UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

 

May 10, 2016

Dear Tribal Leader:

On May 4, 2016, the Environmental Protection Agency proposed regulatory revisions to the visibility 

protection requirements contained in the Regional Haze Rule that states must adhere to when submitting 

state implementation plans (SIPs) and progress reports for regional haze. Periodic regional haze SIPs are 

required by the Clean Air Act (CAA) and federal rules in order to provide for reasonable progress 

towards the goal of restoration of natural conditions of visibility in national parks, wilderness areas and 

other mandatory designated Class I areas. This requirement does not apply to areas that states or tribes 

have designated as “non-mandatory”1 Class I areas.2

The purpose of this letter is to invite you to consult on this proposed rulemaking. We provided an 

overview of the proposed rule on the National Tribal Air Association call on April 28, 2016. We can be

available to discuss the proposed revisions in other settings as well. 

This proposal would make the following changes to the regional haze program: 

 Clarify several aspects to reflect our long-standing interpretation of the Regional Haze Rule. 

These clarifications include: 

o Ensuring reasonable progress goals are set based on the long-term strategy; 

o Clarifying that the uniform rate of progress line starts at 2000-2004 for every planning 

period; 

o Explaining the analytical obligations on states setting reasonable progress goals that 

provide for a slower rate of progress than that needed to attain natural conditions by 

2064, including how states can account for impacts from international sources and 

prescribed fires needed for forest health; and 

o Clarifying the independent obligations of states with mandatory Class I federal areas and 

other states contributing to impairment at those areas.

 Clarify how the best and worst visibility days are selected for tracking progress in visibility.

 Discontinue the 1980s-era requirement for 36 states and territories with Class I areas to submit 

SIP revisions every 10 years that assess whether reasonably attributable visibility impairment 

(RAVI) is occurring and if necessary, adopt additional emission controls. Given the expected 

rarity of RAVI in light of the more comprehensive regional haze planning requirements adopted 

in 1999, it is more efficient to deal with any RAVI on an as-needed basis, via the Federal Land 

Manager (FLM) certification process (next item). The proposed action would also remove the 

 

1 Areas designated as mandatory Class I areas consist of national parks exceeding 6,000 acres, wilderness areas and national 

memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. 42 U.S.C. 

7472(a). Although states and tribes may designate as Class I additional areas that they consider to have visibility as an 

important value, the requirements of the visibility program set forth in section 169A of the CAA apply only to “mandatory 

Class I Federal areas.”

2 The Regional Haze Rule may apply, as appropriate under the Tribal Authority Rule in 40 CFR part 49, to an Indian tribe 

that receives a determination of eligibility for treatment as a state for purposes of administering a tribal visibility protection 

program under section 169A of the CAA. No tribe has applied for such status, and so at present the EPA is responsible for 

implementation of the Regional Haze Rule in areas of tribal authority.

OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
obligation for the EPA to periodically assess RAVI for the 20 states that never committed to 

meet this requirement.

 Clarify and continue for these 36 states and territories, and extend to the remaining 16, the ability 

of an FLM (e.g., the National Park Service) to certify to a state that RAVI is occurring, and, thus, 

trigger a requirement for the state to either rebut this determination or adopt additional emission 

controls necessary to make reasonable progress towards the goal of restoring natural visibility 

conditions. Ultimately, the EPA would determine if the state’s response is sufficient.

 Strengthen FLM consultation requirements so that states consult with FLMs earlier in the 

development of a SIP revision or progress report. This will help allow adequate time for the state 

to incorporate FLM input.

 Extend the next SIP due date of July 31, 2018, by 3 years to July 31, 2021. Allowing states 

additional time to coordinate regional haze planning with other regulatory programs would allow 

them to gather more information on the effects of several recently promulgated federal emission 

control requirements and thus develop SIP revisions that are more integrated with state planning 

for these other programs. Subsequent SIPs will continue to be due in 2028, 2038, etc.

 Change submission deadlines for progress reports and remove the requirement that progress 

reports be submitted as SIP revisions. 

 Additional changes to requirements for SIP revisions for the second and subsequent planning 

periods, included in a comprehensive reorganization and rewrite of the subsection of the 

Regional Haze Rule (40 CFR §51.308(f)) applicable to the second and subsequent planning 

periods only. This approach will avoid complicating any outstanding actions or pending 

litigation related to the first planning period.

 Clarify several terms in the current rule text and update cross references.

There will be a public hearing on the rule at the EPA headquarters in Washington, D.C. on 

May 19, 2016. There will be a second public hearing at the EPA Region 8 office in Denver, CO on 

June 1, 2016. The public comment period ends on July 5, 2016. For more information on the rule,

including links to the rule as published in the Federal Register on May 4, 2016, please visit: 

https://www.epa.gov/visibility/visibility-regulatory-actions.

The EPA expects that this rule, when finalized, will help improve environmental protection within

Indian country and nationwide and the EPA does not expect that the proposed rule will have adverse

implications for tribes. However, to ensure that your lands and interests are protected, we are offering to

consult with you or your designee should you desire. We welcome any additional information about the

visibility protection requirements or potential impacts that you would like to share. If you desire

government-to-government consultation with the EPA, we kindly request that you notify us by June 10, 

2016, by contacting Toni Colón at (919) 541-0069; email: colon.toni@epa.gov. 

We strive to conduct our efforts with sensitivity to the needs and culture of your tribe, and with attention

to the potential effect of our actions. We look forward to receiving your input.

Sincerely,

 /s/

Anna Marie Wood

 Director

 Air Quality Policy Division

cc: Tribal Environmental Director

Tribal Environmental Staff