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Confidential and Deliberative – Do Not Circulate Ou tside EPA 1 40 CFR Part 51, Subpart P: Protection of Visibility

§51.300 Purpose and applicability. (a) Purpose . The primary purposes of this subpart are to requi re States to develop programs to assure reasonable progress toward meeting the natio nal goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution; and to establish necessary additional procedures for new source permit applicants, States and Federa l Land Managers to use in conducting the visibility impact analysis required for new sources under §51.166. This subpart sets forth requirements addressing visibility impairment in it s two principal forms: “reasonably attributable” impairment (i.e., impairment attribut able to a single source/small group of sources) and regional haze (i.e., widespread haze from a mul titude of sources which impairs visibility in every direction over a large area). (b) Applicability —(1) General Applicability. The provisions of this subpart pertaining to implementation plan requirements for assuring reaso nable progress in preventing any future and remedying any existing visibility impairment are ap plicable to: (i) Each State which has a mandatory Class I Federa l area identified in part 81, subpart D, of this title, and (ii) each State in which there is any so urce the emissions from which may reasonably be anticipated to cause or contribute to any impair ment of visibility in any such area. (2) The provisions of this subpart pertaining to im plementation plans to address reasonably attributable visibility impairment are applicable t o the following States: Alabama, Alaska, Arizona, Arkansas, California, Col orado, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mi ssouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Ver mont, Virginia, Virgin Islands, Washington, West Virginia, Wyoming. (3) The provisions of this subpart pertaining to im plementation plans to address regional haze visibility impairment—The provisions of this subpar t are applicable to all States as defined in section 302(d) of the Clean Air Act (CAA) except Gu am, Puerto Rico, American Samoa, and the Northern Mariana Islands.

§51.301 Definitions. For purposes of this subpart: Adverse impact on visibility means, for purposes of section 307, visibility imp airment which interferes with the management, protection, preserv ation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determ ination must be made on a case-by-case basis taking into account the geographic extent, intensit y, duration, frequency and time of visibilityPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 2 impairments, and how these factors correlate with ( 1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural c onditions that reduce visibility. This term does not include effects on integral vistas. Agency means the U.S. Environmental Protection Agency. BART-eligible source means an existing stationary facility as defined i n this section. Best Available Retrofit Technology (BART) means an emission limitation based on the degree o f reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, takin g into consideration the technology available, the costs of compliance, the energy and nonair qual ity environmental impacts of compliance, any pollution control equipment in use or in existence 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. Building, structure, or

facility means all of the pollutant-emitting activities whi ch belong to the same industrial grouping, are located on one or mor e contiguous or adjacent properties, and are under the control of the same person (or persons un der common control). Pollutant-emitting activities must be considered as part of the same i ndustrial grouping if they belong to the same Major Group (i.e., which have the same two-digit co de) as described in the Standard Industrial Classification Manual, 1972 as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0 respectively). Clearest days means the twenty percent of monitored days in a ca lendar year with the lowest values of the deciview index.

Deciview means a is the unit of measurement on the deciview index scale for quantifying in a standard manner human perceptions of visibility impairment. A deciview is a haze.

Deciview index

means a value for a day that is derived from calculated light extinction, such tha t uniform changes in hazinessincrements of the index correspond to uniform incremental changes in perception across the entire range of conditions , from pristine to highly impaired.very obscured. The deciview haze index is calculated based on the following equatio n (for the purposes of calculating deciview, the atmospheric l ight extinction coefficient must be calculated from aerosol measurements):

Deciview haze index=10 ln e (b ext /10 Mm −1 ).

b ext =the atmospheric light extinction coefficient, expr essed in inverse megameters (Mm−1). End of the applicable implementation period means December 31 of the year in which the next periodic comprehensive implementation plan revision is due under §51.308(f). Existing stationary facility means any of the following stationary sources of a ir pollutants, including any reconstructed source, which was not i n operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potenti al to emit 250 tons per year or more of any airPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 3 pollutant. In determining potential to emit, fugiti ve emissions, to the extent quantifiable, must be counted. Fossil-fuel fired steam electric plants of more tha n 250 million British thermal units per hour heat input, Coal cleaning plants (thermal dryers), Kraft pulp mills, Portland cement plants, Primary zinc smelters, Iron and steel mill plants, Primary aluminum ore reduction plants, Primary copper smelters, Municipal incinerators capable of charging more tha n 250 tons of refuse per day, Hydrofluoric, sulfuric, and nitric acid plants, Petroleum refineries, Lime plants, Phosphate rock processing plants, Coke oven batteries, Sulfur recovery plants, Carbon black plants (furnace process), Primary lead smelters, Fuel conversion plants, Sintering plants, Secondary metal production facilities, Chemical process plants,

Fossil-fuel boilers of more than 250 million Britis h thermal units per hour heat input, Petroleum storage and transfer facilities with a ca pacity exceeding 300,000 barrels, Taconite ore processing facilities, Glass fiber processing plants, and Charcoal production facilities.

Federal Class I area or Class I Federal area means any Federal land that is classified or reclassified Class I. Mandatory Federal Class I areas are identified in part 81, subpart D. Other Federal Class I areas are identified in part 52 of this title.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 4 Federal Land Manager

means the Secretary of the department with authori ty over the Federal Class I area (or the Secretary's designee) or, with respect to Roosevelt-Campobello International Park, the Chairman of the Roosevelt-Campobello Inte rnational Park Commission. Federally enforceable means all limitations and conditions which are enf orceable by the Administrator under the Clean Air Act including tho se requirements developed pursuant to parts 60 and 61 of this title, requirements within any ap plicable State Implementation Plan, and any permit requirements established pursuant to §52.21 of this chapter or under regulations approved pursuant to part 51, 52, or 60 of this title. Fixed capital cost

means the capital needed to provide all of the dep reciable components. Fugitive Emissions means those emissions which could not reasonably p ass through a stack, chimney, vent, or other functionally equivalent ope ning. Geographic enhancement for the purpose of §51.308 means a method, procedure, or process to allow a broad regional strategy, such as an emissio ns trading program designed to achieve greater reasonable progress than BART for regional haze, to accommodate BART for reasonably attributable impairment. Implementation plan means, for the purposes of this part, any State Im plementation Plan, Federal Implementation Plan, or Tribal Implementation Plan.

Indian tribe or tribe means any Indian tribe, band, nation, or other org anized group or community, including any Alaska Native village, whi ch is federally recognized as eligible for the special programs and services provided by the Unite d States to Indians because of their status as Indians.

In existence means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has (1) begun, or ca used to begin, a continuous program of physical on-site construction of the facility or (2 ) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time. In operation means engaged in activity related to the primary d esign function of the source.

Installation means an identifiable piece of process equipment. Integral vista means a view perceived from within the mandatory C lass I Federal area of a specific landmark or panorama located outside the b oundary of the mandatory Class I Federal

area. Least impaired days means the average visibility impairment (measured in deciview s) for the twenty percent of monitored days in a calendar year with the lowest amountamounts of visibility impairment.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 5 Major stationary source and major modification mean major stationary source and major modification, respectively, as defined in §51.166. Mandatory Class I Federal Area or Mandatory Federal Class I Area means any area identified in part 81, subpart D of this title. Most impaired days means the average visibility impairment (measured in deciview s) for the twenty percent of monitored days in a calendar year with the highest amountamounts of visibility impairment.

Natural conditions includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. Natural visibility conditions means visibility (light extinction, visual range, contrast, coloration) that would have existed under natural conditions. N atural visibility conditions vary with time and location, and are estimated or inferred rather than directly measured.

Potential to emit

means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or op erational limitation on the capacity of the source to emit a pollutant including air pollution control equipment and restrictions on hours of operation or on the type or amount of material comb usted, stored, or processed, shall be treated as part of its design if the limitation or the effe ct it would have on emissions is federally enforceable. Secondary emissions do not count in de termining the potential to emit of a stationary source. Reasonably attributable means attributable by visual observation or any ot her technique the State deems appropriate . technique. Reasonably attributable visibility impairment means visibility impairment that is caused by the emission of air pollutants from one, or a small num ber of sources.

Reconstruction will be presumed to have taken place where the fix ed capital cost of the new component exceeds 50 percent of the fixed capital c ost of a comparable entirely new source. Any final decision as to whether reconstruction has occ urred must be made in accordance with the provisions of §60.15 (f) (1) through (3) of this ti tle. Regional haze means visibility impairment that is caused by the emission of air pollutants from numerous sources located over a wide geographic are a. Such sources include, but are not limited to, major and minor stationary sources, mobile sour ces, and area sources. Secondary emissions means emissions which occur as a result of the con struction or operation of an existing stationary facility but do not come fro m the existing stationary facility. Secondary emissions may include, but are not limited to, emis sions from ships or trains coming to or from the existing stationary facility. Significant impairment

means, for purposes of §51.303, visibility impairm ent which, in the judgment of the Administrator, interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory Class I Federal area. This determination must be made on a case-by-case basis taking into account the geographic extent,Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 6 intensity, duration, frequency and time of the visi bility impairment, and how these factors correlate with (1) times of visitor use of the mand atory Class I Federal area, and (2) the frequency and timing of natural conditions that red uce visibility.

