[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Proposed Rules]
[Pages 31692-31718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12415]
[[Page 31691]]
Vol. 77
Tuesday,
No. 103
May 29, 2012
Part II
Environmental Protection Agency
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40 CFR Part 52
Approval and Promulgation of Implementation Plans; State of Hawaii;
Regional Haze Federal Implementation Plan; Proposed Rule
Federal Register / Vol. 77 , No. 103 / Tuesday, May 29, 2012 /
Proposed Rules
[[Page 31692]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0345, FRL-9675-3]
Approval and Promulgation of Implementation Plans; State of
Hawaii; Regional Haze Federal Implementation Plan
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
promulgate a Federal Implementation Plan (FIP) to address regional haze
in the State of Hawaii. EPA proposes to determine that the FIP meets
the requirements of the Clean Air Act (CAA or ``the Act'') and EPA's
rules concerning reasonable progress towards the national goal of
preventing any future and remedying any existing man-made impairment of
visibility in mandatory Class I areas. We are taking comments on this
proposal and plan to follow with a final action.
DATES: Written comments must be received at the address below on or
before July 2, 2012.
ADDRESSES: See Supplementary Information section for further
instructions on where and how to learn more about this proposal, attend
a public hearing or submit comments.
FOR FURTHER INFORMATION CONTACT: Gregory Nudd, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency Region 9, 415-947-4107,
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Definitions
B. Docket
C. Instructions for Submitting Comments to EPA
D. Submitting CBI
E. Tips for Preparing Your Comments
F. Public Hearings
II. Background
A. General Description of Regional Haze
B. Visibility Protection Requirements of the CAA and EPA's
Regulations
C. Requirements for Regional Haze Implementation Plans
1. Determination of Baseline, Natural and Current Visibility
Conditions
2. Determination of Reasonable Progress Goals
3. Best Available Retrofit Technology
4. Long-Term Strategy
5. Coordination of the Regional Haze SIP and Reasonably
Attributable Visibility Impairment
6. Monitoring Strategy
7. SIP Revisions and Progress Reports
8. Coordination With Federal Land Managers
D. Roles of Agencies in Addressing Regional Haze
E. EPA's Authority To Promulgate a FIP
III. Proposed Implementation Plan To Address Regional Haze in Hawaii
A. Affected Class I Areas
B. Baseline Visibility, Natural Visibility, and Uniform Rate of
Progress
1. Estimating Natural Visibility Conditions
2. Estimating Baseline Conditions
3. Summary of Baseline and Natural Conditions
4. Uniform Rate of Progress
5. Contribution Assessment According to IMPROVE Monitoring Data
C. Hawaii Emissions Inventories
1. Statewide Emissions Inventories
2. Review of the Emissions Inventory for Completeness and
Accuracy
3. Assessment of the Emissions Inventory
D. Sources of Visibility Impairment in Hawaii Class I Areas
E. Best Available Retrofit Technology Evaluation
1. Identification of BART-Eligible Sources
2. Identification of Sources Subject to BART
a. Modeling Methodology
b. Contribution Threshold
c. Sources Identified by EPA as Subject to BART
3. BART Determination for Kanoelehua Hill
a. BART for NOX and Particulate Matter (PM)
b. BART for SO2
F. Reasonable Progress Goals for Hawaii
1. Identification of Pollutants for Reasonable Progress
2. Determining Reasonable Progress Through Island-Specific
Emissions Inventories
3. Four Factor Analysis for NOX Sources on Maui and
the Big Island
4. Four Factor Analysis for SO2 Emissions on Maui
a. Mobile Source SO2 Emissions on Maui
b. Point Source SO2 Emissions on Maui
c. Conclusion of Reasonable Progress Analysis for SO2
Emissions on Maui
5. Four Factor Analysis for SO2 Emissions on the Big
Island (Hawaii)
a. Mobile Source SO2 Emissions on the Big Island
(Hawaii)
b. Point Source SO2 Emissions on the Big Island
(Hawaii)
c. Conclusion of Reasonable Progress Analysis for SO2
Emissions on the Big Island (Hawaii)
d. Benefits of the Emission Control Area on Emissions From In
Transit Marine Vessels
6. Reasonable Progress Goals--2018 Visibility Projections
7. Visibility Improvement Compared to URP and Number of Years To
Reach Natural Conditions
G. Long-Term Strategy
1. Interstate Consultation Requirement
2. Identification of Anthropogenic Sources of Visibility
Impairment
3. Other Long Term-Strategy Requirements
a. Emissions Reductions Due to Ongoing Air Pollution Programs
b. Measures To Mitigate the Impacts of Construction Activities
c. Emission Limitations and Schedules for Compliance
d. Sources Retirement and Replacement Schedules
e. Agricultural and Forestry Smoke Management Techniques
f. Enforceability of Control Measures
g. Anticipated Net Effect on Visibility Due to Projected Changes
in Point, Area, and Mobile Source Emissions Over the Next 10 Years
H. Coordination of RAVI and Regional Haze Requirements
I. Monitoring Strategy
J. Federal Land Manager Consultation and Coordination
IV. Proposed Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
i. The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
ii. The initials bext mean or refer to total light extinction.
iii. The initials CBI mean or refer to Confidential Business
Information.
iv. The initials DOH refer to the Hawaii Department of Health.
v. The initials dv mean or refer to deciview(s).
vi. The initials EGU mean or refer to Electric Generating Units.
vii. The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
viii. The initials FIP mean or refer to Federal Implementation
Plan.
ix. The initials FLMs mean or refer to Federal Land Managers.
x. The words Hawaii and State mean or refer to the State of
Hawaii.
xi. The initials HECO mean or refer to the Hawaiian Electric
Company.
xii. The initials HELCO mean or refer to the Hawaii Electric
Light Company.
[[Page 31693]]
xiii. The initials IMPROVE mean or refer to Interagency
Monitoring of Protected Visual Environments monitoring network.
xiv. The initials IPM mean or refer to Integrated Planning
Model.
xv. The initials LTS mean or refer to Long-Term Strategy.
xvi. The initials MECO mean or refer to Maui Electric Company.
xvii. The initials MW mean or refer to megawatt(s).
xviii. The initials NEI mean or refer to National Emissions
Inventory.
xix. The initials NH3 mean or refer to ammonia.
xx. The initials NOX mean or refer to nitrogen oxides.
xxi. The initials NP mean or refer to National Park.
xxii. The initials OC mean or refer to organic carbon.
xxiii. The initials PM mean or refer to particulate matter.
xxiv. The initials PM2.5 mean or refer to particulate matter
with an aerodynamic diameter of less than 2.5 micrometers (fine
particulate matter).
xxv. The initials PM10 mean or refer to particulate matter with
an aerodynamic diameter of less than 10 micrometers (coarse
particulate matter).
xxvi. The initials ppm mean or refer to parts per million.
xxvii. The initials PSD mean or refer to Prevention of
Significant Deterioration.
xxviii. The initials RAVI mean or refer to Reasonably
Attributable Visibility Impairment.
xxix. The initials RP mean or refer to Reasonable Progress.
xxx. The initials RPG or RPGs mean or refer to Reasonable
Progress Goal(s).
xxxi. The initials RPOs mean or refer to regional planning
organizations.
xxxii. The initials SIP mean or refer to State Implementation
Plan.
xxxiii. The initials SO2 mean or refer to sulfur dioxide.
x. The initials tpy mean or refer to tons per year.
xi. The initials TSD mean or refer to Technical Support
Document.
xii. The initials URP mean or refer to Uniform Rate of Progress.
xiii. The initials VOC mean or refer to volatile organic
compounds.
xiv. The initials WEP mean or refer to Weighted Emissions
Potential.
xv. The initials WRAP mean or refer to the Western Regional Air
Partnership.
B. Docket
Data, information, and documents on which this proposed FIP relies
have been placed in the docket for this action (docket number EPA-R09-
OAR-2012-0345). All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., Confidential Business
Information (CBI)). Certain other material, such as copyrighted
material, will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically at
http://www.regulations.gov or in hard copy at the Planning Office of
the Air Division, Air-2, EPA Region 9, 75 Hawthorne Street, San
Francisco, CA 94105. EPA requests you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 9:00-5:30 PST, excluding Federal holidays.
C. Instructions for Submitting Comments to EPA
Submit your comments, identified by Docket ID No. EPA-R09-OAR-2012-
0345 by one of the following methods:
1. Federal Rulemaking portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Fax: 415-947-3579 (Attention: Gregory Nudd).
4. Mail, Hand Delivery or Courier: Gregory Nudd, EPA Region 9, Air
Planning Office (AIR-2), Air Division, 75 Hawthorne Street, San
Francisco, California 94105. Hand and courier deliveries are only
accepted Monday through Friday, 8:30 a.m.-4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be CBI or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or email. The http://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 http://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.
D. Submitting CBI
Do not submit CBI to EPA through http://www.regulations.gov or
email. Clearly mark the part or all of the information that you claim
to be CBI. For CBI information in a disk or CD ROM that you mail to
EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
E. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
F. Public Hearings
As announced on May 11, 2012, 77 FR 27671, EPA will hold two public
hearings at the following dates, times and locations to accept oral and
written comments into the record:
Date: May 31, 2012.
Time: Open House: 5:30-6:30 p.m.
Public Hearing 6:30-8:30 p.m.
Location: The University of Hawaii, Maui College in the Pilina
Multipurpose Room, 310 W. Kaahumanu Avenue, Kahului, Hawaii 96732.
Date: June 1, 2012.
Time: Open House: 4:30-5:30 p.m.
Public Hearing: 5:30-7:30 p.m.
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Location: Waiakea High School Cafeteria, 155 W. Kawili Street,
Hilo, Hawaii 96720.
To provide opportunities for questions and discussion, EPA will
hold open houses prior to the public hearings. During these open
houses, EPA staff will be available to informally answer questions on
our proposed action. Any comments made to EPA staff during the open
houses must still be provided formally in writing or orally during a
public hearing in order to be considered in the record.
The public hearings will provide the public with an opportunity to
present data, views, or arguments concerning the proposed Regional Haze
FIP for Hawaii. EPA may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered with the same weight as any oral
comments and supporting information presented at the public hearing.
Please consult sections I.C, I.D. and I.E of this preamble for guidance
on how to submit written comments to EPA.
At the public hearing, the hearing officer may limit the time
available for each commenter to address the proposal to five minutes or
less if the hearing officer determines it is appropriate. Any person
may provide written or oral comments and data pertaining to our
proposal at the public hearing. We will include verbatim transcripts,
in English, of the hearing and written statements in the rulemaking
docket.
II. Background
A. General Description of Regional Haze
Regional haze is visibility impairment produced by a multitude of
sources and activities that are located across a broad geographic area
and emit fine particulates (PM2.5) (e.g., sulfates,
nitrates, organic carbon (OC), elemental carbon (EC), and soil dust),
and their precursors (e.g., sulfur dioxide (SO2), nitrogen
oxides (NOX), and in some cases, ammonia (NH3)
and volatile organic compounds (VOC)). Fine particle precursors react
in the atmosphere to form PM2.5, which impairs 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 and
eutrophication.
