[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11798-11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0631 ; A-1-FRL-9638-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Regional Haze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of a revision to the Rhode Island 
State Implementation Plan (SIP) submitted by the Rhode Island 
Department of Environmental Management (RI DEM) on August 7, 2009, that 
addresses regional haze for the first planning period from 2008 through 
2018. This revision addresses the requirements of the Clean Air Act 
(CAA) and EPA's rules that require States to prevent any future, and 
remedy any existing, manmade impairment of visibility in mandatory 
Class I areas (also referred to as the ``regional haze program''). 
States are required to assure reasonable progress toward the national 
goal of achieving natural visibility conditions in Class I areas.

DATES: Written comments must be received on or before March 29, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0631 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0631,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5

[[Page 11799]]

Post Office Square--Suite 100 (Mail code OEP05-2), Boston, MA 02109-
3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100 
(mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0631. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding legal 
holidays.
    In addition, copies of the State submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100 (Mail Code OEP05-02), Boston, MA 02109-
3912, telephone number (617) 918-1697, fax number (617) 918-0697, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for EPA's proposed action?
    A. The Regional Haze Problem
    B. Background Information
    C. Roles of Agencies in Addressing Regional Haze
II. What are the requirements for the regional haze SIPs?
    A. The CAA and the Regional Haze Rule (RHR)
    B. Determination of Baseline, Natural, and Current Visibility 
Conditions
    C. Determination of Reasonable Progress Goals (RPGs)
    D. Best Available Retrofit Technology (BART)
    E. Long-Term Strategy (LTS)
    F. Coordinating Regional Haze and Reasonably Attributable 
Visibility Impairment (RAVI) LTS
    G. Monitoring Strategy and Other Implementation Plan 
Requirements
    H. Consultation With States and Federal Land Managers (FLMs)
III. What is EPA's analysis of Rhode Island's regional haze 
submittal?
    A. Rhode Island's Impact on MANE-VU Class I Areas
    B. Long-Term Strategy
    1. Emissions Inventory for 2018 With Federal and State Control 
Requirements
    2. Modeling To Support the LTS and Determine Visibility 
Improvement for Uniform Rate of Progress
    3. Relative Contributions of Pollutants to Visibility 
Impairments
    4. Reasonable Progress Goal
    5. Additional Considerations for the LTS
    C. Consultation With States and Federal Land Managers
    D. Periodic SIP Revisions and Five-Year Progress Reports
IV. What action is EPA proposing?
V. Statutory and Executive Order Reviews

    Throughout this document, wherever ``we,'' ``us,'' or ``our'' is 
used, we mean the EPA.

I. What is the background for EPA's proposed action?

A. The Regional Haze Problem

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities which are located across a broad 
geographic area and emit fine particles and their precursors (e.g., 
sulfur dioxide, nitrogen oxides, and in some cases, ammonia and 
volatile organic compounds). Fine particle precursors react in the 
atmosphere to form fine particulate matter (PM2.5) (e.g., 
sulfates, nitrates, organic carbon, elemental carbon, and soil dust), 
which also impair visibility by scattering and absorbing light. 
Visibility impairment reduces the clarity, color, and visible distance 
that one can see. PM2.5 can also cause serious health 
effects and mortality in humans and contributes to environmental 
effects such as acid deposition.
    Data from the existing visibility monitoring network, the 
``Interagency Monitoring of Protected Visual Environments'' (IMPROVE) 
monitoring network, show that visibility impairment caused by air 
pollution occurs virtually all the time at most national park and 
wilderness areas. The average visual range in many Class I areas (i.e., 
national parks and memorial parks, wilderness areas, and international 
parks meeting certain size criteria) in the Western United States is 
100-150 kilometers, or about one-half to two-thirds of the visual range 
that would exist without manmade air pollution. In most of the eastern 
Class I areas of the United States, the average visual range is less 
than 30 kilometers, or about one-fifth of the visual range that would 
exist under estimated natural conditions. See 64 FR 35715, (July 1, 
1999).

B. Background Information

    In section 169A(a)(1) of the 1977 Amendments to the CAA, Congress 
created a program for protecting visibility in the nation's national 
parks and wilderness areas. This section of the CAA establishes as a 
national goal the ``prevention of any future, and the remedying of any 
existing, impairment of visibility in mandatory Class I

[[Page 11800]]

Federal areas \1\ which impairment results from manmade air 
pollution.'' On December 2, 1980, EPA promulgated regulations to 
address visibility impairment in Class I areas that is ``reasonably 
attributable'' to a single source or small group of sources, i.e., 
``reasonably attributable visibility impairment'' (RAVI). See 45 FR 
80084 (Dec. 2, 1980). These regulations represented the first phase in 
addressing visibility impairment. EPA deferred action on regional haze 
that emanates from a variety of sources until monitoring, modeling and 
scientific knowledge about the relationships between pollutants and 
visibility impairment were improved.
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
In accordance with section 169A of the CAA, EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value (44 FR 69122, 
November 30, 1979). The extent of a mandatory Class I area includes 
subsequent changes in boundaries, such as park expansions (42 U.S.C. 
7472(a)). Although States and Tribes may designate as Class I 
additional areas which they consider to have visibility as an 
important value, the requirements of the visibility program set 
forth in section 169A of the CAA apply only to ``mandatory Class I 
Federal areas.'' Each mandatory Class I Federal area is the 
responsibility of a ``Federal Land Manager'' (FLM). (42 U.S.C. 
7602(i)). When we use the term ``Class I area'' in this action, we 
mean a ``mandatory Class I Federal area.''
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    Congress added section 169B to the CAA in 1990 to address regional 
haze issues. EPA promulgated a rule to address regional haze on July 1, 
1999 (64 FR 35714), the Regional Haze Rule. The Regional Haze Rule 
revised the existing visibility regulations to integrate into the 
regulation provisions addressing regional haze impairment and 
established a comprehensive visibility protection program for Class I 
areas. The requirements for regional haze, found at 40 CFR 51.308 and 
51.309, are included in EPA's visibility protection regulations at 40 
CFR 51.300-309. Some of the main elements of the regional haze 
requirements are summarized in Section II. The requirement to submit a 
regional haze SIP applies to all 50 States, the District of Columbia 
and the Virgin Islands. Forty CFR 51.308(b) requires States to submit 
the first implementation plan addressing regional haze visibility 
impairment no later than December 17, 2007. On January 15, 2009, EPA 
found that 37 States, the District of Columbia and the U.S. Virgin 
Islands failed to submit this required implementation plan. See 74 FR 
2392, (Jan. 15, 2009). In particular, EPA found that Rhode Island 
failed to submit a plan that met the requirements of 40 CFR 51.308. See 
74 FR 2393. On August 7, 2009, RI DEM submitted revisions to the Rhode 
Island SIP to address regional haze as required by 40 CFR 51.308. EPA 
has reviewed Rhode Island's submittal and proposes to find that it is 
consistent with the requirements of 40 CFR 51.308 outlined in Section 
II.

C. Roles of Agencies in Addressing Regional Haze

    Successful implementation of the regional haze program will require 
long-term regional coordination among States, tribal governments, and 
various federal agencies. As noted above, pollution affecting the air 
quality in Class I areas can be transported over long distances, even 
hundreds of kilometers. Therefore, to effectively address the problem 
of visibility impairment in Class I areas, States need to develop 
strategies in coordination with one another, taking into account the 
effect of emissions from one jurisdiction on the air quality in 
another.
    Because the pollutants that lead to regional haze can originate 
from sources located across broad geographic areas, EPA has encouraged 
the States and Tribes across the United States to address visibility 
impairment from a regional perspective. Five regional planning 
organizations (RPOs) were developed to address regional haze and 
related issues. The RPOs first evaluated technical information to 
better understand how their States and Tribes impact Class I areas 
across the country, and then pursued the development of regional 
strategies to reduce emissions of PM2.5 and other pollutants 
leading to regional haze.
    The Mid-Atlantic/Northeast Visibility Union (MANE-VU) RPO is a 
collaborative effort of State governments, Tribal governments, and 
various federal agencies established to initiate and coordinate 
activities associated with the management of regional haze, visibility 
and other air quality issues in the Northeastern United States. Member 
State and Tribal governments include: Connecticut, Delaware, the 
District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, 
New Jersey, New York, Pennsylvania, Penobscot Indian Nation, Rhode 
Island, and Vermont.