State means “State” as defined in section 302(d) of the CAA. Stationary Source means any building, structure, facility, or instal lation which emits or may emit any air pollutant. Visibility means the degree of perceived clarity when viewing objects at a distance. Visibility depends on light extinction, visual range, contrast , or coloration. Visibility impairment

means any humanly perceptible change indifference between actual visibility (light extinction, visual range, contrast, colorati on) from that which would have existed under natural conditions and natural visibility conditions. Because natural visibility conditions can only be estimated or inferred, visibility impai rment also is estimated or inferred rather than directly measured

. Visibility in any mandatory Class I Federal area includes any integral vista associated with that

area.

§51.302 Implementation control strategies for reasonablyRea sonably attributable visibility impairment. (a) Plan Revision Procedures . (1) Each State identified in §51.300(b)(2) must h ave submitted, not later than September 2, 1981, an implementation plan meeting the requirements of this subpart pertaining to reasonably attributable visib ility impairment. (2)(i) The State, prior to adoption of any implemen tation plan to address reasonably attributable visibility impairment required by this subpart, mus t conduct one or more public hearings on such plan in accordance with §51.102. (ii) In addition to the requirements in §51.102, th e State must provide written notification of such hearings to each affected Federal Land Manager, and other affected States, and must state where the public can inspect a summary prepared by the Fe deral Land Managers of their conclusions and recommendations, if any, on the proposed plan r evision.(a (3) Submission of plans as required by this subpart mus t be conducted in accordance with the procedures in §51.103. (b) State and Federal Land Manager Coordination. (1) The State must identify to the Federal Land Managers, in writing and within 30 days of the date of promulgation of these regulations, the title of the official to which the Federal Land Manager of any mandatory Class I Federal area can submit a recommendation on the implementation o f this subpart including, but not limited to: (i) A list of integral vistas that are to be listed by the State for the purpose of implementing section 304, (ii) Identification of impairment of visibility in any mandatory Class I Federal area(s), andPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 7 (iii) Identification of elements for inclusion in t he visibility monitoring strategy required by section 305. (2) The State must provide opportunity for consulta tion, in person and at least 60 days prior to holding any public hearing on the plan, with the Fe deral Land Manager on the proposed SIP revision required by this subpart. This consultatio n must include the opportunity for the affected Federal Land Managers to discuss their: (i) Assessment of impairment of visibility in any m andatory Class I Federal area, and (ii) Recommendations on the development of the long -term strategy. (3) The plan must provide procedures for continuing consultation between the State and Federal Land Manager on the implementation of the visibilit y protection program required by this subpart. (c) General plan requirements for reasonably attributab le visibility impairment. (1 ) The affected Federal Land Manager may certify to the State , at any time, that there exists reasonably attributable impairment of visibility in any mandat ory Class I Federal area and identify which single source or small number of sources is respons ible for such impairment. The affected Federal Land Manager will provide the certification to the State in which the impairment occurs and the State(s) in which the source(s) is located

. (2) The plan must contain the following to address reasonably attributable impairment: (i(b) The State(s) shall revise its regional haze i mplementation plan, in accordance with the schedules set forth in paragraphs (d)(1) and (d)(2) of this section, to include for each source or small number of sources that the Federal Land Manag er has identified in whole or in part for reasonably attributable visibility impairment as pa rt of a certification under paragraph (a) of this section: (1 ) A long-term (10-15 years) strategy, as specifieddeter mination, based on the factors set forth in §51. 305 and §51.306, including such emission limitation s, schedules of compliance, and such other measures including schedules for the implemen tation of the elements308(d)(1)(i)(A), of the long-term strategy as may becontrol measures, if an y, that are necessary with respect to the source or sources in order for the plan to make reasonable progress toward the national goal specified in §51.300(a).natural visibility conditio ns in the affected Class I Federal area; ( ii) An assessment of visibility impairment and a di scussion of how each element of the plan relates to the preventing of future or remedying of existing impairment of visibility in any mandatory Class I Federal area within the State. (iii2 ) Emission limitations representing BARTthat reflect the degree of emissio n reduction achievable by such control measures and schedules for compliance with BART for each existing stationary facility identified according to paragra ph (c)(4) of this section.as expeditiously as practicable; andPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 8 (3) The plan must require each source to maintain contr ol equipment required by this subpartMonitoring, recordkeeping, and establish proceduresreporting requirements sufficie nt to

ensure such control equipmentthe enforceability of the emi ssion limitations. (c) If a source that the Federal Land Manager has i dentified as responsible in whole or in part for reasonably attributable visibility impairment as pa rt of a certification under paragraph (a) of this section is properly operateda BART-eligible source, and maintained.if there is not in effect as of the date of the certification a fully or conditiona lly approved implementation plan addressing the BART requirement for that source (which existing pl an may incorporate either source-specific emission limitations reflecting the emission contro l performance of BART, an alternative program to address the BART requirement under §51.3 08(e)(2), (3), and (4), or for sources of SO 2 a program approved under paragraph §51.309(d)(4)), then the State shall revise its regional haze implementation plan to meet the requirements o f §51.308(e) with respect to that source, taking into account current conditions related to t he factors listed in §51.308(e)(1)(ii)(A). This requirement is in addition to the requirement of pa ragraph (b) of this section. ( 4d)(1 ) For any existing reasonably attributable visibili ty impairment the Federal Land Manager certifies to the State (s) under paragraph ( c)(1a ) of this section , at least 6 months more than 2

years prior to the due date for a regional haze implementation plan submission or revision : required under §51.308(f), the State(s) shall inclu de the elements described in paragraphs (b) and (c) in such revision and such elements shall be con sidered a required part of such revision. (i) The State must identify and analyze for BART ea ch existing stationary facility which may reasonably be anticipated to cause or contribute to impairment of visibility in any mandatory Class I Federal area where the impairment in the ma ndatory Class I Federal area is reasonably attributable to that existing stationary facility. The State need not consider any integral vista the Federal Land Manager did not identify pursuant to § 51.304(b) at least 6 months before plan submission. (ii) If the State determines that technologicial or economic limitations on the applicability of measurement methodology to a particular existing st ationary facility would make the imposition of an emission standard infeasible it may instead p rescribe 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 t he emission reduction to be achieved by implementation of such design, equipment, work prac tice or operation, and must provide for compliance by means which achieve equivalent result s. (iii) BART must be determined for fossil-fuel fired generating plants having a total generating capacity in excess of 750 megawatts pursuant to “Gu idelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities” (1980), which is incorporated by reference, exclusi ve of appendix E to the Guidelines, except that options more stringent than NSPS must be consi dered. Establishing a BART emission limitation equivalent to the NSPS level of control is not a sufficient basis to avoid the analysis of control options required by the guidelines. This do cument is EPA publication No. 450/3-80-009b and has been approved for incorporation by referenc e by the Director of the Federal Register inPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 9 accordance with 5 U.S.C. 552(a) and 1 CFR part 51. It is for sale from the U.S. Department of Commerce, National Technical Information Service, 5 285 Port Royal Road, Springfield, Virginia 22161. It is also available for inspection from the National Archives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202- 741-6030, or go to: (iv) The plan must require that each existing stati onary facility required to install and operate BART do so as expeditiously as practicable but in n o case later than five years after plan approval. (v) The plan must provide for a BART analysis of an y existing stationary facility that might cause or contribute to impairment of visibility in any mandatory Class I Federal area identified under this paragraph (c)(4) at such times, as deter mined by the Administrator, as new technology for control of the pollutant becomes reasonably ava ilable if: (A) The pollutant is emitted by that existing stati onary facility, (B) Controls representing BART for the pollutant ha ve not previously been required under this subpart, and (C) The impairment of visibility in any mandatory C lass I Federal area is reasonably attributable to the emissions of that pollutant. (2) For any existing reasonably attributable visibi lity impairment the Federal Land Manager certifies to the State(s) under paragraph (a) of th is section less than 2 years prior to the due date for a regional haze implementation plan revision re quired under §51.308(f), but no more than 6 months subsequent to that due date, the State(s) sh all submit a revision to its regional haze implementation plan that includes the elements desc ribed in paragraph (b) and (c) no later than 2 years after the date of the certification. The Stat e(s) is not required at that time to also revise it s reasonable progress goals to reflect the additional emission reductions required from the source

or sources.