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 Parks (NPs)
and wilderness areas (WAs). The average visual range \1\ in many Class
I areas (i.e., NPs and memorial parks, WAs, 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 anthropogenic 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. 64 FR 35715 (July 1, 1999).
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\1\ Visual range is the greatest distance, in kilometers or
miles, at which a dark object can be viewed against the sky.
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B. Visibility Protection Requirements of the CAA and EPA's Regulations
In section 169A of the 1977 Amendments to the CAA, Congress created
a program for protecting visibility in the nation's NPs 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 Federal areas \2\ which
impairment results from man-made 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.'' 45 FR 80084 (December 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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\2\ Areas designated as mandatory Class I Federal areas consist
of NPs 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.'' 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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As part of the 1990 Amendments to the CAA, Congress added section
169B to focus attention on regional haze issues. EPA promulgated a rule
to address regional haze on July 1, 1999. 64 FR 35714 (July 1, 1999),
codified at 40 CFR part 51, subpart P (Regional Haze Rule). The primary
regulatory requirements that address regional haze are found at 40 CFR
51.308 and 51.309 and are summarized below. Under 40 CFR 51.308(b), all
states, the District of Columbia and the Virgin Islands are required to
submit an initial state implementation plan (SIP) addressing regional
haze visibility impairment no later than December 17, 2007.\3\
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\3\ EPA's regional haze regulations require subsequent updates
to the regional haze SIPs. 40 CFR 51.308(g)-(i).
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C. Requirements for Regional Haze Implementation Plans
The Regional Haze Rule (RHR) sets out specific requirements for
states' initial regional haze implementation plans. In particular, each
state's plan must establish a long-term strategy that ensures
reasonable progress (RP) toward achieving natural visibility conditions
in each Class I area affected by the emissions from sources within the
state. In addition, for each Class I area within the state's
boundaries, the plan must establish a reasonable progress goal (RPG)
for the first planning period that ends on July 31, 2018. The long-term
strategy must include enforceable emission limits and other measures as
necessary to achieve the RPG. Regional haze 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.
These sources, where appropriate, are required to install Best
Available Retrofit Technology (BART) controls to eliminate or reduce
visibility impairment. The specific regional haze plan requirements are
summarized below.
1. 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 expressed in deciviews is determined by using air quality
measurements to estimate light extinction and then
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transforming the value of light extinction to deciviews using a
logarithmic function. The deciview is a more useful measure for
tracking progress in improving visibility than light extinction because
each deciview change is an equal incremental change in visibility as
perceived by the human eye.\4\
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\4\ The preamble to the RHR provides additional details about
the deciview. 64 FR 35714, 35725 (July 1, 1999).
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The deciview is used to express reasonable progress goals, define
visibility conditions and track changes in visibility. To track changes
in visibility at each of the 156 Class I areas covered by the
visibility program (40 CFR 81.401-437), and as part of the process for
determining reasonable progress, states must calculate the degree of
existing visibility impairment at each Class I area and periodically
review progress midway through each ten-year implementation 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 develop an estimate of natural visibility
conditions for the purpose 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.\5\
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\5\ See ``Guidance for Estimating Natural Visibility Conditions
Under the Regional Haze Rule (September 2003) and ``Guidance for
Tracking Progress Under the Regional Haze Rule (September 2003) for
further information.
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For the first regional haze SIPs that were due by December 17,
2007, ``baseline visibility conditions'' are the starting points for
assessing ``current'' visibility impairment. Baseline visibility
conditions represent the degree of visibility impairment for the 20
percent least impaired days and 20 percent most impaired days for each
calendar year from 2000 to 2004. Using monitoring data for 2000 through
2004, states are required to calculate the average degree of visibility
impairment for each Class I area, 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. In general, the 2000-2004
baseline period is considered the time from which improvement in
visibility is measured.
2. Determination of Reasonable Progress Goals
The vehicle for ensuring continuing progress towards achieving the
natural visibility goal is the submission of a series of regional haze
SIPs that establish two RPGs (i.e., two distinct goals, one for the
``best'' and one for the ``worst'' days) for every Class I area for
each (approximately) ten-year implementation 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.
In setting RPGs, states must provide for an improvement in visibility
for the most impaired days over the (approximately) ten-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 section 169A
of the CAA and in EPA's RHR at 40 CFR 51.308(d)(1)(i)(A): (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. States have considerable flexibility in how they take
these factors into consideration, as noted in EPA's Guidance for
Setting Reasonable Progress Goals under the Regional Haze Program (June
1, 2007) (pp. 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'' (URP) or the ``glide path'') and the
emission reduction measures needed to achieve that rate of progress
over the ten-year period of the SIP. Uniform progress towards
achievement of natural conditions by the year 2064 represents a rate of
progress that 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 affecting visibility impairment at the
Class I state's areas. 40 CFR 51.308(d)(1)(iv).
3. Best Available Retrofit Technology
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, section 169A(b)(2)(A) of 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 major stationary
sources \6\ built between 1962 and 1977 procure, install, and operate
the ``Best Available Retrofit Technology'' as determined by the state.
Under the RHR, states are directed to conduct BART determinations for
such ``BART-eligible'' 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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\6\ The set of ``major stationary sources'' potentially subject
to BART is 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 such ``subject-to-BART'' source. States are required to use the
approach set forth in the BART Guidelines in making a BART
determination for fossil fuel-fired electric generating plants with a
total generating capacity in excess of 750 megawatts. States are
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 SO2, NOX and
PM. EPA has indicated that states should use their best judgment in
determining whether VOC or NH3 compounds impair visibility
in Class I areas.
In their SIPs, states must identify potential BART sources,
described in the RHR as ``BART-eligible sources.'' 40 CFR
51.308(e)(1)(i). A BART-eligible
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source is an existing stationary source in any of 26 listed categories
which meets criteria for startup dates and potential emissions. See 40
CFR 51.301 and 40 CFR part 51, Appendix Y, Sec. II. Each BART-eligible
source that ``emits any air pollutant which may reasonably be
anticipated to cause or contribute to any impairment of visibility in
any mandatory Class I Federal area'' is subject to BART. 40 CFR
51.308(e)(1)(ii).
The BART Guidelines allow states to 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 Guidelines provide that:
A single source that is responsible for a 1.0 deciview change or
more should be considered to ``cause'' visibility impairment; a
source that causes less than a 1.0 deciview change may still
contribute to visibility impairment and thus be subject to BART.
Because of varying circumstances affecting different Class I areas,
the appropriate threshold for determining whether a source
``contributes to any visibility impairment'' for the purposes of
BART may reasonably differ across States. As a general matter, any
threshold that you use for determining whether a source
``contributes'' to visibility impairment should not be higher than
0.5 deciviews.
40 CFR part 51, Appendix Y, Sec. III.A.1. The state must document its
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 is subject to BART and must therefore undergo a BART
control analysis.
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 assigned to each factor, but all five
factors must be considered. The BART Guidelines provide further detail
about how to analyze these factors.
Once a state has made its BART determination, the BART controls
must be installed and operated as expeditiously as practicable, but no
later than five years after the date EPA approves the regional haze
SIP. CAA section 169(g)(4), 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.
4. Long-Term Strategy
Consistent with the requirement in section 169A(b) of the CAA that
states include in their regional haze SIP a ten- to fifteen-year
strategy for making reasonable progress, section 51.308(d)(3) of the
RHR requires that states include a long-term strategy (LTS) in their
regional haze SIPs. The LTS is the compilation of all control measures
a state will use during the implementation period of the specific SIP
submittal to meet applicable RPGs. The LTS must include ``enforceable
emissions limitations, compliance schedules, and other measures needed
to achieve the reasonable progress goals'' for all Class I areas within
and affected by emissions from the state. 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 downwind state to coordinate with
contributing states to develop coordinated emissions management
strategies. 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.
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 following seven factors listed below are 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; and, (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. 40 CFR 51.308(d)(3)(v).
5. Coordination of the Regional Haze SIP and Reasonably Attributable
Visibility Impairment
As part of the RHR, EPA revised 40 CFR 51.306(c) regarding the
long-term strategy 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 RAVI and regional haze,
and the state must submit the first such coordinated LTS with its first
regional haze SIP. Future coordinated LTSs, 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
review of a state's LTS must report on both regional haze and RAVI
impairment and must be submitted to EPA as a SIP revision.
6. Monitoring Strategy
Section 51.308(d)(4) of the RHR requires a monitoring strategy for
measuring, characterizing, and reporting on regional haze visibility
impairment that is representative of all mandatory Class I 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 Interagency
Monitoring of Protected Visual Environments (IMPROVE) network, i.e.,
review and use of monitoring data from the 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 31697]]
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.
7. SIP Revisions and Progress Reports
The RHR requires control strategies to cover an initial
implementation period through 2018, with a comprehensive reassessment
and revision of those strategies, as appropriate, every ten years
thereafter. Periodic SIP revisions must meet the core requirements of
section 51.308(d) with the exception of BART. The requirement to
evaluate sources for BART applies only to the first regional haze SIP.
Facilities subject to BART must continue to comply with the BART
provisions of section 51.308(e), as noted above. Periodic SIP revisions
will assure that the statutory requirement of reasonable progress will
continue to be met.
Each state also is required to submit a report to EPA every five
years that evaluates progress toward achieving the RPG for each Class I
area within the state and outside the state if affected by emissions
from within the state. 40 CFR 51.308(g). The first progress report is
due five years from submittal of the initial regional haze SIP
revision. At the same time a five-year progress report is submitted, a
state must determine the adequacy of its existing SIP to achieve the
established goals for visibility improvement. 40 CFR 51.308(h). The RHR
contains more detailed requirements associated with these parts of the
Rule.
8. Coordination With Federal Land Managers
The RHR requires that states consult with Federal Land Managers
(FLMs) before adopting and submitting their SIPs. 40 CFR 51.308(i).
States must provide FLMs an opportunity for consultation, in person and
at least sixty 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. Furthermore, 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.
D. 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 particulate matter (PM) and other
pollutants leading to regional haze.
The Western Regional Air Partnership (WRAP) 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 western United States. WRAP member State governments
include: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,
New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and
Wyoming. Tribal members include Campo Band of Kumeyaay Indians,
Confederated Salish and Kootenai Tribes, Cortina Indian Rancheria, Hopi
Tribe, Hualapai Nation of the Grand Canyon, Native Village of Shungnak,
Nez Perce Tribe, Northern Cheyenne Tribe, Pueblo of Acoma, Pueblo of
San Felipe, and Shoshone-Bannock Tribes of Fort Hall.
E. EPA's Authority To Promulgate a FIP
EPA made a finding of failure to submit on January 15, 2009 (74 FR
2392), determining that Hawaii failed to submit a SIP that addressed
any of the required regional haze SIP elements of 40 CFR 51.308. Under
section 110(c) of the Act, whenever we find that a State has failed to
make a required submission we are required to promulgate a FIP.