II. What are the requirements for regional haze SIPs?

A. The CAA and the Regional Haze Rule (RHR)

    Regional haze SIPs must assure reasonable progress towards the 
national goal of achieving natural visibility conditions in Class I 
areas. Section 169A of the CAA and EPA's implementing regulations 
require States to establish long-term strategies for making reasonable 
progress toward meeting this goal. Implementation plans must also give 
specific attention to certain stationary sources that were in existence 
on August 7, 1977, but were not in operation before August 7, 1962, and 
require these sources, where appropriate, to install Best Available 
Retrofit Technology (BART) controls for the purpose of eliminating or 
reducing visibility impairment. The specific regional haze SIP 
requirements are discussed in further detail below.

B. Determination of Baseline, Natural, and Current Visibility 
Conditions

    The RHR establishes the deciview (dv) as the principal metric for 
measuring visibility. This visibility metric expresses uniform changes 
in haziness in terms of common increments across the entire range of 
visibility conditions, from pristine to extremely hazy conditions. 
Visibility is determined by measuring the visual range (or deciview), 
which is the greatest distance, in kilometers or miles, at which a dark 
object can be viewed against the sky. The deciview is a useful measure 
for tracking progress in improving visibility, because each deciview 
change is an equal incremental change in visibility perceived by the 
human eye. Most people can detect a change in visibility at one 
deciview.\2\
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    \2\ The preamble to the RHR provides additional details about 
the deciview. See 64 FR 35714, 35725 (July 1, 1999).
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    The deciview is used in expressing Reasonable Progress Goals (RPGs) 
(which are interim visibility goals towards meeting the national 
visibility goal), defining baseline, current, and natural conditions, 
and tracking changes in visibility. The regional haze SIPs must contain 
measures that ensure ``reasonable progress'' toward the national goal 
of preventing and remedying visibility impairment in Class I areas 
caused by manmade air pollution by reducing anthropogenic emissions 
that cause regional haze. The national goal is a return to natural 
conditions, i.e., manmade sources of air pollution would no longer 
impair visibility in Class I areas.
    To track changes in visibility over time at each of the 156 Class I 
areas covered by the visibility program and as part of the process for 
determining reasonable progress, States must calculate the degree of 
existing visibility impairment at each Class I area within

[[Page 11801]]

the State at the time of each regional haze SIP submittal and 
periodically review progress every five years midway through each 10-
year planning period. To do this, the RHR requires States to determine 
the degree of impairment (in deciviews) for the average of the 20 
percent least impaired (``best'') and 20 percent most impaired 
(``worst'') visibility days over a specified time period at each of 
their Class I areas. In addition, States must also develop an estimate 
of natural visibility conditions for the purposes of comparing progress 
toward the national goal. Natural visibility is determined by 
estimating the natural concentrations of pollutants that cause 
visibility impairment and then calculating total light extinction based 
on those estimates. EPA has provided guidance to States regarding how 
to calculate baseline, natural, and current visibility conditions in 
documents titled, EPA's Guidance for Estimating Natural Visibility 
conditions under the Regional Haze Rule, September 2003, (EPA-454/B-03-
005, available at www.epa.gov/ttncaaa1/t1/memoranda/rh_envcurhr_gd.pdf), (hereinafter referred to as ``EPA's 2003 Natural Visibility 
Guidance''), and Guidance for Tracking Progress Under the Regional Haze 
Rule, September 2003 (EPA-454/B-03-004 located at www.epa.gov/ttncaaa1/t1/memoranda/rh_tpurhr_gd.pdf)), (hereinafter referred to as ``EPA's 
2003 Tracking Progress Guidance'').
    For the first regional haze SIPs that were due by December 17, 
2007, ``baseline visibility conditions'' were the starting points for 
assessing ``current'' visibility impairment. Baseline visibility 
conditions represent the degree of impairment for the 20 percent least 
impaired days and 20 percent most impaired days at the time the 
regional haze program was established. Using monitoring data from 2000 
through 2004, States are required to calculate the average degree of 
visibility impairment for each Class I area within the State, based on 
the average of annual values over the five year period. The comparison 
of initial baseline visibility conditions to natural visibility 
conditions indicates the amount of improvement necessary to attain 
natural visibility, while the future comparison of baseline conditions 
to the then current conditions will indicate the amount of progress 
made. In general, the 2000-2004 baseline period is considered the time 
from which improvement in visibility is measured.

C. Determination of Reasonable Progress Goals (RPGs)

    The vehicle for ensuring continuing progress towards achieving the 
natural visibility goal is the submission of a series of regional haze 
SIPs from the States that establish RPGs for Class I areas for each 
(approximately) 10-year planning period. The RHR does not mandate 
specific milestones or rates of progress, but instead calls for States 
to establish goals that provide for ``reasonable progress'' toward 
achieving natural (i.e., ``background'') visibility conditions for 
their Class I areas. In setting RPGs, States must provide for an 
improvement in visibility for the most impaired days over the 
(approximately) 10-year period of the SIP, and ensure no degradation in 
visibility for the least impaired days over the same period.
    States have significant discretion in establishing RPGs, but are 
required to consider the following factors established in the CAA and 
in EPA's RHR: (1) The costs of compliance; (2) the time necessary for 
compliance; (3) the energy and non-air quality environmental impacts of 
compliance; and (4) the remaining useful life of any potentially 
affected sources. States must demonstrate in their SIPs how these 
factors are considered when selecting the RPGs for the best and worst 
days for each applicable Class I area. See 40 CFR 51.308(d)(1)(i)(A). 
States have considerable flexibility in how they take these factors 
into consideration, as noted in EPA's July 1, 2007 memorandum from 
William L. Wehrum, Acting Administrator for Air and Radiation, to EPA 
Regional Administrators, EPA Regions 1-10, entitled Guidance for 
Setting Reasonable Progress Goals under the Regional Haze Program (p. 
4-2, 5-1)(EPA's Reasonable Progress Guidance). In setting the RPGs, 
States must also consider the rate of progress needed to reach natural 
visibility conditions by 2064 (referred to as the ``uniform rate of 
progress'' or the ``glide path'') and the emission reduction measures 
needed to achieve that rate of progress over the 10-year period of the 
SIP. The year 2064 represents a rate of progress which States are to 
use for analytical comparison to the amount of progress they expect to 
achieve. In setting RPGs, each State with one or more Class I areas 
(``Class I State'') must also consult with potentially ``contributing 
States,'' i.e., other nearby States with emission sources that may be 
contributing to visibility impairment at the Class I State's areas. See 
40 CFR 51.308(d)(1)(iv).