§51.303 Exemptions from control. (a)(1) Any existing stationary facility subject to the requirement under §51.302 to install, operate, and maintain BART may apply to the Adminis trator for an exemption from that requirement. (2) An application under this section must include all available documentation relevant to the impact of the source's emissions on visibility in a ny mandatory Class I Federal area and a demonstration by the existing stationary facility t hat it does not or will not, by itself or in combination with other sources, emit any air pollut ant which may be reasonably anticipated to cause or contribute to a significant impairment of visibility in any mandatory Class I Federal

area. (b) Any fossil-fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from BART only if the owne r or operator of such power plantPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 10 demonstrates to the satisfaction of the Administrat or that such power plant is located at such a distance from all mandatory Class I Federal areas t hat such power plant does not or will not, by itself or in combination with other sources, emit a ny air pollutant which may reasonably be anticipated to cause or contribute to significant i mpairment of visibility in any such mandatory Class I Federal area. (c) Application under this §51.303 must be accompan ied by a written concurrence from the State with regulatory authority over the source. (d) The existing stationary facility must give prio r written notice to all affected Federal Land Managers of any application for exemption under thi s §51.303. (e) The Federal Land Manager may provide an initial recommendation or comment on the disposition of such application. Such recommendatio n, where provided, must be part of the exemption application. This recommendation is not t o be construed as the concurrence required under paragraph (h) of this section. (f) The Administrator, within 90 days of receipt of an application for exemption from control, will provide notice of receipt of an exemption appl ication and notice of opportunity for public hearing on the application. (g) After notice and opportunity for public hearing , the Administrator may grant or deny the exemption. For purposes of judicial review, final E PA action on an application for an exemption under this §51.303 will not occur until EPA approve s or disapproves the State Implementation Plan revision. (h) An exemption granted by the Administrator under this §51.303 will be effective only upon concurrence by all affected Federal Land Managers w ith the Administrator's determination.

§51.304 Identification of integral vistas. (a) On or before December 31, 1985 the Federal Land Manager may Managers were required to identify any integral vista The integral vista must be identified vistas on or before December 31, 1985, according to criteria the Federal Land Manager developsManagers developed. These criteria must includehave included , but arewere not limited to, whether the integral vista iswas important to the visitor's visual experience of the mandatory Class I Federal area. Adoption of criteria must be preceded by reasonable notice and opportunity for public comment on the proposed criteria. (b) The Federal Land Manager must notify the State of any integral vistas identified under paragraph (a) of this section, and the reasons ther efor. (b) The following integral vistas were identified b y Federal Land Managers: at Roosevelt Campobello International Park, from the observation point of Roosevelt cottage and beach area,Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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11 the viewing angle from 244 to 256 degrees; and at R oosevelt Campobello International Park, from the observation point of Friar’s Head, the vie wing angle from 154 to 194 degrees. (c) The State must list in its implementation plan any integral vista the Federal Land Manager identifies at least six months prior to plan submis sion, and must listlisted in its implementation plan at its earliest opportunity, and in no case la ter than at the time of the periodic review of the SIP required by §51.306(c), any integral vista the Federal Land Manager identifies after that timeparagraph (b) of this section

. (d) The State need not in its implementation plan l ist any integral vista the indentification of which was not made in accordance with the criteria in paragraph (a) of this section. In making this finding, the State must carefully consider the expertise of the Federal Land Manager in making the judgments called for by the criteria for identification. Where the State and the Federal Land Manager disagree on the identification of any integral vista, the State must give the Federal Land Manager an opportunity to consult with the Governor of the State.

§51.305 Monitoring for reasonably attributable visi bility impairment. (a) For the purposes of addressing reasonably attributa ble visibility impairment, eachif the Administrator, Regional Administrator, or the affec ted Federal Land Manager has advised a State containing a mandatory Class I Federal area of a need for monitoring to assess reasonably attributable visibility impairment at a mandatory C lass I Federal area in addition to the monitoring currently being conducted to meet the re quirements of §51.308(d)(4), the State must include in the next implementation plan arevision to meet the requirement of §51.308(f) an appropriate strategy for evaluating reasonably attributable vi sibility impairment in anythe mandatory Class I Federal area by visual observatio n or other appropriate monitoring techniques. Such strategy must take into account current and an ticipated visibility monitoring research, the availability of appropriate monitoring techniques, and such guidance as is provided by the Agency. (b) The plan must provide for the consideration of available visibility data and must provide a mechanism for its use in decisions required by this subpart. §51.306 Long-term strategy requirements for reasona bly attributable visibility impairment. (a)(1) For the purposes of addressing reasonably at tributable visibility impairment, each plan must include a long-term (10-15 years) strategy for making reasonable progress toward the national goal specified in §51.300(a). This strateg y must cover any existing impairment the Federal Land Manager certifies to the State at leas t 6 months prior to plan submission, and any integral vista of which the Federal Land Manager no tifies the State at least 6 months prior to plan submission.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 12 (2) A long-term strategy must be developed for each mandatory Class I Federal area located within the State and each mandatory Class I Federal area located outside the State which may be affected by sources within the State. This does not preclude the development of a single comprehensive plan for all such areas. (3) The plan must set forth with reasonable specifi city why the long-term strategy is adequate for making reasonable progress toward the national visi bility goal, including remedying existing and preventing future impairment. (b) The State must coordinate its long-term strateg y for an area with existing plans and goals, including those provided by the affected Federal La nd Managers, that may affect impairment of visibility in any mandatory Class I Federal area. (c) The plan must provide for periodic review and r evision, as appropriate, of the long-term strategy for addressing reasonably attributable vis ibility impairment. The plan must provide for such periodic review and revision not less frequent ly than every 3 years until the date of submission of the State's first plan addressing reg ional haze visibility impairment in accordance with §51.308(b) and (c). On or before this date, th e State must revise its plan to provide for review and revision of a coordinated long-term stra tegy for addressing reasonably attributable and regional haze visibility impairment, and the St ate must submit the first such coordinated long-term strategy. Future coordinated long-term st rategies must be submitted consistent with the schedule for periodic progress reports set forth in §51.308(g). Until the State revises its plan to meet this requirement, the State must continue to c omply with existing requirements for plan review and revision, and with all emission manageme nt requirements in the plan to address reasonably attributable impairment. This requiremen t does not affect 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 regional haze plan. In addition, the plan must provide for review of the long-term strategy a s it applies to reasonably attributable impairment, and revision as appropriate, within 3 y ears of State receipt of any certification of reasonably attributable impairment from a Federal L and Manager. The review process must include consultation with the appropriate Federal L and Managers, and the State must provide a report to the public and the Administrator on progr ess toward the national goal. This report must include an assessment of: (1) The progress achieved in remedying existing imp airment of visibility in any mandatory Class I Federal area; (2) The ability of the long-term strategy to preven t future impairment of visibility in any mandatory Class I Federal area; (3) Any change in visibility since the last such re port, or, in the case of the first report, since pl an approval; (4) Additional measures, including the need for SIP revisions, that may be necessary to assure reasonable progress toward the national visibility goal;Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 13 (5) The progress achieved in implementing BART and meeting other schedules set forth in the long-term strategy; (6) The impact of any exemption granted under §51.3 03; (7) The need for BART to remedy existing visibility impairment of any integral vista listed in the plan since the last such report, or, in the case of the first report, since plan approval. (d) The long-term strategy must provide for review of the impacts from any new major stationary source or major modifications on visibility in any mandatory Class I Federal area. This review of major stationary sources or major modifications mus t be in accordance with §51.307, §51.166, §51.160, and any other binding guidance provided by the Agency insofar as these provisions pertain to protection of visibility in any mandator y Class I Federal areas. (e) The State must consider, at a minimum, the foll owing factors during the development of its long-term strategy: (1) Emission reductions due to ongoing air pollutio n control programs, (2) Additional emission limitations and schedules f or compliance, (3) Measures to mitigate the impacts of constructio n activities, (4) Source retirement and replacement schedules, (5) Smoke management techniques for agricultural an d forestry management purposes including such plans as currently exist within the State for these purposes, and (6) Enforceability of emission limitations and cont rol measures. (f) The plan must discuss the reasons why the above and other reasonable measures considered in the development of the long-term strategy were o r were not adopted as part of the long-term strategy. (g) The State, in developing the long-term strategy , must take into account the effect of new sources, and the costs of compliance, the time nece ssary for compliance, the energy and nonair quality environmental impacts of compliance, and th e remaining useful life of any affected existing source and equipment therein. §51.306 [Reserved]

§51.307 New source review. (a) For purposes of new source review of any new m ajor stationary source or major modification that would be constructed in an area that is design ated attainment or unclassified under section 107(d )(1)(D) or (E ) of the CAA, the State plan must, in any review un der §51.166 with respect to visibility protection and analyses, provide for:Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 14 (1) Written notification of all affected Federal La nd Managers of any proposed new major stationary source or major modification that may af fect visibility in any Federal Class I area. Such notification must be made in writing and inclu de 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. S uch notification must include an analysis of the anticipated impacts on visibility in any Federal Cl ass I area, (2) Where the State requires or receives advance no tification (e.g. early consultation with the source prior to submission of the application or no tification 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 advanc e notification, and (3) Consideration of any analysis performed by the Federal Land Manager, provided within 30 days of the notification and analysis required by p aragraph (a)(1) of this section, that such proposed new major stationary source or major modif ication may have an adverse impact on visibility in any Federal Class I area. Where the S tate finds that such an analysis does not demonstrate to the satisfaction of the State that a n adverse impact will result in the Federal Class I area, the State must, in the notice of public hea ring, 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 a ny new major stationary source or major modification: (1) That may have an impact on any integral vista o f a mandatory Class I Federal area , if it is identified listed 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 i dentified 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 ident ification criteria,(b), or (2) That proposes to locate in an area classified a s nonattainment under section 107(d)(1 )(A), (B), or (C ) of the Clean Air Act that may have an impact on v isibility 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 para graph (a) of this section, and §51.166(o), (p)(1) through (2), and (q). In conducting such rev iews 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 qua lity environmental impacts of compliance, and the useful life of the source.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 15 (d) The State may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for suc h purposes and by such means as the State deems necessary and appropriate.