Specifically, section 110(c) provides:
(1) The Administrator shall promulgate a Federal implementation
plan at any time within 2 years after the Administrator--
(A) finds that a State has failed to make a required submission
or finds that the plan or plan revision submitted by the State does
not satisfy the minimum criteria established under [section
110(k)(1)(A)], or
(B) disapproves a State implementation plan submission in whole
or in part, unless the State corrects the deficiency, and the
Administrator approves the plan or plan revision, before the
Administrator promulgates such Federal implementation plan.
Section 302(y) defines the term ``Federal implementation plan'' in
pertinent part, as:
[A] plan (or portion thereof) promulgated by the Administrator
to fill all or a portion of a gap or otherwise correct all or a
portion of an inadequacy in a State implementation plan, and which
includes enforceable emission limitations or other control measures,
means or techniques (including economic incentives, such as
marketable permits or auctions or emissions allowances) * * *.
Thus, because we determined that Hawaii failed to submit a Regional
Haze SIP, we are required to promulgate a Regional Haze FIP.
III. Proposed Implementation Plan To Address Regional Haze in Hawaii
A. Affected Class I Areas
In accordance with 40 CFR 51.308(d), we have identified two Class I
areas within Hawaii: Hawaii Volcanoes NP on the Island of Hawaii, and
Haleakala NP on the Island of Maui. EPA is responsible for developing
RPGs for these two Class I areas. EPA has also determined that
emissions from sources in Hawaii are not reasonably expected to have
impacts at Class I areas in other states. See section III.G.1 below.
[[Page 31698]]
B. Baseline Visibility, Natural Visibility, and Uniform Rate of
Progress
As required by section 51.308(d)(2)(i) of the Regional Haze Rule
and in accordance with our 2003 Natural Visibility Guidance, EPA
calculated baseline/current and natural visibility conditions for the
two Hawaii Class I areas, Hawaii Volcanoes NP and Haleakala NP, on the
most impaired and least impaired days, as summarized below.\7\ The
natural visibility conditions, baseline visibility conditions, and
visibility impact reductions needed to achieve the Uniform Rate of
Progress (URP) in 2018 for each of the two Hawaii Class I areas are
presented in Table 1 and further explained in this section.
---------------------------------------------------------------------------
\7\ Information presented here is based on the IMPROVE data
presented at the WRAP Technical Support System (TSS) (http://vista.cira.colostate.edu/tss/). This information is available in the
docket in the document titled ``Technical Support Document for the
Proposed Action on the Federal Implementation Plan for the Regional
Haze Program in the State of Hawaii,'' Air Division, EPA Region 9,
May 14, 2012 [hereinafter ``FIP TSD''].
Table 1--Visibility Impact Reductions Needed Based on Best and Worst Days Baselines, Natural Conditions, and Uniform Rate of Progress for Hawaii Class I
Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
20% Worst days 20% Best days
-----------------------------------------------------------------------------------------------
Hawaii class I area 2018 Reduction 2064 Natural 2064 Natural
2001-2004 2018 URP (dv) needed (delta conditions 2000-2004 conditions
baseline (dv) dv) \8\ (dv) Baseline (dv) (dv)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Volcanoes NP..................................... 18.9 16.2 2.7 7.2 4.1 2.2
Haleakala NP............................................ 13.3 11.9 1.4 7.4 4.6 2.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Estimating Natural Visibility Conditions
Natural background visibility, as defined in our 2003 Natural
Visibility Guidance, is estimated by calculating the expected light
extinction using default estimates of natural concentrations of fine
particle components adjusted by site-specific estimates of humidity.
This calculation uses the IMPROVE equation, which is a formula for
estimating light extinction from the estimated natural concentrations
of fine particle components (or from components measured by the IMPROVE
monitors). As documented in our 2003 Natural Visibility Guidance,\9\
EPA allows the use of ``refined'' or alternative approaches to this
guidance to estimate the values that characterize the natural
visibility conditions of Class I areas. One alternative approach is to
develop and justify the use of alternative estimates of natural
concentrations of fine particle components. Another alternative is to
use the ``new IMPROVE equation'' that was adopted for use by the
IMPROVE Steering Committee in December 2005 and the Natural Conditions
II algorithm that was finalized in May 2007.\10\ The purpose of this
refinement to the ``old IMPROVE equation'' is to provide more accurate
estimates of the various factors that affect the calculation of light
extinction.
---------------------------------------------------------------------------
\8\ Since visibility conditions are expressed in terms of
deciviews (dv), changes in visibility conditions are typically
expressed in terms of ``delta deciviews'' or ``delta dv.''
\9\ Guidance for Estimating Natural Visibility Conditions Under
the Regional Haze Rule, September 2003 EPA-454/B-03-005, Appendix B
Default Natural bext, dv, and 10th and 90th Percentile dv
Values at All Mandatory Federal Class I Areas.
\10\ The IMPROVE program is a cooperative measurement effort
governed by a steering committee composed of representatives from
Federal agencies (including representatives from EPA and the FLMs)
and RPOs. The IMPROVE monitoring program was established in 1985 to
aid the creation of Federal and State implementation plans for the
protection of visibility in Class I areas. One of the objectives of
IMPROVE is to identify chemical species and emission sources
responsible for existing anthropogenic visibility impairment. The
IMPROVE program has also been a key instrument in visibility-related
research, including the advancement of monitoring instrumentation,
analysis techniques, visibility modeling, policy formulation and
source attribution field studies.
---------------------------------------------------------------------------
For the two Class I Areas in Hawaii, EPA opted to use WRAP
calculations in which the default estimates for the natural conditions
(see Table 2) were combined with the ``new IMPROVE equation'' and the
Natural Conditions II algorithm (see Table 3). This is an acceptable
approach under our 2003 Natural Visibility Guidance. Table 2 shows the
default natural visibility values for the 20% worst days and 20% best
days.
Table 2--Default Natural Visibility Values for the 20% Best Days and 20%
Worst Days
------------------------------------------------------------------------
20% Worst days 20% Best days
Class I area (dv) (dv)
------------------------------------------------------------------------
Hawaii Volcanoes NP..................... 7.47 2.35
Haleakala NP............................ 7.27 2.15
------------------------------------------------------------------------
EPA also referred to WRAP calculations using the new IMPROVE
equation. Table 3 shows the natural visibility values for each Class I
Area for the 20% worst days and 20% best days using the new IMPROVE
Equation and Natural Conditions II algorithm.
Table 3--Natural Visibility Values for the 20% Best Days and 20% Worst
Days Using the New IMPROVE Equation \11\
------------------------------------------------------------------------
20% Worst days 20% Best days
Class I area (dv) (dv)
------------------------------------------------------------------------
Hawaii Volcanoes NP..................... 7.2 2.2
Haleakala NP............................ 7.4 2.7
------------------------------------------------------------------------
[[Page 31699]]
---------------------------------------------------------------------------
\11\ S. Copeland, M. Pitchford, R. Ames, ``Regional Haze Rule
Natural Level Estimates Using the Revised IMPROVE Aerosol
Reconstruction Light Extinction Algorithm''; http://vista.cira.colostate.edu/improve/publications/graylit/032_NaturalCondIIpaper/Copeland_etal_NaturalConditionsII_Description.pdf.
---------------------------------------------------------------------------
The new IMPROVE equation takes into account the most recent review
of the science \12\ and accounts for the effect of particle size
distribution on light extinction efficiency of sulfate, nitrate, and
organic carbon (OC). It also adjusts the mass multiplier for OC
(particulate organic matter) by increasing it from 1.4 to 1.8. New
terms were added to the equation to account for light extinction by sea
salt and light absorption by gaseous nitrogen dioxide. Site-specific
values are used for Rayleigh scattering (scattering of light due to
atmospheric gases) to account for the site-specific effects of
elevation and temperature. Separate relative humidity enhancement
factors are used for small and large size distributions of ammonium
sulfate and ammonium nitrate and for sea salt. The terms for the
remaining contributors, EC (light-absorbing carbon), fine soil, and
coarse mass terms, do not change between the original and new IMPROVE
equations.
---------------------------------------------------------------------------
\12\ The science behind the revised IMPROVE equation is
summarized in our FIP TSD, in the TSD for Technical Products
Prepared by the WRAP in Support of Western Regional Haze Plans
(``WRAP TSD''), February 28, 2011, and in numerous published papers.
See for example: Hand, J.L., and Malm, W.C., 2006, Review of the
IMPROVE Equation for Estimating Ambient Light Extinction
Coefficients--Final Report. March 2006. Prepared for IMPROVE,
Colorado State University, Cooperative Institute for Research in the
Atmosphere, Fort Collins, Colorado, and Pitchford, Marc., 2006,
Natural Haze Levels II: Application of the New IMPROVE Algorithm to
Natural Species Concentrations Estimates. Final Report of the
Natural Haze Levels II Committee to the RPO Monitoring/Data Analysis
Workgroup. September 2006.
---------------------------------------------------------------------------
The natural visibility value estimations for 2064 do not include an
estimate of the visibility impairment from the emissions from the
Kilauea volcano, which is located in the Hawaii Volcanoes NP. The
emissions from the volcano vary from year to year, and it is not
possible to estimate the emissions from the volcano or the effect they
will have on Class I area visibility in the year 2064. Therefore, in
estimating natural conditions for purposes of this first planning
period, we have assumed that there will be no visibility impact from
the volcano.
2. Estimating Baseline Conditions
As required by section 51.308(d)(2)(i) of the Regional Haze Rule
and in accordance with our 2003 Natural Visibility Guidance, EPA
calculated baseline visibility conditions for Hawaii Volcanoes NP and
Haleakala NP. The baseline condition calculation begins with the
calculation of light extinction, using the IMPROVE equation. The
IMPROVE equation sums the light extinction \13\ resulting from
individual pollutants, such as sulfates and nitrates. As with the
natural visibility conditions calculation, EPA chose to use the new
IMPROVE equation.
---------------------------------------------------------------------------
\13\ The amount of light lost as it travels over one million
meters. The haze index, in units of deciviews, is calculated
directly from the total light extinction, bext expressed
in inverse megameters (Mm-1), as follows: HI = 10
ln(bext/10).
---------------------------------------------------------------------------
The period for establishing baseline visibility conditions is 2000
through 2004, and baseline conditions must be calculated using
available monitoring data. 40 CFR 51.308(d)(2). This FIP proposes to
use visibility monitoring data collected by IMPROVE monitors located in
the two Hawaii Class I areas for the years 2001 through 2004 and the
resulting baseline conditions represent an average for 2001 through
2004. A complete year of monitoring data was not available for 2000;
therefore, data from 2000 were not included in the baseline
calculations. Table 4 shows the baseline conditions for the two Class I
areas.