D. Best Available Retrofit Technology (BART)

    Section 169A of the CAA directs States to evaluate the use of 
retrofit controls at certain larger, often uncontrolled, older 
stationary sources in order to address visibility impacts from these 
sources. Specifically, the CAA requires States to revise their SIPs to 
contain such measures as may be necessary to make reasonable progress 
towards the natural visibility goal, including a requirement that 
certain categories of existing stationary sources built between 1962 
and 1977 procure, install, and operate the ``Best Available Retrofit 
Technology'' as determined by the State. (CAA 169A(b)(2)a)).\3\ States 
are directed to conduct BART determinations for such sources that may 
be anticipated to cause or contribute to any visibility impairment in a 
Class I area. Rather than requiring source-specific BART controls, 
States also have the flexibility to adopt an emissions trading program 
or other alternative program as long as the alternative provides 
greater reasonable progress towards improving visibility than BART.
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    \3\ The set of ``major stationary sources'' potentially subject 
to BART are listed in CAA section 169A(g)(7).
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    On July 6, 2005, EPA published the Guidelines for BART 
Determinations Under the Regional Haze Rule at Appendix Y to 40 CFR 
part 51 (hereinafter referred to as the ``BART Guidelines'') to assist 
States in determining which of their sources should be subject to the 
BART requirements and in determining appropriate emission limits for 
each applicable source. In making a BART applicability determination 
for a fossil fuel-fired electric generating plant with a total 
generating capacity in excess of 750 megawatts (MW), a State must use 
the approach set forth in the BART Guidelines. A State is encouraged, 
but not required, to follow the BART Guidelines in making BART 
determinations for other types of sources.
    States must address all visibility impairing pollutants emitted by 
a source in the BART determination process. The most significant 
visibility impairing pollutants are sulfur dioxide (SO2), 
nitrogen oxides (NOX), and particulate matter (PM). EPA has 
stated that States should use their best judgment in determining 
whether volatile organic compounds (VOCs), or ammonia (NH3) 
and ammonia compounds impair visibility in Class I areas.
    The RPOs provided air quality modeling to the States to help them 
in

[[Page 11802]]

determining whether potential BART sources can be reasonably expected 
to cause or contribute to visibility impairment in a Class I area. 
Under the BART Guidelines, States may select an exemption threshold 
value for their BART modeling, below which a BART eligible source would 
not be expected to cause or contribute to visibility impairment in any 
Class I area. The State must document this exemption threshold value in 
the SIP and must state the basis for its selection of that value. Any 
source with emissions that model above the threshold value would be 
subject to a BART determination review. The BART Guidelines acknowledge 
varying circumstances affecting different Class I areas. States should 
consider the number of emission sources affecting the Class I areas at 
issue and the magnitude of the individual sources' impacts. Any 
exemption threshold set by the State should not be higher than 0.5 
deciviews. See 70 FR 39161, (July 6, 2005).
    In their SIPs, States must identify potential BART sources, 
described as ``BART-eligible sources'' in the RHR, and document their 
BART control determination analyses. The term ``BART-eligible source'' 
used in the BART Guidelines means the collection of individual emission 
units at a facility that together comprises the BART-eligible source. 
See 70 FR 39161, (July 6, 2005). In making BART determinations, section 
169A(g)(2) of the CAA requires that States consider the following 
factors: (1) The costs of compliance; (2) the energy and non-air 
quality environmental impacts of compliance; (3) any existing pollution 
control technology in use at the source; (4) the remaining useful life 
of the source; and (5) the degree of improvement in visibility which 
may reasonably be anticipated to result from the use of such 
technology. States are free to determine the weight and significance to 
be assigned to each factor. See 70 FR 39170, (July 6, 2005).
    A regional haze SIP must include source-specific BART emission 
limits and compliance schedules for each source subject to BART. Once a 
State has made its BART determination, the BART controls must be 
installed and in operation as expeditiously as practicable, but no 
later than five years after the date of EPA approval of the regional 
haze SIP, as required by CAA (section 169(g)(4)) and the RHR (40 CFR 
51.308(e)(1)(iv)). In addition to what is required by the RHR, general 
SIP requirements mandate that the SIP must also include all regulatory 
requirements related to monitoring, recordkeeping, and reporting for 
the BART controls on the source. States have the flexibility to choose 
the type of control measures they will use to meet the requirements of 
BART.

E. Long-Term Strategy (LTS)

    Forty CFR 51.308(d)(3) of the RHR requires that States include a 
LTS in their SIPs. The LTS is the compilation of all control measures a 
State will use to meet any applicable RPGs. The LTS must include 
``enforceable emissions limitations, compliance schedules, and other 
measures as necessary to achieve the reasonable progress goals'' for 
all Class I areas within, or affected by emissions from, the State. See 
40 CFR 51.308(d)(3).
    When a State's emissions are reasonably anticipated to cause or 
contribute to visibility impairment in a Class I area located in 
another State, the RHR requires the impacted State to coordinate with 
the contributing States in order to develop coordinated emissions 
management strategies. See 40 CFR 51.308(d)(3)(i). In such cases, the 
contributing State must demonstrate that it has included in its SIP all 
measures necessary to obtain its share of the emission reductions 
needed to meet the RPGs for the Class I area. The RPOs have provided 
forums for significant interstate consultation, but additional 
consultations between States may be required to sufficiently address 
interstate visibility issues. This is especially true where two States 
belong to different RPOs.
    States should consider all types of anthropogenic sources of 
visibility impairment in developing their LTS, including stationary, 
minor, mobile, and area sources. At a minimum, States must describe how 
each of the seven factors listed below is taken into account in 
developing their LTS: (1) Emission reductions due to ongoing air 
pollution control programs, including measures to address RAVI; (2) 
measures to mitigate the impacts of construction activities; (3) 
emissions limitations and schedules for compliance to achieve the RPG; 
(4) source retirement and replacement schedules; (5) smoke management 
techniques for agricultural and forestry management purposes including 
plans as currently exist within the State for these purposes; (6) 
enforceability of emissions limitations and control measures; (7) the 
anticipated net effect on visibility due to projected changes in point, 
area, and mobile source emissions over the period addressed by the LTS. 
See 40 CFR 51.308(d)(3)(v).

F. Coordinating Regional Haze and Reasonably Attributable Visibility 
Impairment (RAVI) LTS

    As part of the RHR, EPA revised 40 CFR 51.306(c) regarding the LTS 
for RAVI to require that the RAVI plan must provide for a periodic 
review and SIP revision not less frequently than every three years 
until the date of submission of the State's first plan addressing 
regional haze visibility impairment, which was due December 17, 2007, 
in accordance with 40 CFR 51.308(b) and (c). On or before this date, 
the State must revise its plan to provide for review and revision of a 
coordinated LTS for addressing reasonably attributable and regional 
haze visibility impairment, and the State must submit the first such 
coordinated LTS with its first regional haze SIP. Future coordinated 
LTS's, and periodic progress reports evaluating progress towards RPGs, 
must be submitted consistent with the schedule for SIP submission and 
periodic progress reports set forth in 40 CFR 51.308(f) and 51.308(g), 
respectively. The periodic reviews of a State's LTS must report on both 
regional haze and RAVI impairment and must be submitted to EPA as a SIP 
revision.

G. Monitoring Strategy and Other Implementation Plan Requirements

    Forty CFR 51.308(d)(4) of the RHR includes the requirement for a 
monitoring strategy for measuring, characterizing, and reporting of 
regional haze visibility impairment that is representative of all 
mandatory Class I Federal areas within the State. The strategy must be 
coordinated with the monitoring strategy required in 40 CFR 51.305 for 
RAVI. Compliance with this requirement may be met through participation 
in the IMPROVE network. The monitoring strategy is due with the first 
regional haze SIP, and it must be reviewed every five years. The 
monitoring strategy must also provide for additional monitoring sites 
if the IMPROVE network is not sufficient to determine whether RPGs will 
be met.
    The SIP must also provide for the following:
     Procedures for using monitoring data and other information 
in a State with mandatory Class I areas to determine the contribution 
of emissions from within the State to regional haze visibility 
impairment at Class I areas both within and outside the State;
     Procedures for using monitoring data and other information 
in a State with no mandatory Class I areas to determine the 
contribution of emissions from within the State to regional haze

[[Page 11803]]

visibility impairment at Class I areas in other States;
     Reporting of all visibility monitoring data to the 
Administrator at least annually for each Class I area in the State, and 
where possible, in electronic format;
     Developing a statewide inventory of emissions of 
pollutants that are reasonably anticipated to cause or contribute to 
visibility impairment in any Class I area. The inventory must include 
emissions for a baseline year, emissions for the most recent year for 
which data are available, and estimates of future projected emissions. 
A State must also make a commitment to update the inventory 
periodically; and
     Other elements, including reporting, recordkeeping, and 
other measures necessary to assess and report on visibility.
    Forty CFR 51.308(f) of the RHR requires control strategies to cover 
an initial implementation period extending to the year 2018, with a 
comprehensive reassessment and revision of those strategies, as 
appropriate, every 10 years thereafter. Periodic SIP revisions must 
meet the core requirements of 40 CFR 51.308(d) with the exception of 
BART. The BART provisions of 40 CFR 51.308(e), as noted above, apply 
only to the first implementation period. Periodic SIP revisions will 
assure that the statutory requirement of reasonable progress will 
continue to be met.