§51.308 Regional haze program requirements. (a) What is the purpose of this section? This section establishes requirements for implemen tation plans, plan revisions, and periodic progress review s to address regional haze. (b) When are the first implementation plans due under t he regional haze program? Except as provided in §51.309(c), each State identified in §5 1.300(b )(3 ) must submit, for the entire State, an implementation plan for regional haze meeting th e requirements of paragraphs (d) and (e) of this section no later than December 17, 2007. (c) [Reserved] (c) What is the relationship between requirements for r egional haze and requirements for reasonably attributable visibility impairment? A State must address any reasonably attributable visibility impairment certi fied by a Federal Land Manager under §51.302(a) in its regional haze implementation plan , as required by §51.302(b)-(d). A State must also meet the requirements of §51.305 if the Admini strator, Regional Administrator, or the Federal Land Manager has advised a State under §51. 305 of a need for additional monitoring to assess reasonably attributable visibility impairmen t at a mandatory Class I Federal area. (d) What are the core requirements for the implementati on 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 r equirements for regional haze for these areas, the State must submit an implementation plan contai ning the following plan elements and supporting documentation for all required analyses: (1) Reasonable progress goals. For each mandatory Class I Federal area located wi thin the State, the State must establish goals (expressed in decivi ews) that provide for reasonable progress towards achieving natural visibility conditions. Th e 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 th e 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 nece ssary for compliance, the energy and non-air quality environmental impacts of compliance, and th e remaining useful life of any potentially affected sources, and include a demonstration showi ng how these factors were taken into consideration in selecting the goal.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 16 (B) Analyze and determine the rate of progress need ed 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 (measure d in deciviews) that would need to be maintained during each implementation period in ord er 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 reductio n 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 v isibility than the rate that would be needed to attain natural conditions by 2064, the State must d emonstrate, based on the factors in paragraph (d)(1)(i)(A) of this section, that the rate of prog ress 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 fo r 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 selec ted by the State as reasonable. (iii) In determining whether the State's goal for v isibility 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, t he State must consult with those States which may reasonably be anticipated to cause or contribut e 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 disagree ment. In reviewing the State's implementation plan submittal, the Administrator will take this in formation into account in determining whether the State's goal for visibility improvement provide s for reasonable progress towards natural visibility conditions. (v) The reasonable progress goals established by th e State are not directly enforceable but will be considered by the Administrator in evaluating the a dequacy of the measures in the implementation plan to achieve the progress goal ad opted by the State. (vi) The State may not adopt a reasonable progress goal that represents less visibility improvement than is expected to result from impleme ntation of other requirements of the CAA during the applicable planning period. (2) Calculations of baseline and natural visibility con ditions. For each mandatory Class I Federal area located within the State, the State must deter mine the following visibility conditions (expressed in deciviews): (i) Baseline visibility conditions for the most imp aired and least impaired days. The period for establishing baseline visibility conditions is 2000 to 2004. Baseline visibility conditions must bePart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 17 calculated, using available monitoring data, by est ablishing 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 t hese annual values. For mandatory Class I Federal areas without onsite monitoring data for 20 00-2004, the State must establish baseline values using the most representative available moni toring data for 2000-2004, in consultation with the Administrator or his or her designee; (ii) For an implementation plan that is submitted b y 2003, the period for establishing baseline visibility conditions for the period of the first l ong-term 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 Federa l 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 d esignee; (iii) Natural visibility conditions for the most im paired and least impaired days. Natural visibility conditions must be calculated by estimating the deg ree of visibility impairment existing under natural conditions for the most impaired and least impaired days, based on available monitoring information and appropriate data analysis technique s; 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 b aseline conditions exceed natural visibility conditions for the most impaired and least impaired days ; or. (B) For all future implementation plan revisions, t he 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 longterm strategy that addresses regional haze visibili ty impairment for each mandatory Class I Federal area within the State and for each mandator y Class I Federal area located outside the State whichthat may be affected by emissions from the State. The l ong-term strategy must include enforceable emissions limitations, complian ce schedules, and other measures as necessary to achieve the reasonable progress goals established by States having mandatory Class I Federal areas. In establishing its long-term stra tegy for regional haze, the State must meet the following requirements: (i) Where the State has emissions that are reasonab ly anticipated to contribute to visibility impairment in any mandatory Class I Federal area lo cated in another State or States, the State must consult with the other State(s) in order to de velop coordinated emission management strategies. The State must consult with any other S tate 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 impa irment in a mandatory Class I Federal area, the State must demonstrate that it has included in its implementation plan all measures necessary toPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 18 obtain its share of the emission reductions needed to meet the progress goal for the area. If the State has participated in a regional planning proce ss, the State must ensure it has included all measures needed to achieve its apportionment of emi ssion 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 deter mine its apportionment of emission reduction obligations necessary for achieving reasonable prog ress in each mandatory Class I Federal area it affects. The State may meet this requirement by rel ying 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 strategie s 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 sour ces of visibility impairment considered by the State in developing its long-term strategy. The Sta te should consider major and minor stationary sources, mobile sources, and area sources. (v) The State must consider, at a minimum, the foll owing factors in developing its long-term strategy: (A) Emission reductions due to ongoing air pollutio n control programs, including measures to address reasonably attributable visibility impairme nt; (B) Measures to mitigate the impacts of constructio n activities; (C) Emissions limitations and schedules for complia nce to achieve the reasonable progress goal; (D) Source retirement and replacement schedules; (E) Smoke management techniques for agricultural an d forestry management purposes including plans as currently exist within the State for these purposes; (F) Enforceability of emissions limitations and con trol 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 l ong-term strategy. (4) Monitoring strategy and other implementation plan r equirements . The State must submit with the implementation plan a monitoring strategy for measuring, characterizing, and reporting of regional haze visibility impairment that is repr esentative of all mandatory Class I Federal areas within the State. This monitoring strategy mu st be coordinated with the monitoring strategy required in §51.305 for reasonably attributable vis ibility 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.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 19 (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 out side 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 c ontribution 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 r eporting of all visibility monitoring data to the Administrator at least annually for each mandat ory 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 pollutant s that are reasonably anticipated to cause or contribute to visibility impairment in any mandator y Class I Federal area. The inventory must include emissions for a baseline year, emissions fo r the most recent year for which data are available, and estimates of future projected emissi ons. The State must also include a commitment to update the inventory periodically. (vi) Other elements, including reporting, recordkee ping, and other measures, necessary to assess and report on visibility. (e) Best Available Retrofit Technology (BART) requireme nts for regional haze visibility impairment. The State must submit an implementation plan conta ining emission limitations representing BART and schedules for compliance with BART for each BART-eligible source that may reasonably be anticipated to cause or cont ribute to any impairment of visibility in any mandatory Class I Federal area, unless the State de monstrates that an emissions trading program or other alternative will achieve greater reasonabl e 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 ca use or contribute to any impairment of visibility in any mandatory Class I Federal area. A ll such sources are subject to BART. (A) The determination of BART must be based on an a nalysis of the best system of continuous emission control technology available and associate d 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, t he costs of compliance, the energy and nonair quality environmental impacts of compliance, any po llution control equipment in use at the source, the remaining useful life of the source, an d the degree of improvement in visibility which may reasonably be anticipated to result from the us e of such technology.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 20 (B) The determination of BART for fossil-fuel fired power plants having a total generating capacity greater than 750 megawatts must be made pu rsuant 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 de termination of BART for SO2 or for NO X 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 potentia l 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 p articular 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 there of, to require the application of BART. Such standard, to the degree possible, is to set forth t he emission reduction to be achieved by implementation of such design, equipment, work prac tice or operation, and must provide for compliance by means which achieve equivalent result s. (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 suc h equipment is properly operated and maintained. (2) A State may opt to implement or require partici pation in an emissions trading program or other alternative measure rather than to require so urces 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 oth er alternative measures, the State must submit an implementation plan containing the follow ing plan elements and include documentation for all required analyses: (i) A demonstration that the emissions trading prog ram or other alternative measure will achieve greater reasonable progress than would have resulte d from the installation and operation of BART at all sources subject to BART in the State an d 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 BAR T source categories covered by the alternative program. The State is not required to i nclude 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 t o the requirements of the alternative program, have a federally enforceable emission limitation de termined by the State and approved by EPAPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 21 as meeting BART in accordance with section 302(c) o r 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 em ission 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 m ust 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 oth er than BART (such as the core requirement to have a long-term 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 s imilar 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 reductio ns 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 alter native measure achieves greater reasonable progress than would be achieved through the install ation and operation of BART at the covered

