (A) For the first implementation

plan addressing the requirements ofparagraphs (d) and (e) of this section,the number of deciviews by whichbaseline 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 forthe most impaired and least impaireddays.

(3) Long-term strategy for regional

haze. Each State listed in § 51.300(b) (3)

must submit a long-term strategy thataddresses regional haze visibilityimpairment for each mandatory Class IFederal area within the State and foreach mandatory Class I Federal arealocated outside the State which may beaffected by emissions from the State.

The long-term strategy must include

enforceable emissions limitations,compliance schedules, and othermeasures as necessary to achieve the

reasonable progress goals established byStates having mandatory Class I Federalareas. In establishing its long-termstrategy for regional haze, the State must

meet the following requirements:

(i) Where the State has emissions that

are reasonably anticipated to contributeto visibility impairment in anymandatory Class I Federal area located
contribute to impairment in amandatory Class I Federal area, the State

must demonstrate that it has included in

its implementation plan all measures

necessary to obtain its share of theemission reductions needed to meet theprogress goal for the area. If the Statehas participated in a regional planning

process, the State must ensure it hasincluded all measures needed to achieveits apportionment of emission reductionobligations 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 todetermine its apportionment ofemission reduction obligationsnecessary for achieving reasonable

progress in each mandatory Class I

Federal area it affects. The State may

meet this requirement by relying ontechnical analyses developed by the

regional planning organization andapproved by all State participants. TheState must identify the baselineemissions inventory on which its

strategies are based. The baselineemissions inventory year is presumed tobe the most recent year of the

consolidate periodic emissionsinventory.

(iv) The State must identify all

anthropogenic sources of visibilityimpairment considered by the State indeveloping its long-term strategy. TheState should consider major and minor

stationary sources, mobile sources, andarea sources.

(v) The State must consider, at a

minimum, the following factors indeveloping its long-term strategy:

(A) Emission reductions due to

ongoing air pollution control programs,including measures to addressreasonably attributable visibilityimpairment;

(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

implementation plan requirements. The

State must submit with theimplementation plan a monitoringstrategy for measuring, characterizing,and reporting of regional haze visibilityimpairment that is representative of all

mandatory Class I Federal areas withinthe State. This monitoring strategy mustbe coordinated with the monitoring

strategy required in § 5 1.305 forreasonably attributable visibilityimpairment. Compliance with thisrequirement may be met throughparticipation in the Interagency

Monitoring of Protected Visual

Environments network. Theimplementation plan must also provide

for the following:

(i) The establishment of any

additional monitoring sites orequipment needed to assess whether

reasonable progress goals to addressregional haze for all mandatory Class IFederal areas within the State are beingachieved.

(ii) Procedures by which monitoring

data and other information are used in

determining the contribution ofemissions from within the State to

regional haze visibility impairment atmandatory 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 thecontribution of emissions from within

the State to regional haze visibilityimpairment at mandatory Class IFederal areas in other States.

(iv) The implementation plan must

provide for the reporting of all visibilitymonitoring data to the Administrator atleast annually for each mandatory ClassI Federal area in the State. To the extentpossible, the State should report

visibility monitoring data electronically.

(v)

A statewide inventory of emissions

of pollutants that are reasonablyanticipated to cause or contribute to

visibility impairment in any mandatory

Class I Federal area. The inventory mustinclude 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 toupdate the inventory periodically.

p

eligible source that may reasonably beanticipated to cause or contribute to anyimpairment of visibility in anymandatory Class I Federal area, unless

the State demonstrates that an emissionstrading program or other alternative willachieve greater reasonable progresstoward natural visibility conditions.

(1) To address the requirements for

BART, the State must submit animplementation plan containing the

following plan elements and includedocumentation 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 thatemits any air pollutant which mayreasonably be anticipated to cause orcontribute to any impairment of

visibility in any mandatory Class I

Federal area. All such sources are

subject to BART. This determinationmust be based on the followinganalyses:

(A) An analysis of the best system of

continuous emission control technologyavailable and associated emissionreductions achievable for each BARTeligible source within the State subject

to BART. In this analysis, the State musttake into consideration the technologyavailable, the costs of compliance, the

energy and nonair qualityenvironmental impacts of compliance,any pollution control equipment in useat the source, and the remaining usefullife of the source; and

(B) An analysis of the degree of

visibility improvement that would be

achieved in each mandatory Class I

Federal area as a result of the emissionreductions achievable from all sources

subject to BART located within theregion that contributes to visibilityimpairment in the Class I area, based onthe analysis conducted under paragraph

(e)(l) (ii) (A) of this section.

(iii) If the State determines in

establishing BART that technological oreconomic limitations on theapplicability of measurementmethodology to a particular source

would make the imposition of anemission standard infeasible, it mayinstead prescribe a design. equipment,

work practice, or other operational

standard, or combination thereof, to
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 an

emissions trading program or otheralternative measure rather than torequire sources subject to BART toinstall, operate. and maintain BART. To

do so, the State must demonstrate thatthis emissions trading program or otheralternative measure will achieve greater

reasonable progress than would beachieved through the installation andoperation of BART. To make this

demonstration, the State must submit an

implementation plan containing thefollowing plan elements and include

documentation for all required analyses:

(i)

A demonstration that the emissions

trading program or other alternativemeasure will achieve greater reasonableprogress than would have resulted fromthe installation and operation of BART

at all sources subject to BART in theState. This demonstration must be based

on the following:

(A)

A list of all BART-eligible sources

within the State.