H. Consultation With States and Federal Land Managers (FLMs)

    The RHR requires that States consult with FLMs before adopting and 
submitting their SIPs. See 40 CFR 51.308(i). States must provide FLMs 
an opportunity for consultation, in person and at least 60 days prior 
to holding any public hearing on the SIP. This consultation must 
include the opportunity for the FLMs to discuss their assessment of 
impairment of visibility in any Class I area and to offer 
recommendations on the development of the RPGs and on the development 
and implementation of strategies to address visibility impairment. 
Further, a State must include in its SIP a description of how it 
addressed any comments provided by the FLMs. Finally, a SIP must 
provide procedures for continuing consultation between the State and 
FLMs regarding the State's visibility protection program, including 
development and review of SIP revisions, five-year progress reports, 
and the implementation of other programs having the potential to 
contribute to impairment of visibility in Class I areas.

III. What is EPA's analysis of Rhode Island's regional haze submittal?

    On August 7, 2009, RI DEM's Office of Air Resources submitted 
revisions to the Rhode Island SIP to address regional haze as required 
by EPA's RHR, specifically 40 CFR 51.308. EPA has reviewed Rhode 
Island's submittal and is proposing to find that it is consistent with 
the requirements of 40 CFR 51.308 as outlined in Section II. A detailed 
analysis follows.
    Rhode Island is responsible for developing a regional haze SIP 
which addresses Rhode Island's impact on any nearby Class I areas. As 
Rhode Island has no Class I areas within its borders, Rhode Island is 
not required to address the following Regional Haze SIP elements: (a) 
calculation of baseline and natural visibility conditions, (b) 
establishment of reasonable progress goals, (c) monitoring requirements 
and (d) RAVI requirements.
    In addition, Rhode Island evaluated the major point sources in the 
State and determined that none meet the criteria (as discussed in 
Section II.D) to be considered BART eligible. EPA is proposing to 
approve RI DEM's determination that there are no BART-eligible sources 
in Rhode Island.

A. Rhode Island's Impact on MANE-VU Class I Areas

    Rhode Island is a member of the MANE-VU RPO. The MANE-VU RPO 
contains seven Class I areas in four States: Moosehorn Wilderness Area, 
Acadia National Park, and Roosevelt/Campobello International Park in 
Maine; Presidential Range/Dry River Wilderness Area and Great Gulf 
Wilderness Area in New Hampshire; Brigantine Wilderness Area in New 
Jersey; and Lye Brook Wilderness Area in Vermont.
    Through source apportionment modeling, MANE-VU assisted States in 
determining their contribution to the visibility impairment of each 
Class I area in the MANE-VU region. Rhode Island and the other MANE-VU 
States adopted a weight-of-evidence approach which relied on several 
independent methods for assessing the contribution of different sources 
and geographic source regions to regional haze in the northeastern and 
mid-Atlantic portions of the United States. Details about each 
technique can be found in the NESCAUM Document Contributions to 
Regional Haze in the Northeast and Mid-Atlantic United States, August 
2006 (hereinafter referred to as the ``Contribution Report'').\4\
---------------------------------------------------------------------------

    \4\ The August 2006 NESCAUM document ``Contributions to Regional 
Haze in the Northeast and Mid-Atlantic United States'' has been 
provided as part of the docket to this proposed rulemaking.
---------------------------------------------------------------------------

    The source apportionment modeling demonstrated that the 
contribution of Rhode Island emissions to total sulfate (the main 
contributor to visibility impairment in the Northeast) was consistently 
determined to be no more than 0.31% of the total sulfate at any Class I 
area. This finding was consistently predicted by different assessment 
techniques that are based on the application of disparate chemical, 
meteorological and physical principles. The greatest modeled 
contribution from Rhode Island for each of the MANE-VU Class I areas 
was 0.31% sulfate at Acadia National Park, 0.22% sulfate at Moosehorn 
Wilderness Area and Roosevelt Campobello International Park, 0.11% 
sulfate at Great Gulf Wilderness Area and Presidential Range--Dry River 
Wilderness Area, 0.08% sulfate at Lye Brook Wilderness Area, and 0.14% 
at Brigantine Wilderness Area. The impact of sulfate on visibility is 
discussed in greater detail below.
    The MANE-VU Class I States determined that any State contributing 
at least 2% of the total sulfate observed on the 20 percent worst 
visibility days in 2002 were contributors to visibility impairment at 
the Class I area. Connecticut, Rhode Island, Vermont, and the District 
of Columbia were determined to contribute less than 2% of sulfate at 
any of the Class I areas in the Northeast.
    EPA is proposing to find that RI DEM has adequately demonstrated 
that emissions from Rhode Island sources do not cause or contribute to 
visibility impairment in nearby Class I Areas.

B. Long-Term Strategy

    As described in Section II.E of this action, the LTS is a 
compilation of State-specific control measures relied on by the State 
to obtain its share of emission reductions to support the RPGs 
established by Maine, New Hampshire, Vermont, and New Jersey, the 
nearby Class I area States. Rhode Island's LTS for the first 
implementation period addresses the emissions reductions from federal, 
State, and local controls that take effect in the State from the 
baseline period starting in 2002 until 2018. Rhode Island participated 
in the MANE-VU regional strategy development process and supported a 
regional approach towards deciding which control measures to pursue for 
regional haze, which was based on technical analyses documented in the 
following reports: (a) The Contribution Report; (b)

[[Page 11804]]