Table 4--Baseline Conditions on 20% Worst Days and 20% Best Days
------------------------------------------------------------------------
20% Worst days 20% Best days
Class I area (deciview) (deciview)
------------------------------------------------------------------------
Hawaii Volcanoes NP..................... 18.9 4.1
Haleakala NP............................ 13.3 4.6
------------------------------------------------------------------------
3. Summary of Baseline and Natural Conditions
To address the requirements of 40 CFR 51.308(d)(2)(iv)(A), EPA also
calculated the number of deciviews by which baseline conditions exceed
natural visibility conditions at each Class I area. Table 5 shows the
number of deciviews by which baseline conditions exceed natural
visibility conditions at each Class I area.
Table 5--Number of Deciviews by Which Baseline Conditions Exceed Natural
Visibility Conditions
------------------------------------------------------------------------
Class I area 20% Worst days 20% Best days
------------------------------------------------------------------------
Hawaii Volcanoes NP..................... 11.7 1.9
Haleakala NP............................ 5.8 1.9
------------------------------------------------------------------------
4. Uniform Rate of Progress
In setting the RPGs, EPA reviewed the IMPROVE data to analyze and
determine the URP needed to reach natural visibility conditions by the
year 2064. In so doing, the analysis compared the baseline visibility
conditions in each Class I area to the natural visibility conditions in
each Class I area (as described above) and determined the URP needed in
order to attain natural visibility conditions by 2064 in the two Class
I areas. The analysis constructed the URP consistent with the
requirements of the Regional Haze Rule and consistent with our 2003
Tracking Progress Guidance by plotting a straight line from the
baseline level of visibility impairment for 2000 through 2004 to the
level of visibility conditions representing no anthropogenic impairment
in 2064 for each Class I area. The URPs are summarized in Table 6. The
degree of improvement to meet the URP at these sites is 1.4 deciviews
at Haleakala NP and 2.7 deciviews at Hawaii Volcanoes NP.
[[Page 31700]]
Table 6--Summary of Uniform Rate of Progress for 20% Worst Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
Natural Total 2018 URP
Class I area Baseline visibility improvement URP (dv/year) visibility Improvement by
condition (dv) (dv) by 2064 (dv) level (dv) 2018 (dv)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Volcanoes NP..................................... 18.9 7.2 11.7 0.19 16.2 2.7
Haleakala NP............................................ 13.3 7.5 5.8 0.09 11.9 1.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Contribution Assessment According to IMPROVE Monitoring Data
The visibility and pollutant contributions on the 20% worst
visibility days for the baseline period (2000-2004) show variation
across the two Class I areas in Hawaii. Table 7 shows average data from
the IMPROVE monitors for 2001 through 2004.\14\ The table shows light
extinction from specific pollutants as well as total extinction, as
determined by the monitoring data. As stated above, these data provide
further detail regarding the variation across the two Class I areas in
Hawaii.
---------------------------------------------------------------------------
\14\ Additional data and information can be found at: http://views.cira.colostate.edu/web/DataFiles/SummaryDataFiles.aspx.
Table 7--Species-Specific Light Extinction for the 20% Worst Days, Determined from 2001-2004 Monitoring Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organic Elemental
Class I area Sulfate % Nitrate % carbon % carbon % Soil % Sea salt % Coarse mass %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Volcanoes NP (18.9 deciviews).... 90 1 4 1 1 1 1
Haleakala NP \15\ (13.3 deciviews)...... 61 9 10 5 1 4 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
The visibility on the 20% worst days was 18.9 deciviews at Hawaii
Volcanoes NP. Sulfate is the largest contributor to visibility
impairment at the park, with the volcano contributing substantially to
the impact. The visibility on the 20% worst days at Haleakala NP was
13.3 deciviews. Sulfate is the largest contributor to visibility
impairment at Haleakala NP, with the volcano contributing to the
impact, although to a lesser extent than at the Hawaii Volcanoes NP.
Nitrate from anthropogenic and natural sources contributes to 9% of the
visibility degradation at the park. Coarse mass also contributes to
about 9% of the visibility degradation at the park.
---------------------------------------------------------------------------
\15\ Data from the Haleakala Monitor (HALE1), located outside
Haleakala NP.
---------------------------------------------------------------------------
Organic carbon contributes to 10% and elemental carbon contributes
to 5% of the visibility impairment at the current monitoring site
(HALE1), which is located outside the park. However, more recent data
measured at the Haleakala Crater site (HACR1) site at the Haleakala
National Park Border shows lower concentrations of organic and
elemental carbon than the HALE1 monitoring site.16 17
---------------------------------------------------------------------------
\16\ Comparison of Haleakala National Park HALE1 and HACR1
IMPROVE Monitoring Site 2007-2008 Data Sets, March 30, 2012, State
of Hawaii, Department of Health, Clean Air Branch.
\17\ Review of VIEWS2.0 2009-2010 Haleakala National Park
Organic and Elemental Carbon Data, March 30, 2012, State of Hawaii,
Department of Health, Clean Air Branch.
---------------------------------------------------------------------------
C. Hawaii Emissions Inventories
1. Statewide Emissions Inventories
40 CFR 51.308(d)(4)(v) requires that EPA maintain a statewide
inventory of emissions of pollutants that are reasonably anticipated to
cause or contribute to visibility impairment in any mandatory Class I
Federal 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. The Regional Haze Rule does
not specify the baseline year for the inventory, but EPA has
recommended that 2002 be used as the inventory base year.\18\ 2002 is
generally appropriate as the baseline year for Regional Haze SIPs
because it corresponds with the 2000-2004 period for establishing
baseline visibility conditions, based on available ambient monitoring
data, pursuant to 40 CFR 51.308(d)(2)(i).
---------------------------------------------------------------------------
\18\ Memorandum from Lydia N. Wegman, ``2002 Base Year Emission
Inventory SIP Planning: 8-Hour Ozone, PM2.5 and Regional
Haze Programs'' (November 18, 2002).
---------------------------------------------------------------------------
For this first Hawaii Regional Haze implementation plan, Hawaii DOH
initially selected 2005 as their base year because it was the most
recent year with a full inventory when they began their technical
work.\19\ Since 2005 is not within the baseline period of 2000-2004,
EPA has performed a comparison of the aerosol composition of the 2005
data and 2001-2004 data for each Class I Area. This analysis showed
overall level and speciation of pollutants measured at the Class I area
monitors in 2005 was consistent with the overall level and speciation
of pollutants during the 2001-2004 baseline period. Since the measured
visibility-impairing pollution in 2005 was consistent with the baseline
years, it is reasonable to assume that the 2005 emissions were
sufficiently consistent with the exmissions in 2000-2004 for this year
to be used as the baseline for the Regional Haze Plan.\20\ Therefore,
we propose to use 2005 as the base year inventory.
---------------------------------------------------------------------------
\19\ Email from Priscilla Ligh, Hawaii DOH, to Gregg Nudd, EPA,
May 3, 2012.
\20\ Sections II.A.4 and II.B.4 of the FIP TSD.
---------------------------------------------------------------------------
The majority of the 2005, 2008, and 2018 inventories were derived
from a 2010 study conducted by Environ on behalf of the Hawaii DOH.\21\
The numbers developed by Environ were then refined and improved by HI
DOH.\22\ Between the time when the Environ Study was conducted and the
development of this proposed FIP, EPA finalized a new model for the
estimation of emissions from on-road vehicles. This
[[Page 31701]]
new model, MOVES, provides for a more accurate estimation of emissions
from these sources. EPA worked with the University of North Carolina
(UNC) and ICF International to develop a new emissions inventory for
on-road vehicles for Hawaii for the years 2005, 2008 and 2018.\23\
Tables 8 through 10 reflect these revised emissions numbers.
---------------------------------------------------------------------------
\21\ ``Final Emission Inventory Report: Data Population for Air
System for Hawaii Emissions Data (AirSHED),'' Environ International
Corporation, April 12, 2010.
\22\ See email from Priscilla Ligh, HI DOH to Greg Nudd, USEPA,
on November 18, 2011 and associated document: ``RevA Emissions
inventory response to EPA 11-17-11 for EPA.doc'' The document also
explains any differences between the Hawaii DOH numbers and the
emissions inventory in the National Emission Inventory for Hawaii.
\23\ Technical Analysis for Hawaii's Regional Haze FIP Report--
Task 16: On-Road Mobile Emissions Inventory, ICF International,
March 23, 2012.
---------------------------------------------------------------------------
EPA also worked with UNC and ICF to improve the 2018 emissions
estimates for marine sources. Environ used the best data available at
the time, but did not account for the impact of the economic recession
on marine vessel activity, and cruise ships in particular. In addition,
Environ did not take into account the impact of the North American
Emissions Control Area (NAECA). The United States Government, together
with Canada and France, established the NA ECA under the auspices of
Annex VI of the International Convention for the Prevention of
Pollution from Ships (MARPOL Annex VI), a treaty developed by the
International Maritime Organization. This ECA will require use of lower
sulfur fuels in ships operating within 200 nautical miles of the
majority of the U.S. and Canadian coastline, including the U.S. Gulf
Coast and Hawaii, beginning in August 2012. The ECA will result in
lower NOX and SO2 emissions from marine sources
in Hawaii. Therefore, UNC and ICF have updated the 2018 inventory to
include the benefits of the ECA. The 2018 marine emissions estimates in
Table 8 are based on this more recent work by UNC and ICF.\24\
---------------------------------------------------------------------------
\24\ ``Technical Analysis for Hawaii's Regional Haze FIP
Report--Task 16: Commercial Marine Inventory,'' ICF International,
April 2, 2012.
\25\ Nautical miles.
Table 8--Statewide Emissions Inventory for 2005
[Tons per year]
----------------------------------------------------------------------------------------------------------------
Source category NOX SO2 VOC PM NH3
----------------------------------------------------------------------------------------------------------------
Point Sources................... 22,745 27,072 2,695 3,536 12
Area Sources.................... 1,509 3,716 16,920 33,408 11,136
Windblown Dust.................. .............. .............. .............. 46,808 ..............
Wildfire........................ 2,156 591 4,729 9,771 540
Agricultural Burning............ 406 178 535 1,567 60
Other fire...................... 1 .............. 7 7 ..............
On-Road Mobile Sources.......... 20,642 321 12,066 638 1,085
Non-Road Mobile Sources......... 4,750 534 6,121 484 5
Aircraft........................ 1,541 135 262 165 ..............
In and Near Port Marine......... 2,572 2,201 92 183 ..............
Underway Marine (<30 nm \25\)... 3,052 1,418 117 215 ..............
Trains.......................... 5 .............. .............. .............. ..............
Volcano......................... .............. 961,366 .............. .............. ..............
Sea Spray....................... .............. .............. .............. 382,637 ..............
Biogenic........................ 4,617 .............. 130,153 .............. ..............
-------------------------------------------------------------------------------
Total....................... 63,996 997,532 173,697 479,419 12,838
Anthropogenic Total............. 59,379 36,166 43,544 96,782 12,838
----------------------------------------------------------------------------------------------------------------
Table 9--Statewide Inventory for Emissions 2008
[Tons per year]
----------------------------------------------------------------------------------------------------------------
Source category NOX SO2 VOC PM NH3
----------------------------------------------------------------------------------------------------------------
Point Sources................... 20,246 25,849 2,544 3,389 12
Area Sources.................... 1,166 15,767 18,025 34,917 11,275
Windblown Dust.................. .............. .............. .............. 46,808 ..............