sources. (ii) [Reserved] (iii) A requirement that all necessary emission red uctions 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 oth er alternative measure, including schedules for implementation, the emission reductions require d by the program, all necessary administrative and technical procedures for impleme nting the program, rules for accounting and monitoring emissions, and procedures for enforcemen t. (iv) A demonstration that the emission reductions r esulting from the emissions trading program or other alternative measure will be surplus to tho se 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 emi ssions trading program or other alternative measure may include a geographic enhancement to the program to address the requirement under §51.302( cb ) related to BART for reasonably attributable impairment from the pollut ants covered under the emissions trading program or other altern ative measure. (vi) For plans that include an emissions trading pr ogram that establishes a cap on total annual emissions of SO2 or NO X 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 purc hase, sell, and transfer allowances, the following elements are required concerning the emis sions covered by the cap:Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 22 (A) Applicability provisions defining the sources s ubject to the program. The State must demonstrate that the applicability provisions (incl uding the size criteria for including sources in the program) are designed to prevent any significan t potential shifting within the State of production and emissions from sources in the progra m to sources outside the program. In the case of a program covering sources in multiple Stat es, the States must demonstrate that the applicability provisions in each State cover essent ially the same size facilities and, if source categories are specified, cover the same source cat egories and prevent any significant, potential shifting within such States of production and emiss ions to sources outside the program. (B) Allowance provisions ensuring that the total va lue 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 all owance actually represents the same specified tonnage of emissions and that emissions are measure d with similar accuracy at all sources in the program. The monitoring provisions must require tha t boilers, combustion turbines, and cement kilns in the program allowed to sell or transfer al lowances 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 timeline ss as information provided under part 75 of this chapter. (D) Recordkeeping provisions that ensure the enforc eability of the emissions monitoring provisions and other program requirements. The reco rdkeeping provisions must require that boilers, combustion turbines, and cement kilns in t he program allowed to sell or transfer allowances must comply with the recordkeeping provi sions of part 75 of this chapter. The recordkeeping provisions must require that other so urces 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 chap ter, are of comparable stringency and require recording of comparable types of information and re tention 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 monit oring 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 t he program allowed to sell or transfer allowances must comply with the reporting provision s of part 75 of this chapter, except that, if the Administrator is not the tracking system admini strator for the program, emissions may be reported to the tracking system administrator, rath er than to the Administrator. The reporting provisions must require that other sources in the p rogram allowed to sell or transfer allowances must comply with reporting requirements that, as co mpared with the reporting provisions underPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 23 part 75 of this chapter, are of comparable stringen cy and require reporting of comparable types of information and require comparable timeliness an d 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 consiste nt manner all allowances and emissions in the

program. (G) Authorized account representative provisions en suring that the owners and operators of a source designate one individual who is authorized t o represent the owners and operators in all matters pertaining to the trading program. (H) Allowance transfer provisions providing procedu res 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 value of its allowance holdings , including the methods and procedures for determining whether emissions exceed allowance hold ings. Such method and procedures shall apply consistently from source to source. (J) Penalty provisions providing for mandatory allo wance deductions for excess emissions that apply consistently from source to source. The tonna ge value of the allowances deducted shall equal at least three times the tonnage of the exces s emissions. (K) For a trading program that allows banking of al lowances, provisions clarifying any restrictions on the use of these banked allowances. (L) Program assessment provisions providing for per iodic 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 so urces subject to BART to install, operate, and maintain BART may satisfy the final step of the dem onstration required by that section as follows: If the distribution of emissions is not su bstantially different than under BART, and the alternative measure results in greater emission red uctions, then the alternative measure may be deemed to achieve greater reasonable progress. If t he distribution of emissions is significantly different, the State must conduct dispersion modeli ng to determine differences in visibility between BART and the trading program for each impac ted Class I area, for the worst and best 20 percent of days. The modeling would demonstrate “gr eater 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 a ll affected Class I areas.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 24 (4) A State subject to a trading program establishe d 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, oper ate, 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 plan ts in the State to install, operate, and maintain BART for the pollutant covered by such trading prog ram in the State. A State may adopt provisions, consistent with the requirements applic able to the State for a trading program established in accordance with §52.38 or §52.39 und er the Transport Rule Federal Implementation Plan or established under a SIP revi sion that is approved as meeting the requirements of §52.38 or §52.39, for a geographic enhancement to the program to address theany requirement under §51.302( cb ) 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 rea sonable progress than the installation and operation of BART, BART-eligible sources will be su bject to the requirements of paragraph s (d) and (f) of this section , as applicable, in the same manner as other sources. (6) Any BART-eligible facility subject to the requi rement under paragraph (e) of this section to install, operate, and maintain BART may apply to th e Administrator for an exemption from that requirement. An application for an exemption will b e subject to the requirements of §51.303(a)(2)-(h). (f) Requirements for periodic 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, 20182021, July 31, 2028, and every ten10 years thereafter. The plan revision due on or before July 31, 2021 mu st include a commitment by the State to meet the requirements of paragraph (g). In each plan revision, the State must evaluateaddress regional haze in each mandatory Cla ss I Federal area located within the State and reassess all of the in each mandatory Class I Feder al area located outside the State that 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 implement ation plan containing the following plan elements and supporting documentation for all required in paragraph (d)analyses: (1) Calculations of baseline, current, and natural visi bility conditions; progress to date; and the uniform rate of progress. For each mandatory Class I Federal area located wi thin the State, the State must determine the following: (i) Baseline visibility conditions for the most impaire d and clearest days . The period for establishing baseline visibility conditions is 2000 to 2004. For purposes of calculating and displaying the uniform rate of progress needed to a ttain natural visibility conditions by the end of 2064, baseline visibility conditions must be associ ated with the last day of this section, takingPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 25 into account improvements in period. Baseline visib ility conditions must be calculated, using available monitoring data collection and , by establishing the average deciv iew index for the most impaired and clearest days for each calendar y ear from 2000 to 2004. The baseline visibility conditions are the average of these annu al values. For mandatory Class I Federal areas without onsite monitoring data for 2000-2004, the S tate must establish baseline values using the most representative available monitoring data for 2 000-2004, in consultation with the Administrator or his or her designee. (ii) Natural visibility conditions for the most impaired and clearest days . Natural visibility conditions must be calculated by estimating the dec iview index existing under natural conditions for the most impaired and clearest days, based on a vailable monitoring information and appropriate data analysis techniques , control technologies, and other relevant factors. In evaluating and reassessing these elements, the Stat e must address the following:; and ( 1iii ) Current visibility conditions for the most impaired and least impaired days, and actual progress made towards natural conditions during the previous implementation period. clearest days

. The period for calculating current visibility cond itions is the most recent five year period preceding the required date of the implementation p lan submittal5-year period for which data are available. Current visibility conditions must be ca lculated based on the annual average level of visibility impairment for the most and least impaired and clearest days for each of these five5 years. Current visibility conditions are the averag e of these annual values. ( 2) The effectiveness of the long-term strategyiv) Progress to date for achieving reasonable the most impaired and clearest days . Actual progress goals overmade towards natural conditions since the priorbaseline period, and actual progress made duri ng the previous implementation period (s); up to and (3) Affirmation of, or revision to, the reasonable progress goal in accordance with including to the procedures set forth in paragraph (d)(1) of this se ction. Ifperiod for calculating current visibility conditions, for

the State established a reasonable progress goal for th e prior period most impaired and clearest days, must be calculated. (v) Difference between current visibility conditions an d natural visibility conditions . The number of deciviews by which provided a slowercurrent visibility conditions exce ed natural visibility conditions, for the most impaired and clearest days , must be calculated. (vi) Uniform rate of progress . The uniform rate of progress than that needed to attain natural visibility conditions by the yearend of 2064 for each mandatory Class I Federal area in the Sta te must be calculated. To calculate this uniform rate of progress , the State must evaluate compare baseline visibility conditions to natural visibilit y conditions in the mandatory Class I Federal area 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 ach ieve the degreeuniform rate of visibility improvement projected (measured in deciviews of improvement per year) that would need to bePart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 26 maintained during each implementation period in ord er to attain natural visibility conditions by the analysis contained in end of 2064. (2) Long-term strategy for regional haze and reasonably attributable visibility impairment. Each State must submit a long-term strategy that address es regional haze visibility impairment, and if necessary any reasonably attributable visibility im pairment certified by the firstFederal Land Manager under §51.302(a), for each mandatory Class I Federal area within the State and for each mandatory Class I Federal area located outside the State that may be affected by emissions from the State. The long-term strategy must include the enforceable emissions limitations, compliance schedules, and other measures that are necessary to achieve reasonable progress, as determined pursuant to (f)(2)(i) through (vi). In establishing its long-term strategy for regional haze, the State must meet the following requirements: (i) The State must consider and analyze emission re duction measures based on the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance, and the remaining useful lif e of any potentially affected major or minor stationary source or group of sources. The State mu st document the criteria used to determine which sources or groups of sources were evaluated, and how these four factors were taken into consideration in selecting the measures for inclusi on in its long-term strategy. (ii) The State must consider the uniform rate of im provement in visibility, the emission reduction measures identified in (f)(2)(i), and additional me asures being adopted by other contributing states in (f)(2)(iii) as needed to make reasonable progress towards natural visibility conditions for the period covered by the implementation plan