Assessment of Reasonable Progress for Regional Haze in MANE-VU Class I 
Areas (available at www.marama.org/visibility/RPG/FinalReport/RPGFinalReport_070907.pdf); (c) Five-Factor Analysis of BART-Eligible 
Sources: Survey of Options for Conducting BART Determinations 
(available at www.nescaum.org/documents/bart-final-memo-06-28-07.pdf); 
and (d) Assessment of Control Technology Options for BART-Eligible 
Sources: Steam Electric Boilers, Industrial Boilers, Cement Plants and 
Paper, and Pulp Facilities (available at www.nescaum.org/documents/bart-control-assessment.pdf).
1. Emissions Inventory for 2018 with Federal and State Control 
Requirements
    The State-wide emissions inventories used by MANE-VU in its 
regional haze technical analyses were developed by MARAMA for MANE-VU 
with assistance from Rhode Island. The 2018 emissions inventory was 
developed by projecting 2002 emissions forward based on assumptions 
regarding emissions growth due to projected increases in economic 
activity and emissions reductions expected from federal and State 
regulations. MANE-VU's emissions inventories included estimates of 
NOX, coarse particulate matter (PM10), 
PM2.5, and SO2, VOC, and NH3. The BART 
guidelines direct States to exercise judgment in deciding whether VOC 
and NH3 impair visibility in their Class I area(s). As 
discussed further in Section III.B.3 below, MANE-VU demonstrated that 
anthropogenic emissions of sulfates are the major contributor to 
PM2.5 mass and visibility impairment at Class I areas in the 
Northeast and Mid-Atlantic region. It was also determined that the 
total ammonia emissions in the MANE-VU region are extremely small.
    MANE-VU developed emissions inventories for four inventory source 
classifications: (1) Stationary point sources, (2) stationary area 
sources, (3) non-road mobile sources, and (4) on-road mobile sources. 
The New York Department of Environmental Conservation also developed an 
inventory of biogenic emissions for the entire MANE-VU region. 
Stationary point sources are those sources that emit greater than a 
specified tonnage per year, depending on the pollutant, with data 
provided at the facility level. Stationary area sources are those 
sources whose individual emissions are relatively small, but due to the 
large number of these sources, the collective emissions from the source 
category could be significant. Non-road mobile sources are equipment 
that can move but do not use the roadways. On-road mobile source 
emissions are automobiles, trucks, and motorcycles that use the roadway 
system. The emissions from these sources are estimated by vehicle type 
and road type. Biogenic sources are natural sources like trees, crops, 
grasses, and natural decay of plants. Stationary point sources emission 
data is tracked at the facility level. For all other source types, 
emissions are summed on the county level.
    There are many federal and State control programs being implemented 
that MANE-VU and Rhode Island anticipate will reduce emissions between 
the baseline period and 2018. Emission reductions from these control 
programs in the MANE-VU region were projected to achieve substantial 
visibility improvement by 2018 at all of the MANE-VU Class I areas. To 
assess emissions reductions from ongoing air pollution control 
programs, BART, and reasonable progress goals, MANE-VU developed 2018 
emissions projections called ``Best and Final.'' The emissions 
inventory provided by the State of Rhode Island for the Best and Final 
2018 projections is based on expected control requirements.
    Rhode Island relied on emission reductions from the following 
ongoing and expected air pollution control programs as part of the 
State's long term strategy. For electrical generating units (EGUs), 
Rhode Island relied on Air Pollution Control (APC) Regulations Numbers 
38 and 41 which limit NOX emissions from all EGUs. The State 
also relied on source specific permit restrictions limiting the sulfur 
content of fuel oil to 0.05% at Dominion Energy Manchester Street, 
0.0015% at Ocean State Power and 0.2% at Pawtucket Power. Rhode Island 
also relied on the following controls on non-EGU point sources in 
estimating 2018 emissions inventories: NOX SIP Call Phases I 
and II; NOX Reasonably Available Control Technology (RACT) 
in 1-hour Ozone SIP; NOX Ozone Transport Commission (OTC) 
2001 Model Rule for Industrial, Commercial, and Institutional (ICI) 
Boilers; VOC 2-year, 4-year, 7-year and 10-year Maximum Achievable 
Control Technology (MACT) Standards; Combustion Turbine and 
Reciprocating Internal Combustion Engine (RICE) MACT; and Industrial 
Boiler/Process Heater MACT (also known as the Industrial Boiler MACT).
    On July 30, 2007, the U.S. Court of Appeals for the District of 
Columbia vacated and remanded the Industrial Boiler MACT Rule. NRDC v. 
EPA, 489F.3d 1250 (DC Cir. 2007). This MACT was vacated since it was 
directly affected by the vacatur and remand of the Commercial and 
Industrial Solid Waste Incinerator (CISWI) definition rule. EPA 
proposed a new Industrial Boiler MACT rule to address the vacatur on 
June 4, 2010 (75 FR 32006) and issued a final rule on March 21, 2011 
(76 FR 15608). On May 18, 2011, EPA stayed the effective date of the 
Industrial Boiler MACT pending review by the DC Circuit or the 
completion of EPA's reconsideration of the rule. See 76 FR 28662.
    On December 2, 2011, EPA issued a proposed reconsideration of the 
MACT standards for existing and new boilers at major (76 FR 80598) and 
area (76 FR 80532) source facilities, and for Commercial and Industrial 
Solid Waste Incinerators (76 FR 80452). On January 9, 2012, the U.S. 
District Court for the District of Columbia vacated EPA's stay of the 
effectiveness date of the Industrial Boiler MACT, reinstating the 
original effective date and therefore requiring compliance with the 
current rule in 2014. Sierra Club v. Jackson, Civ. No. 11-1278, slip 
op. (D.D.C. Jan. 9, 2012).
    Even though Rhode Island's modeling is based on the old Industrial 
Boiler MACT limits Rhode Island's modeling conclusions are unlikely to 
be affected because the expected reductions in SO2 and PM 
resulting from the vacated MACT rule are a relatively small component 
of the Rhode Island inventory and the expected emission reductions from 
the final MACT rule are comparable to those modeled. In addition, the 
new MACT rule requires compliance by 2014 and therefore the expected 
emission reductions will be achieved prior to the end of the first 
implementation period in 2018. Thus, EPA does not expect that 
differences between the old and revised Industrial Boiler MACT emission 
limits would affect the adequacy of the existing Rhode Island regional 
haze SIP. If there is a need to address discrepancies between projected 
emissions reductions from the old Industrial Boiler MACT and the 
Industrial Boiler MACT finalized in March 2011, we expect Rhode Island 
to do so in their 5-year progress report.
    Controls on area sources expected by 2018 include: the OTC VOC 
rules for consumer products (APC Regulation No. 31); architectural and 
industrial maintenance coatings (APC Regulation No. 33) and solvent 
cleaning (APC Regulation No. 36); mobile equipment repair and 
refinishing APC Regulation No. 30); VOC control measures for adhesive 
and sealants (APC Regulation No. 44); VOC control measures for 
emulsified and cutback asphalt paving (APC Regulation No. 25); and VOC

[[Page 11805]]

control measures for portable fuel containers (contained in EPA's 
Mobile Source Air Toxics rule).
    Controls on mobile sources expected by 2018 include: enhanced 
safety inspection program (Rhode Island Motor Vehicle Safety and 
Emissions Control Regulation No. 1); on-board diagnostics testing for 
1996 and new vehicles (APC Regulation No. 34); Federal On-Board 
Refueling Vapor Recovery (ORVR) Rule; Federal Tier 2 Motor Vehicle 
Emissions Standards and Gasoline Sulfur Requirements; Federal Heavy-
Duty Diesel Engine Emission Standards for Trucks and Buses; and Federal 
Emission Standards for Large Industrial Spark-Ignition Engines and 
Recreation Vehicles.
    Controls on non-road sources expected by 2018 include the following 
federal regulations: Control of Air Pollution: Determination of 
Significance for Nonroad Sources and Emission Standards for New Nonroad 
Compression Ignition Engines at or above 37 kilowatts (59 FR 31306, 
June 17, 1994); Control of Emissions of Air Pollution from Nonroad 
Diesel Engines (63 FR 56967, Oct. 23, 1998); Control of Emissions from 
Nonroad Large Spark-Ignition Engines and Recreational Engines (67 FR 
68241, Nov. 8, 2002); and Control of Emissions of Air Pollution from 
Nonroad Diesel Engines and Fuels (69 FR 38958, June 29, 2004).
    Tables 1 and 2 are summaries of the 2002 baseline and 2018 
estimated emissions inventories for Rhode Island. The 2018 estimated 
emissions include emissions growth as well as emission reductions due 
to ongoing emission control strategies and reasonable progress goals.

                           Table 1--2002 Emissions Inventory Summary for Rhode Island
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                        VOC          NOX         PM2.5         PM10         NH3          SO2
----------------------------------------------------------------------------------------------------------------
Point.............................        1,928        2,764          183          300           58        2,666
Area..............................       31,402        3,886        2,064        8,295          883        4,557
On-Road Mobile....................       12,358       16,677          211          345          853          425
Non-Road Mobile...................        7,780        5,001          443          500            4          377
Biogenics.........................       19,233          211            0            0            0            0
                                   -----------------------------------------------------------------------------
    Total.........................       72,881       28,540        2,901        9,440        1,797        8,026
----------------------------------------------------------------------------------------------------------------


                           Table 2--2018 Emissions Inventory Summary for Rhode Island
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                        VOC          NOX         PM2.5         PM10         NH3          SO2
----------------------------------------------------------------------------------------------------------------
Point.............................        1,841        3,018          340          473          195        1,509
Area..............................       23,305        4,249        1,570        4,269        1,025           52
On-Road Mobile....................        6,305        5,351          148          168        1,200          100
Non-Road Mobile...................        5,389        2,723          303          348            5           42
Biogenics.........................       19,233          211            0            0            0            0
                                   -----------------------------------------------------------------------------
    Total.........................       56,073       15,553        2,362        5,260        2,425        1,703
----------------------------------------------------------------------------------------------------------------