Wildfire........................ 2,156 591 4,729 9,771 540
Agricultural Burning............ 406 178 535 1,567 60
Other fire...................... 1 .............. 8 7 ..............
On Road Mobile Sources.......... 14,239 97 8,526 547 1,124
Non Road Mobile Sources......... 4,573 78 4,912 422 5
Aircraft........................ 2,568 260 628 123 ..............
In and Near Port Marine......... 12,432 2,638 308 605 ..............
Underway Marine (<30 nm)........ 562 282 18 42 ..............
Trains.......................... 5 .............. .............. .............. ..............
Volcano......................... .............. 1,195,314 .............. .............. ..............
Sea Spray....................... .............. .............. .............. 382,637 ..............
Biogenic........................ 4,617 .............. 130,153 .............. ..............
-------------------------------------------------------------------------------
Total....................... 62,971 1,241,054 170,386 480,835 13,017
Anthropogenic Total............. 58,354 45,740 40,233 98,198 13,017
----------------------------------------------------------------------------------------------------------------
Table 10--Statewide Emissions Inventory for 2018
----------------------------------------------------------------------------------------------------------------
Source category NOX SO2 VOC PM NH3
----------------------------------------------------------------------------------------------------------------
Point Sources................... 28,594 36,212 4,157 5,052 13
[[Page 31702]]
Area Sources.................... 1,723 3,524 20,054 43,506 12,530
Windblown Dust.................. .............. .............. .............. 46,808 ..............
Wildfire........................ 2,156 591 4,729 9,771 540
Agricultural Burning............ 406 178 535 1,567 60
Other fire...................... 1 .............. 8 7 ..............
On Road Mobile Sources.......... 5,058 72 3,883 400 1,478
Non Road Mobile Sources......... 3,090 7 4,579 297 7
Aircraft........................ 1,920 167 466 194 ..............
In and Near Port Marine......... 2,097 117 92 50 ..............
Underway Marine (<30nm)......... 1,867 68 78 33 ..............
Trains.......................... 5 .............. .............. .............. ..............
Volcano......................... .............. 683,746 .............. .............. ..............
Sea Spray....................... .............. .............. .............. 421,222 ..............
Biogenic........................ 4,617 .............. 130,153 .............. ..............
-------------------------------------------------------------------------------
Total....................... 51,533 724,681 168,734 528,908 14,628
Anthropogenic Total............. 46,916 40,935 38,581 107,686 14,628
----------------------------------------------------------------------------------------------------------------
2. Review of the Emissions Inventory for Completeness and Accuracy
EPA has reviewed the methods used by Environ, the Hawaii Department
of Health and ICF in developing this inventory. We propose to find that
the best available emissions factors and activity data were used in
developing the emissions estimates. We also propose to find that the
inventory captures all of the emissions sources relevant to the
development of a Regional Haze Plan.
3. Assessment of the Emissions Inventory
There are a few important conclusions to draw from the 2005, 2008,
and 2018 statewide emissions inventories in Tables 8 through 10. First,
nonanthropogenic emissions are significant for SO2, VOC and
PM. As one can see from the tables above, the volcano dominates
statewide SO2 emissions. Emissions from the volcano comprise
over 96% of the SO2 emissions in 2005 and 2008. On days when
the volcano is erupting and the winds are carrying those emissions over
the Class I area monitors, these natural emissions will dominate the
measurements. Nonanthropogenic sources also comprise the majority of
VOC and PM emissions. Second, total statewide anthropogenic emissions
of NOX and VOC are decreasing. Human-made NOX
pollution is projected to be 21% lower in 2018 than in 2005. Human-made
VOC pollution is projected to decrease by 11%. These reductions are
primarily due to EPA regulations for on-road vehicles. Emissions from
cars and trucks are decreasing dramatically, even accounting for
economic and population growth. This is due to older, higher emitting
vehicles being replaced by ones with more modern air pollution
controls. NOX emissions in this category are projected to
decrease by over 15,000 tpy and VOC emissions by over 8,000 tpy between
2005 and 2018.
However, anthropogenic SO2 emissions are expected to
increase between 2005 and 2018, largely due to increased emissions from
point sources. The lower sulfur marine fuels required by the ECA are
expected to result in a 95% reduction in emissions from shipping, but
those reductions are overwhelmed by the increases from point source
emissions. The growth rate of point source emissions is very sensitive
to assumptions about future economic growth. The Environ report, from
which this data is derived, assumes robust economic growth between 2005
and 2018. Given the economic recession that began in late 2008 this
level of emission growth will likely over-predict future anthropogenic
emissions. Nevertheless, this is the best data available.
Our analysis of the monitoring data indicates that SO2
is the principal pollutant of concern for this planning period. See
section III.D below. The visibility impacts of NOX and VOC
emissions are of secondary importance. Id. The increase in
anthropogenic SO2 emissions indicates that additional
pollution reductions are needed to ensure reasonable progress toward
the goal of eliminating anthropogenic visibility impairment in Hawaii's
mandatory class I areas. Our proposal to achieve these reductions is
explained in section III.F of this notice.
D. Sources of Visibility Impairment in Hawaii Class I Areas
In order to determine the significant sources contributing to haze
in Hawaii's Class I areas, EPA relied upon the monitoring data from the
IMPROVE network and the emission inventory for the State of Hawaii. EPA
also reviewed the source apportionment analysis developed by Hawaii DOH
\26\ as well as the source apportionment analysis by the National
Oceanic and Atmospheric Administration (NOAA).\27\
---------------------------------------------------------------------------
\26\ Haleakala NP Visibility Assessment, Hawai'i Volcanoes NP
Visibility Assessment, and IMPROVE PMF Factor Identification notes
Positive Matrix Factorization Analysis of HALE1 & HAVO1 IMPROVE data
sets April 20, 2012, State of Hawaii, Department of Health, Clean
Air Branch.
\27\ M. Pitchford, ``Causes of Haze for Hawaii's Two Class I
Areas'', presented at United States Department of Agriculture,
Agricultural Air Quality Task Force Meeting, Wailea, Hawaii,
November 13 and 15, 2005.
---------------------------------------------------------------------------
Table 11, below, shows the percentage contribution of different
pollutant species to light extinction at the two Class I Areas in
Hawaii on the 20% Worst Days in 2001 to 2004.
[[Page 31703]]
Table 11--Species-Specific Light Extinction Determined From 2001-2004 IMPROVE Monitoring Data--20% Worst Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organic Elemental
Class I area Sulfate % Nitrate % carbon % carbon % Soil % Sea salt % Coarse mass %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Volcanoes NP..................... 90 1 4 1 1 1 1
Haleakala NP \28\....................... 61 9 10 5 1 4 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sulfate is the largest cause of visibility degradation on the 20%
worst days at both Haleakala NP and Hawaii Volcanoes NP. Natural causes
of sulfate include the emissions from the Kilauea volcano, located in
the Hawaii Volcanoes NP, and natural marine sulfates. The emissions and
impact of the volcano varies substantially from year to year. Source
apportionment assessments have estimated that the volcano causes
approximately 90% of the visibility impairment at Hawaii Volcanoes NP
and approximately 60% of the visibility impairment at Haleakala NP on
the 20% worst days. The natural marine sulfate impact is expected to be
much smaller.\29\ International transport may also contribute to sulfur
visibility impairment. Anthropogenic sources of sulfur include oil
combustion, and shipping.
---------------------------------------------------------------------------
\28\ Data from the HALE Monitor, located outside Haleakala NP.
\29\ Yvon and Saltzman 1996, Atmospheric Sulfur Cycling in the
Tropical Marine Boundary Layer. J. Geophys. Res. 101, 6911-6918.
---------------------------------------------------------------------------
Nitrate contributes 9% to the visibility degradation on the 20%
worst days at Haleakala. The major anthropogenic sources of nitrate on
Maui are point sources, on-road and non-road mobile sources, and
shipping. Nitrate contributes 1% to the visibility degradation on the
20% worst days at Hawaii Volcanoes NP.
Organic Carbon contributes to 10% of the visibility degradation at
the Haleakala (HALE1) monitor, which is located outside of the park. A
comparison of monitoring data at the Haleakala Crater (HACR1) IMPROVE
monitoring site at the Haleakala Site boundary shows approximately half
the level of organic carbon of the HALE1 site.\30\ Sources of organic
carbon include agricultural burning, oil combustion, and international
transport. Organic Carbon contributes 4% of the visibility degradation
at the Hawaii Volcanoes NP during the 2001-2004 time period, although
more recent data from 2005-2009 indicate that organic carbon
contributes to 1% of the visibility impairment for the 20% worst days.
---------------------------------------------------------------------------
\30\ Review of VIEWS2.0 2009-2010 Haleakala NP Organic and
Elemental Carbon Data, March 30, 2012, State of Hawaii, Department
of Health, Clean Air Branch, and Comparison of Haleakala NP HALE1
and HACR1 IMPROVE Monitoring Site 2007-2008 Data Sets, March 30,
2012, State of Hawaii, Department of Health, Clean Air Branch.
---------------------------------------------------------------------------
Elemental Carbon contributes to 5% of the visibility degradation at
the Haleakala (HALE1) monitor, which is located outside of the park. A
comparison of recent monitoring at the Haleakala Crater monitoring site
at Haleakala NP (HACR1) shows a lower level of elemental carbon of the
HALE1 site.
Coarse mass contributes to 9% of the visibility degradation at the
Haleakala (HALE1) monitor. The sources of coarse mass include fugitive
dust, international transport, and shipping. Soil contributes to 1% of
the visibility degradation at each of the Class I Areas. The soil
impact varies seasonally, with the highest levels in the springtime,
and appears to be associated with international transport.
EPA has evaluated the six particulate pollutants (ammonium sulfate,
ammonium nitrate, organic carbon (OC), elemental carbon (EC), fine soil
and coarse mass (CM)) that contribute to visibility impairment at
Hawaii's two mandatory Class I federal areas, and determined that the
first Regional Haze Plan RP evaluation should focus primarily on
significant sources of SO2 (sulfate precursor).
NOX (nitrate precursor) is a secondary concern.
The sources of coarse mass (CM) are uncertain because of emission
inventory limitations associated with natural sources (predominantly
wildfires) and uncertainty of fugitive (windblown) emissions. Because
of the difficulty in attributing the sources of visibility impairment
for this pollutant, EPA has determined that it is not reasonable in
this planning period to recommend emission control measures for coarse
mass. Coarse mass contribution to visibility impairment, emissions
sources, and potential control measures should be addressed in future
Regional Haze plan updates.
Because fine soil appears to be primarily attributable to
international transport, EPA has determined that it is not reasonable
in this planning period to recommend emission control measures for fine
soil. Although organic and elemental carbon contribute to base year
visibility impairment, recent monitoring at the Haleakala Crater
(HACR1) monitoring site and the Hawaii Volcanoes (HAVO1) show low
contributions to visibility impairment from organic and elemental
carbon.