(B) An analysis of the best system of

continuous emission control technologyavailable and associated emission

reductions achievable for each sourcewithin the State subject to BART. In thisanalysis, the State must take intoconsideration the technology available,the costs of compliance, the energy and

nonair quality environmental impacts of

compliance, any pollution controlequipment in use at the source, and theremaining useful life of the source. Thebest system of continuous emission

control technology and the above factorsmay be determined on a source categorybasis. The State may elect to consider

both source-specific and category-wideinformation, as appropriate, inconducting its analysis.

(C) An analysis of the degree of

visibility improvement that would be

achieved in each mandatory Class I

Federal area as a result of the emission

reductions achievable from all such

determined by the State and approvedby EPA as meeting BART in accordance

with § 51.302(c) or paragraph (e) (1) of

this section do not need to meet the

requirements of the emissions tradingprogram or alternative measure, but maychoose to participate if they meet therequirements of the emissions trading

program or alternative measure.

(iii)

A requirement that all necessary

emission reductions take place during

the period of the first long-term strategyfor regional haze. To meet thisrequirement, the State must provide adetailed description of the emissionstrading program or other alternative

measure, including schedules forimplementation, the emissionreductions required by the program, allnecessary administrative and technical

procedures for implementing theprogram, rules for accounting and

monitoring emissions, and proceduresfor 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 frommeasures adopted to meet requirementsof 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 theemissions trading program or otheralternative measure.

(3) After a State has met the

requirements for BART or implemented

emissions trading program or otheralternative measure that achieve more

reasonable progress than the installationand operation of BART, BART-eligible

sources will be subject to the

requirements of paragraph (d) of this

section in the same manner as othersources.

(4) Any BART-eligible facility subject

to the requirement under paragraph (e)of this section to install, operate, andmaintain BART may apply to the

Administrator for an exemption from

that requirement. An application for an

State must evaluate and reassess all of

the elements required in paragraph (d)of this section, taking into accountimprovements in monitoring data

collection and analysis techniques,control technologies, and other relevantfactors. In evaluating and reassessingthese elements, the State must addressthe following:

(1) Current visibility conditions for

the most impaired and least impaireddays, and actual progress made towardsnatural conditions during the previousimplementation period. The period forcalculating 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 thesefive years. Current visibility conditionsare 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 accordance

with the procedures set forth inparagraph (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 bythe year 2064, the State must evaluateand 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 visibilityimprovement projected by the analysiscontained in the first implementationplan 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 submita 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
(1)

A description of the status of

implementation of all measuresincluded in the implementation plan for

achieving reasonable progress goals formandatory Class I Federal areas both

within and outside the State.

(2)

A summary of the emissions

reductions achieved throughout theState 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 mustassess the following visibilityconditions and changes, with values for

most impaired and least impaired days

expressed in terms of 5-year averages of

these annual values.

(1) The current visibility conditions

for the most impaired and leastimpaired days;

(ii) The difference between current

visibility conditions for the mostimpaired and least impaired days andbaseline 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 ofpollutants contributing to visibilityimpairment from all sources andactivities within the State. Emissions

changes should be identified by type ofsource or activity. The analysis must bebased on the most recent updatedemissions inventory, with estimates

projected forward as necessary andappropriate, to account for emissionschanges during the applicable 5-yearperiod.

(5) An assessment of any significant

changes in anthropogenic emissions

within or outside the State that haveoccurred over the past 5 years that havelimited or impeded progress in reducing

pollutant emissions and improvingvisibility.

(6) An assessment of whether the

current implementation plan elementsand strategies are sufficient to enablethe State, or other States with

mandatory Federal Class I areas affectedby emissions from the State, to meet allestablished reasonable progress goals.

(7)

A review of the State’s visibility

monitoring strategy and any

(1) If the State determines that the

existing implementation plan requiresno further substantive revision at this

time in order to achieve establishedgoals for visibility improvement andemissions reductions, the State mustprovide to the Administrator a negativedeclaration that further revision of theexisting implementation plan is notneeded at this time.

(2) If the State determines that the

implementation plan is or may beinadequate to ensure reasonable

progress due to emissions from sourcesin another State(s) which participated ina regional planning process, the State

must provide notification to theAdministrator and to the other State(s)which participated in the regionalplanning process with the States. The

State must also collaborate with the

other State(s) through the regionalplanning process for the purpose ofdeveloping 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 sourcesin another country, the State shall

provide notification, along withavailable information, to the

Administrator.

(4) Where the State determines that

the implementation plan is or may beinadequate to ensure reasonableprogress 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 subpartincluding, 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 § 5 1.305 and this

section.

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Federal area; and

(ii) Recommendations on the

development of the reasonable progressgoal and on the development andimplementation of strategies to address

visibility impairment.

(3) In developing any implementation

plan (or plan revision), the State mustinclude a description of how itaddressed any comments provided bythe Federal Land Managers.

(4) The plan (or plan revision) must

provide procedures for continuingconsultation between the State and

Federal Land Manager on the

implementation of the visibilityprotection program required by thissubpart, including development andreview of implementation plan revisionsand 5-year progress reports, and on theimplementation of other programshaving the potential to contribute to

impairment of visibility in mandatoryClass I Federal areas.

9.

A new § 51.309 is added to subpart

P to read as follows:§ 51.309 Requirements related to the Grand Canyon Visibility TransportCommission.

(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 16Class I areas covered by the GrandCanyon Visibility TransportCommission Report. For the years 2003to 2018, certain States (defined in

paragraph (b) of this section as

Transport Region States) may choose to

implement the Commission’srecommendations within the frameworkof the national regional haze programand applicable requirements of the Act

by complying with the provisions of thissection, as supplemented by anapprovable Annex to the CommissionReport as required by paragraph (t) ofthis section. If a transport region State

submits an implementation plan whichis approved by EPA as meeting therequirements of this section, it will bedeemed to comply with the

requirements for reasonable progress forthe period from approval of the plan to

2018.