2. Modeling to Support the LTS and Determine Visibility Improvement for 
Uniform Rate of Progress
    MANE-VU performed modeling for the regional haze LTS for the 11 
Mid-Atlantic and Northeast States and the District of Columbia. The 
modeling analysis is a complex technical evaluation that began with 
selection of the modeling system. MANE-VU used the following modeling 
system:
     Meteorological Model: The Fifth-Generation Pennsylvania 
State University/National Center for Atmospheric Research (NCAR) 
Mesoscale Meteorological Model (MM5) version 3.6 is a nonhydrostatic, 
prognostic meteorological model routinely used for urban- and regional-
scale photochemical, PM2.5, and regional haze regulatory 
modeling studies.
     Emissions Model: The Sparse Matrix Operator Kernel 
Emissions (SMOKE) version 2.1 modeling system is an emissions modeling 
system that generates hourly gridded speciated emission inputs of 
mobile, non-road mobile, area, point, fire, and biogenic emission 
sources for photochemical grid models.
     Air Quality Model: The EPA's Models-3/Community Multiscale 
Air Quality (CMAQ) version 4.5.1 is a photochemical grid model capable 
of addressing ozone, PM, visibility and acid deposition at a regional 
scale.
     Air Quality Model: The Regional Model for Aerosols and 
Deposition (REMSAD), is a Eulerian grid model that was primarily used 
to determine the attribution of sulfate species in the Eastern US via 
the species-tagging scheme.
     Air Quality Model: The California Puff Model (CALPUFF), 
version 5 is a non-steady-state Lagrangian puff model used to access 
the contribution of individual States' emissions to sulfate levels at 
selected Class I receptor sites.
    CMAQ modeling of regional haze in the MANE-VU region for 2002 and 
2018 was carried out on a grid of 12x12 kilometer (km) cells that 
covers the 11 MANE-VU States (Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, and Vermont) and the District of Columbia and States adjacent 
to them. This grid is nested within a larger national CMAQ modeling 
grid of 36x36 km grid cells that covers the continental United States, 
portions of Canada and Mexico, and portions of the Atlantic and Pacific 
Oceans along the east and west coasts. Selection of a representative 
period of meteorology is crucial for evaluating baseline air quality 
conditions and projecting future changes in air quality due to changes 
in emissions of visibility-impairing pollutants. MANE-VU conducted an 
in-depth analysis which resulted in the selection of the entire year of 
2002 (January 1-December 31) as the best period of meteorology 
available for conducting the CMAQ modeling. The

[[Page 11806]]

MANE-VU States' modeling was developed consistent with EPA's Guidance 
on the Use of Models and Other Analyses for Demonstrating Attainment of 
Air Quality Goals for Ozone, PM2.5, and Regional Haze, April 
2007 (EPA-454/B-07-002, available at www.epa.gov/scram001/guidance/guide/final-03-pm-rh-guidance.pdf), and EPA document, Emissions 
Inventory Guidance for Implementation of Ozone and Particulate Matter 
National Ambient Air Quality Standards (NAAQS) and Regional Haze 
Regulations, August 2005 and updated November 2005 (EPA-454/R-05-001, 
available at www.epa.gov/ttnchie1/eidocs/eiguid/index.html) 
(hereinafter referred to as ``EPA's Modeling Guidance'').
    MANE-VU examined the model performance of the regional modeling for 
the areas of interest before determining whether the CMAQ model results 
were suitable for use in the regional haze assessment of the LTS and 
for use in the modeling assessment. The modeling assessment predicts 
future levels of emissions and visibility impairment used to support 
the LTS and to compare predicted, modeled visibility levels with those 
on the uniform rate of progress. In keeping with the objective of the 
CMAQ modeling platform, the air quality model performance was evaluated 
using graphical and statistical assessments based on measured ozone, 
fine particles, and acid deposition from various monitoring networks 
and databases for the 2002 base year. MANE-VU used a diverse set of 
statistical parameters from the EPA's Modeling Guidance to stress and 
examine the model and modeling inputs. Once MANE-VU determined the 
model performance to be acceptable, MANE-VU used the model to assess 
the 2018 RPGs using the current and future year air quality modeling 
predictions, and compared the RPGs to the uniform rate of progress.
    In accordance with 40 CFR 51.308(d)(3), the State of Rhode Island 
provided the appropriate supporting documentation for all required 
analyses used to determine the State's LTS. The technical analyses and 
modeling used to develop the glide path and to support the LTS are 
consistent with EPA's RHR, and interim and final EPA Modeling Guidance. 
EPA is proposing to find the MANE-VU technical modeling to support the 
LTS and determine visibility improvement for the uniform rate of 
progress acceptable because the modeling system was chosen and used 
according to EPA Modeling Guidance. EPA agrees with the MANE-VU model 
performance procedures and results, and that the CMAQ is an appropriate 
tool for the regional haze assessments for the Rhode Island LTS and 
regional haze SIP.
3. Relative Contributions of Pollutants to Visibility Impairment
    An important step toward identifying reasonable progress measures 
is to identify the key pollutants contributing to visibility impairment 
at each Class I area. To understand the relative benefit of further 
reducing emissions from different pollutants, MANE-VU developed 
emission sensitivity model runs using CMAQ to evaluate visibility and 
air quality impacts from various groups of emissions and pollutant 
scenarios in the Class I areas on the 20 percent worst visibility days.
    Regarding which pollutants are most significantly impacting 
visibility in the MANE-VU region, MANE-VU's contribution assessment 
demonstrated that sulfate is the major contributor to PM2.5 
mass and visibility impairment at Class I areas in the Northeast and 
Mid-Atlantic Region. Sulfate particles commonly account for more than 
50 percent of particle-related light extinction at northeastern Class I 
areas on the clearest days and for as much as, or more than, 80 percent 
on the haziest days. For example, at the Brigantine National Wildlife 
Refuge Class I area (the MANE-VU Class I area with the greatest 
visibility impairment), on the 20 percent worst visibility days in 
2000-2004, sulfate accounted for 66 percent of the particle extinction. 
After sulfate, organic carbon (OC) consistently accounts for the next 
largest fraction of light extinction. Organic carbon accounted for 13 
percent of light extinction on the 20 percent worst visibility days for 
Brigantine, followed by nitrate that accounts for 9 percent of light 
extinction.
    The emissions sensitivity analyses conducted by MANE-VU predict 
that reductions in SO2 emissions from EGU and non-EGU 
industrial point sources will result in the greatest improvements in 
visibility in the Class I areas in the MANE-VU region, more than any 
other visibility-impairing pollutant. As a result of the dominant role 
of sulfate in the formation of regional haze in the Northeast and Mid-
Atlantic Region, MANE-VU concluded that an effective emissions 
management approach would rely heavily on broad-based regional 
SO2 control efforts in the eastern United States.
4. Reasonable Progress Goal
    Since the State of Rhode Island does not have a Class I area, it is 
not required to establish RPGs. However, as a MANE-VU member State, 
Rhode Island adopted the ``Statement of MANE-VU Concerning a Request 
for a Course of Action by States Within MANE-VU Toward Assuring 
Reasonable Progress'' on June 7, 2007. This document included four 
emission management strategies that will provide for reasonable 
progress towards achieving natural visibility at the MANE-VU Class I 
areas. These emission management strategies are collectively known as 
the MANE-VU ``Ask,'' and include: (a) Timely implementation of BART 
requirements; (b) a 90 percent reduction in SO2 emissions 
from each of the EGU stacks identified by MANE-VU comprising a total of 
167 stacks \5\; (c) adoption of a low sulfur fuel oil strategy; and (d) 
continued evaluation of other control measures to reduce SO2 
and NOX emissions.
---------------------------------------------------------------------------

    \5\ See Appendix H--``2018 Emissions from EGUs in the Eastern 
US'' of the Rhode Island SIP submittal for a complete listing of the 
167 stacks.
---------------------------------------------------------------------------