E. Best Available Retrofit Technology Evaluation
1. Identification of BART-Eligible Sources
The first step of a BART evaluation is to identify all the BART-
eligible sources within the state's boundaries. In 2008, the Hawaii DOH
conducted a survey of the major sources in the state to identify which
sources were BART eligible. This survey was completed and certified by
the responsible official at each major source. Through that process,
the following facilities were identified as BART-eligible: Hawaiian
Commercial & Sugar Company (HC&S) Puunene facility, Chevron Refinery,
Tesoro Refinery, Hu Honua Bioenergy--Pepeekeo facility, Maui Electric
Company (MECO)--Kahului facility, Hawaii Electric Light Company (HELCO)
Kanoelehua Hill, Hawaiian Electric Company (HECO)--Waiau facility,
HECO--Kahe facility. We propose to determine that each of these
facilities is BART-eligible.
2. Identification of Sources Subject to BART
The second step of the BART evaluation is to identify those BART-
eligible sources that may reasonably be anticipated to cause or
contribute to any visibility impairment at any Class I area, i.e.,
those sources that are subject to BART. The BART Guidelines allow us to
consider exempting some BART-eligible sources from further BART review
because they may not reasonably be anticipated to cause or contribute
to any visibility impairment in a Class I area. We propose to use the
dispersion modeling that the Hawaii DOH's consultant performed.\31\
This modeling assessed the extent of each BART-eligible source's
contribution to visibility impairment at the Class I
[[Page 31704]]
areas, consistent with the BART Guidelines.
---------------------------------------------------------------------------
\31\ Subject-to-Best Available Retrofit Technology (BART)
Modeling for the State of Hawaii, Application of the CALPUFF
Modeling System, March 3, 2010, Alpine Geophysics, LLC.
---------------------------------------------------------------------------
a. Modeling Methodology
The BART Guidelines provide that we may use the CALPUFF \32\
modeling system or another appropriate model to predict the visibility
impacts from a single source on a Class I area and to, therefore,
determine whether an individual source is anticipated to cause or
contribute to impairment of visibility in Class I areas, i.e., ``is
subject to BART.'' The Guidelines state that we find CALPUFF is the
best regulatory modeling application currently available for predicting
a single source's contribution to visibility impairment (70 FR 39162
(July 6, 2005)).
---------------------------------------------------------------------------
\32\ Note that our reference to CALPUFF encompasses the entire
CALPUFF modeling system, which includes the CALMET, CALPUFF, and
CALPOST models and other pre and post processors. The different
versions of CALPUFF have corresponding versions of CALMET, CALPOST,
etc. which may not be compatible with previous versions (e.g., the
output from a newer version of CALMET may not be compatible with an
older version of CALPUFF). The different versions of the CALPUFF
modeling system are available from the model developer at http://www.src.com/calpuff/calpuff1.htm.
---------------------------------------------------------------------------
The BART Guidelines indicate that a modeling protocol be developed
for determining individual source attributions. The State of Hawaii's
contractor, Alpine Geophysics, developed a protocol, which was reviewed
by the State of Hawaii and EPA.\33\ Although the BART Guidelines
recommend use of a minimum of three years of mesoscale meteorological
model output for conducting this type of analysis, only one year (2005)
of mesoscale meteorological data was available at the time this
protocol was developed.\34\ Therefore, emissions were modeled over a
one-year period using the 2005 mesoscale meteorological data.\35\
Consistent with the BART Guidelines, this modeling was based on maximum
actual 24-hour emissions for each source. EPA believes that this
modeling provides a reasonable estimate of daily visibility impacts
above estimated natural conditions at each Class I area. Therefore, we
propose to use the results of this CALPUFF modeling to determine
whether each BART-eligible source has a significant impact on
visibility.
---------------------------------------------------------------------------
\33\ Subject-to-Best Available Retrofit Technology (BART) and
Reasonable Progress (RP) Prioritization Modeling Protocol for the
State of Hawaii Application of the CALPUFF Modeling System, November
30, 2009, Alpine Geophysics, LLC.
\34\ MM5 Application for 2005 Over the Hawaiian Islands,
prepared for Hawaii State Department of Health, Environmental
Management Division, Clean Air Branch Prepared by: Alpine
Geophysics, LLC.
\35\ Three years (2005, 2006, 2007) of MM5 data have since been
prepared for HECO. MM5 Meteorological Dataset Development for
Hawaii, Draft December 2008, JCA. EPA has not reviewed this
additional data, but may evaluate and consider this data for future
visibility actions.
---------------------------------------------------------------------------
b. Contribution Threshold
For the modeling to determine the applicability of BART to single
sources, the BART Guidelines note that the first step is to set a
contribution threshold to assess whether the impact of a single source
is sufficient to cause or contribute to visibility impairment at a
Class I area. The BART Guidelines state that, ``[a] single source that
is responsible for a 1.0 deciview change or more should be considered
to `cause' visibility impairment.'' 70 FR 39161, July 5, 2005. The BART
Guidelines also state that ``the appropriate threshold for determining
whether a source contributes to visibility impairment may reasonably
differ across states,'' but, ``[a]s a general matter, any threshold
that you use for determining whether a source `contributes' to
visibility impairment should not be higher than 0.5 deciviews.'' Id.
Further, in setting a contribution threshold, states or EPA should
``consider the number of emissions sources affecting the Class I areas
at issue and the magnitude of the individual sources' impacts.'' The
Guidelines affirm that states and EPA are free to use a lower threshold
if they conclude that the location of a large number of BART-eligible
sources in proximity to a Class I area justifies this approach.
For its analysis, Hawaii chose to use the recommended 0.5 deciview
threshold for subject-to-BART determination and RP prioritization. EPA
believes this threshold is appropriate, based on the number of sources
affecting the Class I areas and the magnitude of the individual sources
impacts. Therefore, we propose to use a contribution threshold of 0.5
deciviews for determining which sources are subject to BART.
c. Sources Identified by EPA as Subject to BART
The CALPUFF modeling analysis was performed to determine which
BART-eligible sources in Hawaii are subject to BART.\36\ The modeling
assessment looked at the HC&S Puunene facility, the Chevron Refinery,
the Tesoro Refinery, the Hu Honua Bioenergy--Pepeekeo facility, the
MECO--Kahului facility, the HELCO Kanoelehua Hill facility, the HECO--
Waiau facility, and the HECO--Kahe facility. The only facilities that
showed a 98th percentile (8th high) 24-hour average visibility impact
over the 0.5 delta deciview impact threshold were the Hu Honua
Bioenergy--Pepeekeo and the HELCO--Kanoelehua Hill facilities. Thus,
the Hu Honua Bioenergy--Pepeekeo and the HELCO--Kanoelehua Hill
facilities are subject to BART. The remaining facilities; HC&S Puunene
facility, the Chevron Refinery, the Tesoro Refinery, the MECO--Kahului
facility, the HECO--Waiau facility, and the HECO--Kahe facility are not
subject to BART.
---------------------------------------------------------------------------
\36\ Subject-to-Best Available Retrofit Technology (BART)
Modeling for the State of Hawaii, Application of the CALPUFF
Modeling System, Alpine Geophysics, LLC, 3 March 2010.
---------------------------------------------------------------------------
As shown in Table 12, EPA proposes to exempt six of the eight BART-
eligible sources in the State from further review under the BART
requirements. The visibility impacts attributable to each of these
sources fell below 0.5 deciviews. Our proposed contribution threshold
captures those sources responsible for most of the total visibility
impacts, while still excluding other sources with very small impacts.
The results of the CALPUFF modeling are summarized in Table 12.
Those facilities listed with demonstrated impacts at all Class I areas
less than 0.5 deciviews are proposed by EPA to not be subject to BART;
those with impacts greater than 0.5 deciviews are proposed by EPA to be
subject to BART.
Table 12--Individual BART-Eligible Source Visibility Impacts on Hawaii Class I Areas
----------------------------------------------------------------------------------------------------------------
Maximum 24-
hour 98th
percentile Subject to BART or
Source and unit Class I area visibility exempt
impact
(deciview)
----------------------------------------------------------------------------------------------------------------
HC&S Puunene facility Haleakala Hawaii Volcanoes............... 0.059 Exempt.
(Bagasse). 0.008
[[Page 31705]]
HC&S Puunene facility (Coal).. Haleakala Hawaii Volcanoes............... 0.133 Exempt.
0.039
Chevron Refinery.............. Haleakala Hawaii Volcanoes............... 0.021 Exempt.
0.016
Tesoro Refinery............... Haleakala Hawaii Volcanoes............... 0.025 Exempt.
0.017
Hu Honua Bioenergy--Pepeekeo Haleakala Hawaii Volcanoes............... 0.323 Subject to BART.
facility. 0.540
MECO--Kahului facility........ Haleakala Hawaii Volcanoes............... 0.232 Exempt.
0.108
HELCO Kanoelehua Hill......... Haleakala Hawaii Volcanoes............... 0.808 Subject to BART.
2.334
HECO--Waiau facility.......... Haleakala Hawaii Volcanoes............... 0.083 Exempt.
0.038
HECO--Kahe facility........... Haleakala Hawaii Volcanoes............... 0.221 Exempt.
0.132
----------------------------------------------------------------------------------------------------------------
The owner of the Hu Honua Bioenergy relinquished the facility's
existing permit on September 16, 2010 and the facility was issued a new
permit on August 31, 2011, which allows the facility to burn only non-
fossil fuels.\37\ Since the facility can no longer burn fossil fuels,
it is no longer BART-eligible and thus not subject to BART. Therefore,
the only subject-to-BART source in Hawaii is the HELCO Kanoelehua Hill
facility.
---------------------------------------------------------------------------
\37\ Letter from Stuart Yamada, Hawaii DOH, to John C. Silvia,
Hu Honua Bioenergy (August 31, 2011) attaching Covered Source Permit
(CSP) No. 0724-01-C and Covered Source Permit Review Summary.
---------------------------------------------------------------------------
3. BART Determination for Kanoelehua Hill
The third step of a BART evaluation is to perform the BART
analysis. The BART Guidelines (70 FR 39164 (July 6, 2005)) describe the
BART analysis as consisting of the following five steps:
Step 1: Identify All Available Retrofit Control
Technologies;
Step 2: Eliminate Technically Infeasible Options;
Step 3: Evaluate Control Effectiveness of Remaining
Control Technologies;
Step 4: Evaluate Impacts and Document the Results; and
Step 5: Evaluate Visibility Impacts.
In determining BART, the state, or EPA if implementing a FIP, must
consider the five statutory factors in section 169A of the CAA: (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. See also 40 CFR
51.308(e)(1)(ii)(A). The actual visibility impact analysis occurs
during steps 4 and 5 of the process.