. (iii) The State must consult with those States whic h may reasonably be anticipated to cause or contribute to visibility impairment in the mandator y Class I Federal area. (A) Contributing States . Where the State has emissions that are reasonably anticipated to contribute to visibility impairment in any mandator y Class I Federal area located in another State or States, the State must consult with the other St ate(s) in order to develop coordinated emission management strategies. The State must demonstrate t hat it has included in its implementation plan all measures necessary to obtain its share of the emission reductions needed to provide for reasonable progress towards natural visibility cond itions in the mandatory Class I Federal area located in the other State or States. If the State has participated in a regional planning process, the State must also ensure that it has included all measures needed to achieve its apportionment of emission reduction obligations agreed upon throu gh that process. (B) States affected by contributing States . A State with a mandatory Class I Federal area mus t consult with any other State having emissions that are reasonably anticipated to contribute to visibility impairment in that area regarding the em ission reductions needed in each State to provide for reasonable progress towards natural vis ibility conditions in that area. If the State has participated in a regional planning process, the St ate must ensure it has included all measuresPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 27 needed to achieve its apportionment of emission red uction obligations agreed upon through that

process. (C) In any situation in which a State cannot agree with another State or group of States on the emission reductions needed for reasonable progress towards natural visibility conditions in any mandatory Class I Federal area, each involved 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 accou nt in determining whether the State's implementation plan provides for reasonable progres s towards natural visibility conditions at each mandatory Class I Federal area that is located in the State or that may be affected by emissions from the State. (iv) As part of the demonstration required by (f)(2 )(i), the State must document the technical basis, including information on the factors listed in (f)(2)(i) and modeling, monitoring, and emissions information, on which the State is relyin g to determine the emission reductions from anthropogenic sources in the State that are necessa ry for achieving reasonable progress towards natural visibility conditions in each mandatory Cla ss I Federal area it affects. The State may meet this requirement by relying on technical analyses d eveloped by a regional planning process and approved by all State participants. The State must identify the baseline emissions inventory on which its strategies are based. The baseline emissi ons inventory year shall be the most recent year for which the State has submitted emission inv entory information to the Administrator in compliance with the triennial reporting requirement s of subpart A of this part unless the State adequately justifies the use of another inventory y ear. (v) The State must identify all anthropogenic sourc es of visibility impairment considered by the State in developing its long-term strategy and the criteria used to select the sources considered. The State should consider major and minor stationar y sources, mobile sources, and area sources. (vi) The State must consider, at a minimum, the fol lowing factors in developing its long-term strategy: (A) Emission reductions due to ongoing air pollutio n control programs, including measures to address reasonably attributable visibility impairme nt; (B) Measures to mitigate the impacts of constructio n activities; (C) Emissions limitations and schedules for complia nce to achieve the reasonable progress goal; (D) Source retirement and replacement schedules; (E) Smoke management techniques for agricultural an d forestry management purposes including plans as currently exist within the State for these purposes; (F) Enforceability of emissions limitations and con trol 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 l ong-term strategy.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 28 (3) described in Reasonable progress goals. (i) A state in which a mandatory Class I Federal area is located must establish reasonable progress goals (expressed in deciviews) that reflect the visibility conditions that are projected to be achi eved by the end of the applicable implementation period as a result of all enforceabl e emissions limitations, compliance schedules, and other measures required under paragraph (f)(2) and the implementation of other requirements of the CAA. The long-term strategy and the reasonable progress goals must provide for an improvement in visibility for the most impai red days and ensure no degradation in visibility for the clearest days. (ii)(A) If a State in which a mandatory Class I Fed eral area is located establishes a reasonable progress goal for the most impaired days that provi des for a slower rate of improvement in visibility than the uniform rate of progress calcul ated under paragraph (f)(1)(vi) of this section, the State must demonstrate, based on the analysis r equired by paragraph ( d)(1)(i)(B) f)(2)(i) of this section, that there are no additional emission reduction measures for anthropogenic sources or groups of sources in the State that may reasonab ly be anticipated to contribute to visibility impairment in the Class I area that would be reason able to include in the long-term strategy. 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 visibility conditions if visibility improvement were to continue at the rate of progress selected b y the State as reasonable for the implementation period. (B) If a State contains sources which are reasonabl y anticipated to contribute to visibility impairment in a mandatory Class I Federal area in a nother State for which a demonstration by the other State is required under (f)(3)(ii)(A), th e State must make the same demonstration with respect to its own long-term strategy. (iii) The reasonable progress goals established by the State are not directly enforceable but will be considered by the Administrator in evaluating th e adequacy of the measures in the implementation plan in providing for reasonable pro gress towards achieving natural visibility conditions at that area. (iv) In determining whether the State’s goal for vi sibility improvement provides for reasonable progress towards natural visibility conditions, the Administrator will also evaluate the demonstrations developed by the State pursuant to p aragraphs (f)(2) and (f)(3)(ii)(A) of this section .. and the demonstrations provided by other States pursuant to paragraphs (f)(2) and (f)(3)(ii)(B) of this section. (4) If the Administrator, Regional Administrator, or the affected Federal Land Manager has advised a State of a need for additional monitoring to assess reasonably attributable visibility impairment at a mandatory Class I Federal area in a ddition to the monitoring currently being conducted, the State must include in the plan revis ion an appropriate strategy for evaluatingPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 29 reasonably attributable visibility impairment in th e mandatory Class I Federal area by visual observation or other appropriate monitoring techniq ues. (5) So that the plan revision will serve also as a progress report, the State must address in the plan revision the requirements of paragraphs (g)(1) , (g)(2), (g)(4), and (g)(5) of this section. However, the period to be addressed for these eleme nts shall be the period since the past progress report. (6) Monitoring strategy and other implementation plan r equirements . The State must submit with the implementation plan a monitoring strategy for measuring, characterizing, and reporting of regional haze visibility impairment that is repr esentative of all mandatory Class I Federal areas within the State. Compliance with this requir ement may be met through participation in the Interagency Monitoring of Protected Visual Environm ents 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 out side 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 c ontribution 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 r eporting of all visibility monitoring data to the Administrator at least annually for each mandat ory 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 pollutant s that are reasonably anticipated to cause or contribute to visibility impairment in any mandator y Class I Federal area. The inventory must include emissions for a baseline year, emissions fo r the most recent year for which data are available, and estimates of future projected emissi ons. The State must also include a commitment to update the inventory periodically. (vi) Other elements, including reporting, recordkee ping, and other measures, necessary to assess and report on visibility. (g) Requirements for periodic reports describing progre ss towards the reasonable progress goals . Each State identified in §51.300(b )(3 ) must periodically 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 S tate and in each mandatory Class I Federal area located outside the State whichthat may be affected by emissions from within the State . The first progress report is due 5 years from submittal of the initial implementation plan addressingPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 30 paragraphs (d) and (e) of this section. The first progress reports must be in the form of implementation plan revisions that comply with the procedural requirements of §51.102 and §51.103. Subsequent progress reports are due by January 31, 2025, July 31, 2033, and every 10 years thereafter. Subsequent progress reports must be made available for public inspection and comment for at least 60 days prior to submission to EPA and all comments received from the public must be submitted to EPA along with the subs equent progress report, along with an explanation of any changes to the progress report m ade in response to these comments. Periodic progress reports must contain at a minimum the foll owing elements: (1) A description of the status of implementation o f all measures included in the implementation plan for achieving reasonable progress goals for ma ndatory 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 paragra ph (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 daysand/or clearest days as applicable expressed in terms of 5-year averages of these ann ual values. The period for calculating current visibility condition s is the most recent 5-year period preceding the required date of the progress report for which data are available as of a date 6 months preceding the required date of the progress report. (i ))(A) Progress reports due before January 31, 2025. The current visibility conditions for the most impaired and least impaired days ;. (ii)(B) Progress reports due on and after January 3 1, 2025. The current visibility conditions for the most impaired and clearest days; (ii) (A) Progress reports due before January 31, 20 25. The difference between current visibility conditions for the most impaired and least impaired days and baseline visibility conditions ;. (iii)(B) Progress reports due on and after January 31, 2025. The difference between current visibility conditions for the most impaired and cle arest days and baseline visibility conditions. (iii) (A) Progress reports due before January 31, 2 025. The change in visibility impairment for the most impaired and least impaired days over the past 5 years;period since the period addressed in the most recent plan required under paragraph (f ) of this section. (B) Progress reports due on and after January 31, 2 025. The change in visibility impairment for the most impaired and clearest days over the period since the period addressed in the most recent plan required under paragraph (f) of this section. (4) An analysis tracking the change over the past 5 yearsperiod since the period addressed in th e most recent plan required under paragraph (f) of th is section in emissions of pollutants contributing to visibility impairment from all sour ces and activities within the State. Emissions changes should be identified by type of source or a ctivity. TheWith respect to all sources andPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 31 activities, the analysis must be based onextend at least through the most recent updated emissionsyear for which the state has submitted emi ssion inventory , information to the Administrator in compliance with estimates projected forward as necessary and approp riate, to account for the triennial reporting requirements of subpart A of this part. With respect to sources that report directly to a centralized emissions dat a system operated by the Administrator, the analysis must extend through the most recent year f or which the Administrator has provided a State-level summary of such reported data or an int ernet-based tool by which the State may obtain such a summary. The State is not required to backcast previously reported emissions to be consistent with more recent emissions estimation pr ocedures, and may draw attention to actual or possible inconsistencies created by changes during the applicable 5-year periodin estimation procedures