    Rhode Island does not have any BART eligible units, nor does it 
have any EGU stacks identified by MANE-VU as a top contributor to 
visibility impairment in any of the MANE-VU Class I areas.
    The MANE-VU low sulfur fuel oil strategy includes: Phase I 
reduction of distillate oil to 0.05% sulfur by weight (500 parts per 
million (ppm)) by no later than 2014; Phase II reductions of 4 
residual oil to 0.25% sulfur by weight by no later than 2018; 
6 residual oil to 0.5% sulfur by weight by no later than 2018; 
and further reduce the sulfur content of distillate oil to 15 ppm by 
2018.
    The expected reduction in SO2 emissions by 2018 from the 
MANE-VU ``Ask'' will yield corresponding reductions in sulfate aerosol, 
the main culprit in fine-particle pollution and regional haze. For 
Rhode Island, the MANE-VU analysis demonstrates that the reduction of 
the sulfur content in fuel oil will lead to an average reduction of 
0.25-0.36 [mu]g/m\3\ in the 24 hour PM2.5 concentration 
within the State, improving health and local visibility. In addition, 
the use of low sulfur fuels will result in cost savings to owners/
operators of residential furnaces and boilers due to reduced 
maintenance costs and extended life of the units.
    In its August 7, 2009 SIP submittal, Rhode Island states that ``RI 
DEM intends to adopt the low-sulfur fuel oil requirements by January 1, 
2012 and will have a compliance date of 2014 for Phase I and 2018 for 
Phase II.'' RI DEM continues to work toward the adoption of this 
regulation. However, in a letter dated January 31, 2012, RI DEM 
informed EPA that they do not

[[Page 11807]]

anticipate being able to adopt the low-sulfur fuel oil requirements 
before the end of 2012. RI DEM articulated that they are still 
committed to adopting the low-sulfur oil requirements but cannot do so 
on the time line of their original commitment.
    EPA is today proposing approval of the Rhode Island Regional Haze 
SIP for the first implementation period without inclusion of an adopted 
low sulfur fuel oil regulation.\6\ As described in Section III.A of 
this notice, Rhode Island neither causes nor contributes to visibility 
impairment in the closest Class I areas located in New Jersey, Vermont, 
New Hampshire, and Maine. For each of these Class I areas, the 
contribution of Rhode Island's emissions to total sulfate is less than 
the 2% threshold set by the MANE-VU States to determine whether any 
State contributed to visibility impairment. While the SO2 
reductions being achieved by Rhode Island are somewhat less than the 
statewide reductions that were projected to result from adoption of a 
low-sulfur fuel oil strategy by 2012, this shortfall is not anticipated 
to interfere with the ability of other States to meet their respective 
reasonable progress goals. All emissions from Rhode Island contribute 
no more than 0.31% of total sulfate at any Class I area. We encourage 
adoption of a low-sulfur fuel oil strategy by Rhode Island as such a 
strategy will have local air quality and some, limited visibility 
benefits, however, we do not believe it is a necessary component of an 
approvable Regional Haze SIP for Rhode Island for the first 
implementation period.
---------------------------------------------------------------------------

    \6\ On January 15, 2009, EPA made a finding that, among other 
States, Rhode Island had failed to submit a Regional Haze SIP by the 
required deadline. 74 FR 2392. We have proposed a consent decree to 
resolve a deadline suit regarding this finding as well as the 
finding of failure for 36 other States, the District of Columbia, 
and the U.S. Virgin Islands. National Parks Conservation Association 
v. Jackson, Civ. No. 1:11-cv-1548 (D.D.C. 2011). Because we do not 
believe a low-sulfur fuel oil strategy is necessary for Rhode Island 
during this first implementation period, EPA is moving forward with 
this proposed approval of the State's SIP submittal in order to 
satisfy our obligations under the Clean Air Act.
---------------------------------------------------------------------------

5. Additional Considerations for the LTS
    Forty CFR 51.308(d)(3)(v) requires States to consider the following 
factors in developing the long term strategy:
    a. Emission reductions due to ongoing air pollution control 
programs, including measures to address reasonably attributable 
visibility impairment;
    b. Measures to mitigate the impacts of construction activities;
    c. Emission limitations and schedules for compliance to achieve the 
reasonable progress goal;
    d. Source retirement and replacement schedules;
    e. Smoke management techniques for agricultural and forestry 
management purposes including plans as currently exist within the State 
for these purposes;
    f. Enforceability of emissions limitations and control measures; 
and
    g. The anticipated net effect on visibility due to projected 
changes in point area, and mobile source emissions over the period 
addressed by the long term strategy.
a. Emission reductions including RAVI
    Since Rhode Island does not contain any Class I areas, the State is 
not required to address RAVI, nor has any Rhode Island source been 
identified as subject to RAVI. A list of Rhode Island's ongoing air 
pollution control programs is included in Section III.B.1.
b. Construction Activities
    The Regional Haze Rule requires Rhode Island to consider measures 
to mitigate the impacts of construction activities on regional haze. 
MANE-VU's consideration of control measures for construction activities 
is documented in ``Technical Support Document on Measures to Mitigate 
the Visibility Impacts of Construction Activities in the MANE-VU 
Region, Draft, October 20, 2006.'' \7\
---------------------------------------------------------------------------

    \7\ This document has been provided as part of the docket to 
this proposed rulemaking.
---------------------------------------------------------------------------

    The construction industry is already subject to requirements for 
controlling pollutants that contribute to visibility impairment. For 
example, federal regulations require the reduction of SO2 
emissions from construction vehicles. At the State level, Rhode Island 
Air Pollution Control Regulation Number 5, ``Fugitive Dust'' regulates 
dust from construction and demolition activities. Section 5.3 of that 
regulation states, ``No person shall cause or permit any materials, 
including but not limited to sand, gravel, soil, aggregate and any 
other organic or inorganic solid matter capable of releasing dust, to 
be handled, transported, mined, quarried, stored or otherwise utilized 
in any way so as to cause airborne particulate matter to travel beyond 
the property line of the emission source without taking adequate 
precautions to prevent particulate matter from becoming airborne.''
    MANE-VU's Contribution Report found that, from a regional haze 
perspective, crustal material generally does not play a major role. On 
the 20 percent best-visibility days during the 2000-2004 baseline 
period, crustal material accounted for 6 to 11 percent of the particle-
related light extinction at the MANE-VU Class I Areas. On the 20 
percent worst-visibility days, however, the contribution was reduced to 
2 to 3 percent. Furthermore, the crustal fraction is largely made up of 
pollutants of natural origin (e.g., soil or sea salt) that are not 
targeted under the Regional Haze Rule. Nevertheless, the crustal 
fraction at any given location can be heavily influenced by the 
proximity of construction activities; and construction activities 
occurring in the immediate vicinity of MANE-VU Class I area could have 
a noticeable effect on visibility.
    For this regional haze SIP, Rhode Island concluded that its current 
regulations are currently sufficient to mitigate the impacts of 
construction activities. Any future deliberations on potential control 
measures for construction activities and the possible implementation 
will be documented in the first regional haze SIP progress report in 
2012. EPA proposes to find that Rhode Island has adequately addressed 
measures to mitigate the impacts of construction activities.
c. Emission Limitations and Schedules for Compliance To Achieve the RPG
    In addition to the existing CAA control requirements discussed in 
Section III.B.1, Rhode Island has committed to adopt a low sulfur fuel 
oil strategy consistent with the MANE-VU ``Ask'' by the end of 2012. It 
is expected that the compliance date for Phase I will be in 2014 and 
the compliance date for Phase II will be in 2018. As described in 
Section III.B.4 above, we do not believe inclusion of the low sulfur 
oil strategy is a necessary component of an approvable Region Haze SIP 
for Rhode Island. Therefore, EPA is proposing to determine that Rhode 
Island has satisfactorily considered emission limitations and schedules 
as part of the LTS.
d. Source Retirement and Replacement Schedule
    Forty CFR 51.308(d)(3)(v)(D) of the Regional Haze Rule requires 
Rhode Island to consider source retirement and replacement schedules in 
developing the long term strategy. Source retirement and replacement 
were considered in developing the 2018 emissions. The sources in Rhode 
Island that were shut down after the 2002 base year and therefore were 
not included in the 2018 inventory are: Albin, Display World, Clariant 
Corporation, Leviton, CCL Custom Manufacturing, Eastern

[[Page 11808]]