As mentioned previously, the only source in Hawaii subject to BART
is the Kanoelehua Hill Generating Station (Hill) on the Island of
Hawaii (the Big Island). Specifically, there are two residual fuel oil-
fired boilers at this plant that are subject to BART (Hill 5 and Hill
6). Hill 5 is a 14 megawatt (MW) front-fired boiler. Hill 6 is a 21 MW
tangentially fired boiler. Both boilers currently burn residual oil
with a sulfur content not to exceed 2% by weight. Table 13 summarizes
the baseline emission rates and modeled visibility impact of these
sources. The annual emissions are based on 2009 operations because 2009
was the most current, complete year of data available when this
modeling was performed in 2010.
Table 13--Baseline Emissions and Visibility Impacts of Hill
------------------------------------------------------------------------
------------------------------------------------------------------------
SO2 emissions.................. tons per year [tpy]......... 2,778
NOX emissions.................. tpy......................... 735
PM emissions................... tpy......................... 70
Visibility impact on delta dv.................... 0.44
Haleakala.\38\
Visibility impact on Hawaii delta dv.................... 1.56
Volcanoes NP.
------------------------------------------------------------------------
Trinity Consulting, on behalf of HELCO, the plant operator,
performed a five-factor analysis for this plant.\39\ We have reviewed
this analysis and believe it adequately addresses the five BART
factors. Although the BART guidelines are not mandatory for Hill
because the plant's total generating capacity is less than 750
megawatts, the Trinity analysis is generally consistent with the
guidelines. Our analysis of the five factors is largely based on the
Trinity report.
---------------------------------------------------------------------------
\38\ These results from Trinity's modeling indicate a lower
impact than Alpine's modeling. However, even with Trinity's
modeling, the baseline impacts are high enough to make the source
subject to BART.
\39\ BART Five-Factor Analysis Prepared for Hawaiian Electric
Light Company, October 2010, Trinity Consultants.
---------------------------------------------------------------------------
a. BART for NOX and Particulate Matter (PM)
The Trinity report appropriately examined BART controls for
NOX and PM. However, due to the overwhelming contribution of
sulfate to visibility impairment at the nearby Hawaii
[[Page 31706]]
Volcanoes Class I area, it is unlikely that reductions in these
pollutants from Hill would have a measurable impact on visibility at
that area.
For PM, the Trinity report considered the following technologies:
Dry electrostatic precipitator (ESP), wet ESP, fabric filter, wet
scrubber, cyclone and fuel switching. Dry ESPs, cyclones and fabric
filters are not appropriate for the type of particulate emitted by this
plant. A wet scrubber would work, but these types of devices are better
suited to larger particulate than is emitted from an oil-fired boiler
and their control efficiency would be small. A wet ESP would have good
control efficiency and is technically feasible. Similarly, switching to
distillate fuel would be an effective and technically feasible control
for PM. Trinity estimated the cost effectiveness of a wet ESP as
$13,000 per ton of PM controlled. They estimated the cost effectiveness
of switching to distillate fuel as $170,000 per ton. Neither of these
controls would be cost effective for PM.
For NOX, the Trinity report considered both combustion
controls such as flue gas recirculation and low-NOX burners
as well as post-combustion controls such as selective catalytic
reduction (SCR). There were no technical barriers to implementing any
of these controls. The post-combustion controls were not found to be
cost effective. Low-NOX burners were found to be cost
effective by the Trinity report. However, given the monitoring data on
Hawaii, EPA finds that the emission reductions provided by low-
NOX burners is unlikely to provide a measurable visibility
benefit at Hawaii Volcanoes or Haleakala.
Based on our consideration of the five BART factors, EPA has
determined that no control for NOX and PM at the Hill plant
is consistent with BART, given the unique conditions in Hawaii.
NOX reductions may need to be pursued in future planning
periods as anthropogenic sulfates are reduced and nitrates become a
larger portion of anthropogenic visibility impairment.
b. BART for SO2
The principal visibility-impairing pollutant from the Hill Plant is
SO2. As explained above, sulfates are the largest component
of visibility impairment at Hawaii Volcanoes and at Haleakela, even on
the best days. The Hill Plant is by far the largest source of
anthropogenic SO2 emissions on the Big Island.
The Trinity report considered both flue gas desulfurization (FGD)
and fuel switching as possible controls. The report found that no other
oil-fired electric generating unit had installed FGD technology and due
to the lack of industry experience, the technology was infeasible. EPA
agrees that FGD technology is unproven for this application and concurs
with Trinity's decision to focus on fuel switching. However, the
Trinity analysis only looked at switching to distillate fuel oil.
Distillate fuel oil is substantially more expensive than residual fuel
oil and it provides less energy per gallon. As a result, it is not a
cost effective control measure.
EPA requested HECO to consider switching to lower sulfur residual
fuel oil, which would be a less expensive option. HECO responded with
its own cost effectiveness estimate.\40\ The lowest cost option,
residual fuel oil no more than 1% sulfur by weight, had a cost
effectiveness of between $6,677/ton and $7,363/ton.
---------------------------------------------------------------------------
\40\ Letter from Brenner Munger, Manager, Environmental
Department, Hawaiian Electric Company to Tom Webb, U.S. EPA Region
9, January 27, 2012.
---------------------------------------------------------------------------
EPA considered this cost estimate to be too high in light of
available market data and conducted our own analysis, which is
summarized in Table 14, below, and further explained in the TSD for
this action.
Table 14--Cost and Benefits of Switching to 1% Sulfur Fuel Oil
------------------------------------------------------------------------
------------------------------------------------------------------------
Baseline Weight % Sulfur [S]............................ 1.57
Baseline Fuel Consumption [gal/yr]...................... 18,650,604
Baseline Emissions [tons SO2/yr]........................ 2,344
New Fuel Weight % S..................................... 1.00
Cost Differential [$/gal]............................... 0.255
Controlled Emissions [tons SO2/yr]...................... 1,493
Annual Costs [$/yr]..................................... 4,755,904
Annual Emission Reductions [tons SO2/yr]................ 851
Cost Efficiency [$/ton SO2 reduced]..................... 5,587
------------------------------------------------------------------------
Based on this analysis, EPA estimates that requiring a switch to 1%
sulfur fuel oil would result in a reduction in SO2 emissions
of 851 tons per year and an increase in fuel costs of over $4.7
million/year. Thus, the cost effectiveness of this control option is
estimated to be approximately $5,600/ton. EPA contracted with the
energy economics consulting firm Energy Strategies to estimate the
impact of these increased fuel costs on electric rates.\41\ Based on
its analysis, these increased costs would translate into a roughly 1%
increase in retail electric rates on the Big Island.
---------------------------------------------------------------------------
\41\ Fuel Cost Screening Tool (r1 4-18-12), Energy Strategies
Incorporated, April 18, 2012.
---------------------------------------------------------------------------
The next factors to consider are: (2) The energy and non-air
quality environmental impacts of compliance; (3) any existing pollution
control technology in use at the source; and (4) the remaining useful
life of the source. There are no existing pollution controls at the
site for SO2. We have considered factors (2) and (4) in the
context of the Hawaii Clean Energy Initiative, a collaborative effort
by the State of Hawaii, the U.S. Department of Energy and various other
stakeholders. The Initiative's ultimate goal is meeting 70% of the
state's energy needs through energy efficiency and renewable energy by
2030. One of the key pieces of legislation aimed at achieving this goal
is Hawaii's 2009 Clean Energy Omnibus Bill (ACT 155 (09), HB 1464,
signed June 25, 2009). This statute calls for 30% reduction in the
state's energy use via efficiency and increases the state's renewable
portfolio standard to 40% by 2030. EPA contracted with UNC and ICF to
project the 2018 emissions of power plants considering the requirements
of the Clean Energy Omnibus Bill.\42\ These projections are compared to
the current 2018 projections based on the most recent Integrated
Resource Plan (IRP) for Hawaii electric utilities. This IRP predates
the 2009 bill and so does not account for its requirements. Table 15
compares the baseline emission projections for 2018, derived from the
current IRP and the projections that take into account the requirements
of the Clean Energy Bill.
---------------------------------------------------------------------------
\42\ Email from Juanita Haydel, ICF Corporation to Greg Nudd,
EPA Region 9, April 4, 2012, with spreadsheet titled: ``Hawaii
Emissions Values--Revised--040412--FTC.xlsx.''
[[Page 31707]]
Table 15--Range of 2018 Emissions Projections for Hill
[Tons per year]
------------------------------------------------------------------------
2018 SO2 2018 SO2
emissions emissions
-------------------------------
Clean energy
IRP bill
------------------------------------------------------------------------
Kanoelehua Hill Generating Station...... 3,264 765
------------------------------------------------------------------------
The projections based on the goals of the Clean Energy Bill assume
that the energy conservation and renewable energy goals will be met in
a more or less even fashion year to year. So, by 2018, most of these
projects will be in place. This is a fairly optimistic scenario, but it
gives some insight into the impact of the Clean Energy Bill. By 2018,
Hill is projected to be operating at a significantly lower capacity
factor and/or burning biofuels with much less sulfur. Although the
resulting reductions in sulfur emissions are not enforceable
requirements, they suggest that SO2 emissions from Hill may
decrease even in the absence of any BART requirements. This analysis
also indicates that at least some of the units at Hill may be coming to
the end of their useful life within the next 20 years.
The final factor to consider is the visibility benefits of
controls. Under the BART Guidelines, the improved visibility in
deciviews from installing controls is determined by using the CALPUFF
air quality model. CALPUFF, generally, simulates the transport and
dispersion of emissions, and the conversion of SO2 to
particulate sulfate and NOX to particulate nitrate, at a
rate dependent on meteorological conditions and background ozone
concentration. These concentrations are then converted to delta
deciviews by the CALPOST post-processor. The CALPUFF modeling system is
available and documented at EPA's Model Distribution Web page.\43\
---------------------------------------------------------------------------
\43\ EPA's Model Distribution Web page available at: http://www.epa.gov/ttn/scram/dispersion_prefrec.htm#calpuff.
---------------------------------------------------------------------------
The ``delta deciviews'' for control options estimated by the
modeling represents a BART source's impact on visibility at the Class I
areas under different control scenarios. Each modeled day and location
in the Class I area will have an associated delta deciviews for each
control option. For each day, the model finds the maximum visibility
impact of all locations (i.e., receptors) in the Class I area. From
among these daily values, the BART Guidelines recommend use of the 98th
percentile, for comparing the base case and the effects of various
controls.
In its BART analysis for Hill, Trinity modeled the lower emission
rates associated with lower sulfur fuels and estimated the following
visibility benefits. The delta deciview (delta dv) impact from Hill
decreased from 1.56 for baseline conditions to 1.05 when burning the 1%
sulfur fuel, which represents an approximately 0.5 dv benefit.
Taking into consideration all of these factors, we propose to
determine that BART for Hill is no additional controls. In particular,
although we consider 0.5 dv to be a significant improvement in
visibility, we do not believe it justifies the imposition of a control
with a cost effectiveness of approximately $5,600/ton in this case. We
are particularly concerned about unduly increasing electricity rates in
Hawaii, given that these rates are already three times the national
average according to the Energy Information Agency.\44\ Therefore, we
propose to determine that no BART controls be required for Hill.