. (5) An assessment of any significant changes in ant hropogenic emissions within or outside the State that have occurred over the past 5 years thatsince the period addresse d in the most recent plan required under paragraph (f) of this section i ncluding whether or not these changes in anthropogenic emissions were anticipated in that mo st recent plan and whether they have limited or impeded progress in reducing pollutant emissions and improving visibility. (6) An assessment of whether the current implementa tion plan elements and strategies are sufficient to enable the State, or other States wit h mandatory Class I Federal Class I areas affected by emissions from the State, to meet all e stablished reasonable progress goals for the period covered by the most recent plan required und er paragraph (f) of this section

. (7) A review of the State's visibility monitoring s trategy and any modifications to the strategy as

necessary. (h) Determination of the adequacy of existing implement ation 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 follow ing actions based upon the information presented in the progress report: (1) If the State determines that the existing imple mentation plan requires no further substantive revision at this time in order to achieve establish ed 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 i n another State(s) which participated in a regional planning process, the State must provide n otification to the Administrator and to the other State(s) which participated in the regional p lanning process with the States. The State must also collaborate with the other State(s) through th e regional planning process for the purpose of developing additional strategies to address the pla n's deficiencies.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 32 (3) Where the State determines that the implementat ion plan is or may be inadequate to ensure reasonable progress due to emissions from sources i n another country, the State shall provide notification, along with available information, to the Administrator. (4) Where the State determines that the implementat ion plan is or may be inadequate to ensure reasonable progress due to emissions from sources w ithin the State, the State shall revise its implementation plan to address the plan's deficienc ies within one year. (i) What are the requirements for State and Federal Lan d Manager coordination? (1) By November 29, 1999, the State must identify in writi ng to the Federal Land Managers the title of the official to which the Federal Land Manager of a ny mandatory Class I Federal area can submit any recommendations on the implementation of this s ubpart including, but not limited to: (i) Identification of impairment of visibility in a ny mandatory Class I Federal area(s); and (ii) Identification of elements for inclusion in th e 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 at a point early enough in planning the development of its long-term strategy so that information and recommendations provided by the Fed eral Land Manager can meaningfully inform the State’s development of the long-term str ategy and at least 60 days prior to holding any public hearing or other public comment opportunity on an implementation plan (or plan revision) or progress report for regional haze required by this subpart. This co nsultation must include the opportunity for the affected Federal La nd Managers to discuss their: (i) Assessment of impairment of visibility in any m andatory Class I Federal area; and (ii) Recommendations on the development of the reas onable progress goal and on the development and implementation of strategies to add ress visibility impairment. (3) In developing any implementation plan (or plan revision ),) or progress report, the State must include a description of how it addressed any comme nts provided by the Federal Land Managers. (4) The plan (or plan revision) must provide proced ures for continuing consultation between the State and Federal Land Manager on the implementatio n 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 oth er programs having the potential to contribute to impairment of visibility in mandatory Class I Federal areas.

§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 region al haze visibility impairment in the 16 Class I areas covered by the Grand Canyon Visibility Tran sport Commission Report. For the period through 2018, certain States (defined in paragraph (b) of this section as Transport Region States)Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 33 may choose to implement the Commission's recommenda tions within the framework of the national regional haze program and applicable requi rements of the Act by complying with the provisions of this section. If a Transport Region S tate 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 respe ct to the 16 Class I areas for the period from approval of the plan through 2018. Any Transport Re gion State electing not to submit an implementation plan under this section is subject t o the requirements of §51.308 in the same manner and to the same extent as any State not incl uded within the Transport Region. Except as provided in paragraph (g) of this section, each Tra nsport Region State is also subject to the requirements of §51.308 with respect to any other F ederal 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 area s on the Colorado Plateau: Grand Canyon National Park, Sycamore Canyo n Wilderness, Petrified Forest National Park, Mount Baldy Wilderness, San Pedro Parks Wilde rness, Mesa Verde National Park, Weminuche Wilderness, Black Canyon of the Gunnison Wilderness, West Elk Wilderness, Maroon Bells Wilderness, Flat Tops Wilderness, Arch es National Park, Canyonlands National Park, Capital Reef National Park, Bryce Canyon Nati onal Park, and Zion National Park. (2) Transport Region State means one of the States that is included within th e 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 Tr ansport Commission entitled “Recommendations for Improving Western Vis tas,” dated June 10, 1996. (4) Fire means wildfire, wildland fire (including prescribe d natural fire), prescribed fire, and agricultural burning conducted and occurring on Fed eral, State, and private wildlands and farmlands. (5) Milestone means the maximum level of annual regional SO2 emi ssions, in tons per year, for a given year, assessed annually, through the year 201 8, 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 pollut ant 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; an d 2018 less than 2013). (7) Base year