Butcher Block, Fiber Mark, Metal Recycling Company Incorporated, Slater 
Dye Works in Cumberland, Slater Dye Works in Pawtucket, and Charbert 
Incorporated. EPA is proposing to determine that Rhode Island has 
satisfactorily considered source retirement and replacement schedules 
as part of the LTS.
e. Smoke Management Techniques
    The Regional Haze Rule requires States to consider smoke management 
techniques related to agricultural and forestry management in 
developing the long-term strategy. MANE-VU's analysis of smoke 
management in the context of regional haze is documented in ``Technical 
Support Document on Agricultural and Smoke Management in the MANE-VU 
Region, September 1, 2006.'' \8\
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    \8\ This document has been included as part of the docket to 
this proposed rulemaking.
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    Rhode Island does not currently have a Smoke Management Program 
(SMP). However, SMPs are required only when smoke impacts from fires 
managed for resources benefits contribute significantly to regional 
haze. The emissions inventory presented in the above-cited document 
indicates that agricultural, managed and prescribed burning emissions 
are very minor; the inventory estimates that, in Rhode Island, those 
emissions from those source categories totaled 7.8 tons of 
PM10, 6.7 tons of PM2.5 and 0.5 tons of 
SO2 in 2002, which constitute 0.08%, 0.2% and 0.006% of the 
total inventory for these pollutants, respectively.
    Source apportionment results show that wood smoke is a moderate 
contributor to visibility impairment at some Class I areas in the MANE-
VU region; however, smoke is not a large contributor to haze in MANE-VU 
Class I areas on either the 20% best or 20% worst visibility days. 
Moreover, most of wood smoke is attributable to residential wood 
combustion.\9\ Therefore, it is unlikely that fires for agricultural or 
forestry management cause large impacts on visibility in any of the 
Class I areas in the MANE-VU region. On rare occasions, smoke from 
major fires degrades air quality and visibility in the MANE-VU area. 
However, these fires are generally unwanted wildfires that are not 
subject to SMPs. EPA proposes to approve Rhode Island's decision that 
an Agricultural and Forestry Smoke Management Plan to address 
visibility impairment is not required at this time.
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    \9\ Although not included as part of the Regional Haze SIP, 
effective April 14, 2011, Rhode Island promulgated APC Regulation 
No. 48--Outdoor Wood Boilers which prohibits the sale or 
installation of any outdoor wood boiler on or after the effective 
date of the regulation unless it has been qualified by EPA to meet 
the Phase 2 emissions level for particulate matter (0.3 pounds per 
million British Thermal Units output).
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f. Enforceability of Emission Limitations and Control Measures
    All emission limitations included as part of Rhode Island's 
Regional Haze SIP are currently federally enforceable. EPA is proposing 
to find that Rhode Island has adequately addressed the enforceability 
of emission limitations and control measures.
g. The Anticipated Net Effect on Visibility
    MANE-VU used the best and final emission inventory to model 
progress expected toward the goal of natural visibility conditions for 
the first regional haze planning period. All of the MANE-VU Class I 
areas are expected to achieve greater progress toward the natural 
visibility goal than the uniform rate of progress, or the progress 
expected by extrapolating a trend line from current visibility 
conditions to natural visibility conditions.\10\
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    \10\ Projected visibility improvements for each MANE-VU Class I 
area can be found in the NESCAUM document dated May 13, 2008, ``2018 
Visibility Projections'' (www.nescaum.org/documents/2018-visibility-projections-final-05-13-08.pdf/).
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    In summary, EPA is proposing to find that Rhode Island has 
adequately addressed the LTS regional haze requirements.

C. Consultation With States and Federal Land Managers

    On May 10, 2006, the MANE-VU State Air Directors adopted the Inter-
RPO State/Tribal and FLM Consultation Framework that documented the 
consultation process within the context of regional phase planning, and 
was intended to create greater certainty and understanding among RPOs. 
MANE-VU States held ten consultation meetings and/or conference calls 
from March 1, 2007 through March 21, 2008. In addition to MANE-VU 
members attending these meetings and conference calls, participants 
from the Visibility Improvement State and Tribal Association of the 
Southeast (VISTAS) RPO, Midwest RPO, and the relevant Federal Land 
Managers were also in attendance. In addition to the conference calls 
and meeting, the FLMs were given the opportunity to review and comment 
on each of the technical documents developed by MANE-VU.
    On January 26, 2009, Rhode Island submitted a draft Regional Haze 
SIP to the relevant FLMs for review and comment pursuant to 40 CFR 
51.308(i)(2). The FLMs provided comments on the draft Regional Haze SIP 
in accordance with 40 CFR 51.308(i)(3). The comments received from the 
FLMs were addressed and incorporated in Rhode Island's SIP revision. 
Most of the comments were requests for additional detail as to various 
aspects of the SIP. These comments and Rhode Island's response to 
comments can be found in the docket for this proposed rulemaking.
    On July 30, 2009, Rhode Island proposed its Regional Haze SIP for 
public hearing and no comments were received. To address the 
requirement for continuing consultation procedures with the FLMs under 
40 CFR 51.308(i)(4), Rhode Island commits in their SIP to ongoing 
consultation with the FLMs on emission strategies, major new source 
permits, assessments or rulemaking concerning sources identified as 
probable contributors to visibility impairment, any changes to the 
monitoring strategy, work on the periodic revisions to the SIP, and 
ongoing communications regarding visibility impairment.
    EPA is proposing to find that Rhode Island has addressed the 
requirements for consultation with the Federal Land Managers.

D. Periodic SIP Revisions and Five-Year Progress Reports

    Consistent with the requirements of 40 CFR 51.308(g), Rhode Island 
has committed to submitting a report on reasonable progress (in the 
form of a SIP revision) to the EPA every five years following the 
initial submittal of its regional haze SIP. The reasonable progress 
report will evaluate the progress made towards the RPGs for the MANE-VU 
Class I areas, located in Maine, New Hampshire, Vermont, and New 
Jersey.
    Forty CFR 51.308(f) requires the RI DEM to submit periodic 
revisions to its Regional Haze SIP by July 31, 2018, and every ten 
years thereafter. RI DEM acknowledges and agrees to comply with this 
schedule.
    Pursuant to 40 CFR 51.308(d)(4)(v), RI DEM will also make periodic 
updates to the Rhode Island emissions inventory. RI DEM proposes to 
complete these updates to coincide with the progress reports. Actual 
emissions will be compared to projected modeled emissions in the 
progress reports.
    Lastly, pursuant to 40 CFR 51.308(h), RI DEM will submit a 
determination of adequacy of its regional haze SIP revision whenever a 
progress report is submitted. Rhode Island's regional haze SIP states 
that, depending on the findings of its five-year review, Rhode

[[Page 11809]]

Island will take one or more of the following actions at that time, 
whichever actions are appropriate or necessary:
     If Rhode Island determines that the existing State 
Implementation Plan requires no further substantive revision in order 
to achieve established goals for visibility improvement and emissions 
reductions, RI DEM will provide to the EPA Administrator a negative 
declaration that further revision of the existing plan is not needed.
     If Rhode Island determines that its implementation plan is 
or may be inadequate to ensure reasonable progress as a result of 
emissions from sources in one or more other State(s) which participated 
in the regional planning process, Rhode Island will provide 
notification to the EPA Administrator and to those other State(s). 
Rhode Island will also collaborate with the other State(s) through the 
regional planning process for the purpose of developing additional 
strategies to address any such deficiencies in Rhode Island's plan.
     If Rhode Island determines that its implementation plan is 
or may be inadequate to ensure reasonable progress as a result of 
emissions from sources in another country, Rhode Island will provide 
notification, along with available information, to the EPA 
Administrator.
     If Rhode Island determines that the implementation plan is 
or may be inadequate to ensure reasonable progress as a result of 
emissions from sources within the State, Rhode Island will revise its 
implementation plan to address the plan's deficiencies within one year 
from this determination.

IV. What action is EPA proposing to take?

    EPA is proposing approval of Rhode Island's August 7, 2009 SIP 
revision as meeting the applicable requirements of the Regional Haze 
Rule found in 40 CFR 51.308.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 13, 2012.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
[FR Doc. 2012-4656 Filed 2-27-12; 8:45 am]
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