means the year for which data for a source include d within the program were used by the WRAP to calculate emissions as a starting po int for development of the milestone required by paragraph (d)(4)(i) of this section.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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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 requi red 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 a ir 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 S tates electing to adopt all of the recommendations of the Commission 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 in clude 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 t he year 2018 for the most impaired and least impaired days, based on the implementation of all m easures as required in the Commission report and the provisions in this section. The proj ection must be made in consultation with other Transport Region States with sources which may be r easonably 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 implementat ion of comprehensive emission tracking strategies for clea n-air 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 E PA will evaluate the State's identification of such corridors based upon the reports of the Commis sion'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, s ignificant emissions increases that could have, or are having, visibility impairment at one or more of the 16 Class I areas.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 35 (iii) In areas outside of clean-air corridors, an i dentification 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 corr idors is identified pursuant to paragraphs (d)(3)(ii) and (iii) of this section, an analysis o f the effects of increased emissions, including provisions for the identification of the need for a dditional emission reductions measures, and implementation of the additional measures where nec essary. (v) A determination of whether other clean air corr idors 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 S O2. The plan submission must include a SO2 program that contains quantitative emissions milest ones for stationary source SO2 emissions for each year through 2018. After the first two years o f the program, compliance with the annual milestones may be measured by comparing a three-yea r rolling average of actual emissions with a rolling average of the emissions milestones for t he 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 prog ram use the same methodology. Compliance with the 2018 milestone shall be measured by compar ing actual emissions from the year 2018 with the 2018 milestone. The milestones must provid e for steady and continuing emissions reductions through 2018 consistent with the Commiss ion'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 timi ng of implementation plan assessments of progress and identification of any deficiencies whi ch will be due in the years 2013 and 2018. The milestones must be shown to provide for greater rea sonable progress than would be 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 c alculate 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 methodo logy used to calculate emissions at any emitting unit for any year after the base year. (iii) Monitoring, recordkeeping, and reporting of S O2 emissions. The plan submission must include provisions requiring the monitoring, record keeping, and annual reporting of actual stationary source SO2 emissions within the State. T he monitoring, recordkeeping, and reporting data must be sufficient to determine annually wheth er the milestone for each year through 2018 is achieved. The plan submission must provide for r eporting of these data by the State to thePart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 36 Administrator and to the regional planning organiza tion. The plan must provide for retention of records for at least 10 years from the establishmen t of the record. (iv) Criteria and Procedures for a Market Trading P rogram. 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 comple ted 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 activate d 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 re quirement to hold allowances covering their emissions. Such market trading program must be suff icient to achieve the milestones in paragraph (d)(4)(i) of this section, and must be co nsistent with the elements for such programs outlined in §51.308(e)(2)(vi). Such a program may i nclude a geographic enhancement to the program to address the requirement under §51.302( cb ) 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 t he year 2018 milestone. In no event shall a market-based program approved under §51.308(f) allo w an emissions cap for SO2 that is less stringent than the 2018 milestone, unless the miles tones 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 framewor k, including financial penalties for excess emissions based on the 2018 milestone, sufficient t o ensure that the 2018 milestone will be met even if the implementation of the market trading pr ogram 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 NO X and PM. The implementation plan must contain any necessary long term strategies and BART requirements for stationary source PM and NO X emissions. Any such BART provisions may be submitt ed pursuant to either §51.308(e)(1) or '51.308(e)(2). (5) Mobile sources. The plan submission must provide for:Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 37 (i) Statewide inventories of onroad and nonroad mob ile source emissions of VOC, NO X , SO 2 , PM 2.5 , elemental carbon, and organic carbon for the year s 2003, 2008, 2013, and 2018. (A) The inventories must demonstrate a continuous d ecline in total mobile source emissions (onroad plus nonroad; tailpipe and evaporative) of VOC, NO X , PM 2.5 , elemental carbon, and organic carbon, evaluated separately. If the invent ories show a continuous decline in total mobile source emissions of each of these pollutants over t he period 2003-2018, no further action is required as part of this plan to address mobile sou rce emissions of these pollutants. If the inventories do not show a continuous decline in mob ile source emissions of one or more of these pollutants over the period 2003-2018, the plan subm ission must provide for an implementation plan revision by no later than December 31, 2008 co ntaining any necessary long-term strategies to achieve a continuous decline in total mobile sou rce 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 im plementation plan revision by no later than December 31, 2008 containing any long-term strategi es necessary to reduce emissions of SO 2 from nonroad mobile sources, consistent with the go al of reasonable progress. In assessing the need for such long-term strategies, the State may c onsider emissions reductions achieved or anticipated from any new Federal standards for sulf ur 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 str ategies 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 priv ate prescribed fire programs within the State evaluate and address the degree visibility impairme nt from smoke in their planning and application. In addition the plan must include smok e management programs that include all necessary components including, but not limited to, actions to minimize emissions, evaluation of smoke dispersion, alternatives to fire, public noti fication, air quality monitoring, surveillance and enforcement, and program evaluation. (ii) A statewide inventory and emissions tracking s ystem (spatial and temporal) of VOC, NO X , elemental and organic carbon, and fine particle emi ssions from fire. In reporting and tracking emissions from fire from within the State, States m ay use information from regional datagathering and tracking initiatives. (iii) Identification and removal wherever feasible of any administrative barriers to the use of alternatives to burning in Federal, State, and priv ate prescribed fire programs within the State. (iv) Enhanced smoke management programs for fire th at 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 o bjectives, and reduction of visibility impact.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 38 (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 manag ement agencies, and private entities. (7) Area sources of dust emissions from paved and unpav ed roads. The plan must include an assessment of the impact of dust emissions from pav ed and unpaved roads on visibility conditions in the 16 Class I Areas. If such dust em issions are determined to be a significant contributor to visibility impairment in the 16 Clas s I areas, the State must implement emissions management strategies to address the impact as nece ssary 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 to tal 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 energ y goals for 2005 and 2015, as provided in paragraph (d)(8)(vi) of this section. (ii) Programs to provide incentives that reward eff orts that go beyond compliance and/or achieve early compliance with air-pollution related require ments. (iii) Programs to preserve and expand energy conser vation efforts. (iv) The identification of specific areas where ren ewable energy has the potential to supply power where it is now lacking and where renewable e nergy is most cost-effective. (v) Projections of the short- and long-term emissio ns 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 ach ieve the State's contribution toward the Commission's goal that renewable energy will compri se 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, 201 3, and 2018. This description must include documentation of the potential for renewable energy resources, the percentage of renewable energy associated with new power generation project s 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 repo rts the measures implemented to achieve its contribution and explain why meeting the State's co ntribution 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 complianc e, or other enforceable measures (including economic incentives) to make reasonable progress to ward remedying existing and preventingPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 39 future regional haze in the 16 Class I areas. The S tate must provide a report to EPA and the public in 2003, 2008, 2013, and 2018 on the progres s toward developing and implementing policy or strategy options recommended in the Commi ssion Report. (10) Periodic implementation plan revisions . and progress reports. Each Transport Region State must submit to the Administrator periodic reports i n the years 2013 and 2018.as specified for subsequent progress reports in §51.308(g). The progress reports report due in 2013 must be in the form of an implementation plan revisionsrevision that complycomplies with the procedural requirements of §§51.102 and 51.103. (i) The reportsreport due in 2013 will assess the area for reasonable progress as pr ovided in this section for mandatory Class I Federal area(s) locat ed within the State and for mandatory Class I Federal area(s) located outside the State whichthat may be affected by emissions from within the State. This demonstration may be based on assessmen ts conducted by the States and/or a regional planning body. The progress reportsreport due in 2013 must contain at a minimum the following elements: (A) A description of the status of implementation o f all measures included in the implementation plan for achieving reasonable progress goals for ma ndatory 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 paragra ph (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 imp airment 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 activ ities 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 project ed forward as necessary and appropriate, to account for emissions changes during the applicable 5-year period. (E) An assessment of any significant changes in ant hropogenic 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 implementa tion plan elements and strategies are sufficient to enable the State, or other States wit h mandatory Federal Class I areas affected by emissions from the State, to meet all established r easonable progress goals. (G) A review of the State's visibility monitoring s trategy and any modifications to the strategy as

necessary .(.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 40 ( ii) At the same time the State is required to submi t anythe 5-year progress report due in 2013 to EPA in accordance with paragaphparagraph (d)(10)(i) of this section, the State must also ta ke one of the following actions based upon the informa tion presented in the progress report: (A) If the State determines that the existing imple mentation plan requires no further substantive revision at this time in order to achieve establish ed goals for visibility improvement and emissions reductions, the State must provide to the Administrator a negative declaration that further revision of the existing implementation pla n 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 i n another State(s) which participated in a regional planning process, the State must provide n otification to the Administrator and to the other State(s) which participated in the regional p lanning process with the States. The State must also collaborate with the other State(s) through th e regional planning process for the purpose of developing additional strategies to address the pla n's deficiencies. (C) Where the State determines that the implementat ion plan is or may be inadequate to ensure reasonable progress due to emissions from sources i n another country, the State shall provide notification, along with available information, to the Administrator. (D) Where the State determines that the implementat ion plan is or may be inadequate to ensure reasonable progress due to emissions from within th e State, the State shall develop additional strategies to address the plan deficiencies and rev ise the implementation plan no later than one year from the date that the progress report was due

. (iii) The requirements of §51.308(g) regarding requ irements for periodic reports describing progress towards the reasonable progress goals appl y to States submitting plans under this section, with respect to subsequent progress report s due after 2013. (iv) The requirements of §51.308(h) regarding deter minations of the adequacy of existing implementation plans apply to States submitting pla ns under this section, with respect to subsequent progress reports due after 2013. (11) State planning and interstate coordination. In complying with the requirements of this section, States may include emission reductions str ategies that are based on coordinated implementation with other States. Examples of these strategies include economic incentive programs and transboundary emissions trading progra ms. 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-b oundary 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 crite ria. States may rely on the relevant technical, policy and other analyses developed by a regional e ntity (such as the Western Regional Air Partnership) in providing such documentation. Conve rsely, States may elect to develop their own programs without relying on work products from a re gional entity.Part of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 41 (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 part icipated as members of a visibility transport commission. (e) States electing not to implement the commission rec ommendations. Any Transport Region State may elect not to implement the Commission rec ommendations set forth in paragraph (d) of this section. Such States are required to comply wi th the timelines and requirements of §51.308. Any Transport Region State electing not to implemen t 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 into account in developing programs under this section. (f) [Reserved] (g) Additional Class I areas. Each Transport Region State implementing the provi sions of this section as the basis for demonstrating reasonable p rogress for mandatory Class I Federal areas other than the 16 Class I areas must include the fo llowing provisions in its implementation plan. If a Transport Region State submits an implementati on plan which is approved by EPA as meeting the requirements of this section, it will b e 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 conditio ns for the most impaired and least impaired days at the additional mandatory Class I Federal ar ea(s) based on emissions projections from the long-term strategies in the implementation plan. Th is demonstration may be based on assessments conducted by the States and/or a region al planning body. (2) Provisions establishing reasonable progress goa ls and implementing any additional measures necessary to demonstrate reasonable progress for th e 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 Be st Available Retrofit Technology for regional haze is deemed to be satisfied for pollutants addre ssed 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 progre ss will be achieved for these additional Class I areas than would be achieved through the applicatio n of source-specific BART emission limitations under §51.308(e)(1). (iii) The Transport Region State may consider wheth er 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 necessaryPart of E.O. 12866 Review - Interagency Discussion about Regional Haze Proposal FRN 2016_02_09

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Confidential and Deliberative – Do Not Circulate Ou tside EPA 42 for compliance, the energy and nonon air quality environmental impacts of compliance, o r the remaining useful life of any existing source subjec t to such requirements.