---------------------------------------------------------------------------
\44\ http://205.254.135.7/state/state-energy-rankings.cfm?keyid=18&orderid=1.
---------------------------------------------------------------------------
Nonetheless, as explained below, our reasonable progress analysis
shows that some additional SO2 controls are needed on the
Big Island in order to protect against degradation of visibility and
that Hill may be an appropriate source for such SO2
reductions.
F. Reasonable Progress Goals for Hawaii
In determining if reasonable progress is being made, states, or EPA
if implementing a FIP, are required to consider the following factors
established in section 169A of the CAA and in our Regional Haze Rule at
40 CFR 51.308(d)(1)(i)(A): (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 (``the four RP factors''). Once
these factors have been considered, the typical method for determining
if a state is making reasonable progress is to use meteorological and
air quality computer models to predict the visibility at Class I areas
for the end of the planning period (2018). Those modeling results are
then assessed to ensure that visibility is not degrading on the best
days and that it is improving on the worst days at a reasonable rate,
taking into consideration the relevant statutory factors, as well as
the base period visibility conditions and the goal of zero
anthropogenic visibility impairment by 2064.
In the case of Hawaii, though, a different method of determining
reasonable progress is required. As explained above in sections III.C.1
and III.D, the dominant cause of visibility impairment at Hawaii's
Class I areas is sulfate compounds and over 96% of the sulfate
emissions in Hawaii are from the volcano. However, because the volcanic
eruptions vary greatly from year to year with no discernible pattern,
it is impossible to predict future volcanic emissions. The emissions
vary by hundreds of thousands of tons per year. As a result, there is
little value in attempting to model visibility at the Class I areas in
2018.
1. Identification of Pollutants for Reasonable Progress
EPA has evaluated the six particulate pollutants (ammonium sulfate,
ammonium nitrate, organic carbon (OC), elemental carbon (EC), fine soil
and coarse mass (CM)) that contribute to visibility impairment at
Hawaii's two mandatory Class I federal areas. Sulfate is the primary
cause of visibility impairment at each of Hawaii's Class I Areas, and
EPA has determined that the first Regional Haze Plan RP evaluation
should focus primarily on significant sources of SO2
(sulfate precursor). NOX (nitrate precursor) is a secondary
concern, as it contributes to 9% of the visibility degradation on the
20% worst days at Haleakala.
Coarse mass contributes to 9% of the visibility degradation at
Haleakala, and is also of concern. However, the sources of coarse mass
(CM) are uncertain because of emission inventory limitations associated
with natural sources (predominantly wildfires) and uncertainty of
fugitive (windblown) emissions. Because of the difficulty in
attributing the sources of visibility impairment for this pollutant,
EPA has
[[Page 31708]]
determined that it is not reasonable in this planning period to
recommend emission control measures for coarse mass. Coarse mass
contribution to visibility impairment, emissions sources, and potential
control measures should be addressed in future Regional Haze plan
updates.
Because fine soil appears to be primarily attributable to
international transport, EPA is proposing to determine that it is not
reasonable in this planning period to recommend emission control
measures for fine soil. Although organic and elemental carbon
contribute to base year visibility impairment, recent monitoring at the
Haleakala Crater (HACR1) monitoring site and the Hawaii Volcanoes
(HAVO1) site show low contributions to visibility impairment from
organic and elemental carbon.
2. Determining Reasonable Progress Through Island-Specific Emissions
Inventories
Due to the absence of modeling to project visibility at Hawaii's
Class I areas in 2018, EPA is focusing its reasonable progress analysis
on reducing anthropogenic emissions of visibility-impairing pollution.
As explained in section III.D above, the key anthropogenic pollutants
of concern are SO2 and NOX, especially
SO2. We looked at trends in emissions of anthropogenic
SO2 and NOX in order to judge if reasonable
progress is being achieved.
Rather than use a full statewide inventory to judge reasonable
progress, we focused on the inventories for the islands where the Class
I areas are located: Maui and the island of Hawaii (``the Big
Island''). Population, economic activity and therefore anthropogenic
emissions in the State of Hawaii are concentrated on the island of
Oahu. But, as explained below, our analysis indicates that those
emissions do not significantly impair visibility at the Class I areas.
Prevailing winds at the Honolulu Airport on Oahu are from the east-
north-east.\45\ The prevailing winds on Maui are from the
northeast.\46\ The Class I areas are south and east of Oahu. Therefore,
these trade winds tend to transport pollution from Oahu away from the
Class I areas. In addition, modeling performed to estimate the
visibility impact of currently operating individual sources of
pollution on the Class I areas in the state indicates that even very
large sources on Oahu have relatively small visibility impacts on
Haleakela.\47\
---------------------------------------------------------------------------
\45\ See prevailing winds data from the Western Regional Climate
Center (http://www.wrcc.dri.edu/htmlfiles/westwinddir.html#HAWAII).
\46\ Ibid.
\47\ See Table VII-1 of the FIP TSD.
---------------------------------------------------------------------------
Given these modeling results and the prevailing winds in Oahu and
Maui for this planning period, we have focused our RP analysis on the
islands that contain the Class I areas. Tables 16 and 17 show the
emission inventories for the islands of Maui and Hawaii.\48\
---------------------------------------------------------------------------
\48\ See Emissions Inventory chapter of the FIP TSD for
information on the development of these inventories.
Table 16--Maui Anthropogenic Emissions Inventory
----------------------------------------------------------------------------------------------------------------
2005 Inventory 2018 Inventory
Source category ---------------------------------------------------------------
NOX SO2 NOX SO2
----------------------------------------------------------------------------------------------------------------
Point........................................... 4,492 4,559 4,597 4,625
Nonpoint........................................ 462 481 548 571
On-Road Mobile.................................. 2,957 47 758 10
Non-Road Mobile................................. 496 57 305 2
Aircraft........................................ 310 27 376 33
Agricultural Burning............................ 298 132 298 132
Wildfires....................................... 52 14 52 14
in/near port Marine............................. 699 569 836 32
---------------------------------------------------------------
Total....................................... 9,765 5,887 7,770 5,420
----------------------------------------------------------------------------------------------------------------
Table 17--Hawaii (Big Island) Anthropogenic Emissions Inventory
----------------------------------------------------------------------------------------------------------------
2005 Inventory 2018 Inventory
Source category ---------------------------------------------------------------
NOX SO2 NOX SO2
----------------------------------------------------------------------------------------------------------------
Point........................................... 1,036 4,551 1,736 5,266
Nonpoint........................................ 1,849 808 1,882 872
On-Road Mobile.................................. 3,217 53 839 11
Non-Road Mobile................................. 784 95 428 1
Aircraft........................................ 177 18 207 21
Agricultural Burning............................ 2 0 2 0
Wildfires....................................... 1,712 469 1,712 469
in/near port Marine............................. 537 418 546 20
---------------------------------------------------------------
Total....................................... 9,314 6,412 7,352 6,661
----------------------------------------------------------------------------------------------------------------
3. Four Factor Analysis for NOX Sources on Maui and the Big
Island
As shown in tables 16 and 17, mobile sources (on-road, non-road,
aircraft and marine) constitute the largest fraction of base-year
emissions on both islands (48%). The NOX emissions from
these categories are projected to drop by over 7,100 tpy between 2005
and 2018. These decreases are largely attributable to a dramatic
reduction in emissions from on-road mobile sources, resulting from the
replacement of older, higher emitting vehicles with new vehicles that
must meet more stringent standards under the Clean Air Act. In addition
to these requirements for on-road sources, EPA regulations also require
newer non-
[[Page 31709]]
road and marine mobile sources to meet stricter control requirements.
Collectively, these federal mobile source requirements will result in
substantial NOX reductions over the course of the first
planning period.
Point sources, and in particular electric utility units, also
comprise a significant portion of NOX emissions on both
islands. However, considering the costs of compliance, the projected
20% net reduction in NOX emissions from existing regulations
and the small contribution of nitrates to visibility impairment, EPA
does not consider it reasonable to require additional NOX
controls for point sources in this planning period.
The two remaining anthropogenic NOX emissions sources on
the islands are agricultural burning and wildfires. EPA has evaluated
the monitoring data for the Class I areas and determined that there is
no evidence that agricultural burning is significantly affecting
visibility at the Class I areas.\49\ Wildfires have been included in
the anthropogenic emissions inventory because Hawaii DOH and EPA have
not been able to determine if the fires had natural causes or not.
However, imposing restrictions on wildfires would not have any
appreciable effect, since they are, by definition, not intentional.
---------------------------------------------------------------------------
\49\ See FIP TSD Sections II.A., II.B, and III.B.
---------------------------------------------------------------------------
In sum, taking into consideration the four RP factors and the
relatively small contribution of NOX to visibility
impairment at Hawaii's Class I areas, we propose not to require any
additional NOX controls for this implementation period.
4. Four Factor Analysis for SO2 Emissions on Maui
Our analysis shows that existing requirements under the Clean Air
Act will result in net reductions of anthropogenic emissions of
SO2 on Maui during this first planning period. So it is
reasonable to assume that the visibility at Haleakala on the best days
is not getting worse. Similarly, with this drop in emissions, it is
reasonable to assume that the visibility on the worst days will
improve.
a. Mobile Source SO2 Emissions on Maui
Mobile source SO2 emissions on Maui (on-road, non-road,
aircraft and marine) are expected to decrease by 89% under current
regulations, primarily as a result of reductions in marine emissions
due to the ECA. This control measure is in addition to the benefits of
fleet turnover as described above in the discussion of NOX.
Given the existing benefits from the ECA and the fleet turnover
benefits that take into account the four factors, we propose to
determine that no additional SO2 reductions from mobile
sources on Maui are needed in order to show reasonable progress.
b. Point Source SO2 Emissions on Maui
Point Sources comprise 77% of the SO2 emissions on Maui
and are expected to increase slightly by 2018. However, this increase
is more than offset by the reduction in SO2 from mobile
source emissions. The principal point sources on Maui are the Kahului
Power Plant and the Maalaea Power Plant, neither of which are BART-
eligible. Maalea is downwind of the Class I area and its SO2
emissions are not expected to impact visibility at Haleakala.
Prevailing winds should also transport emissions from Kahului away from
Haleakala. However, CAlPUFF modeling indicates that this facility has a
visibility impact of 0.667 deciviews at Haleakala.\50\ While this
modeling is based on conservative assumptions that are unlikely to
occur during normal operations, we believe this level of modeled impact
is sufficient to warrant further scrutiny of this source under the four
reasonable progress factors.
---------------------------------------------------------------------------
\50\ Subject-to-Best Available Retrofit Technology (BART)
Modeling for the State of Hawaii, Application of the CALPUFF
Modeling System, March 3, 2010, Alpine Geophysics, LLC. This modeled
impact is higher than the BART modeling for this source due to
inclusion of additional non-BART-eligible units.
Table 18--Maui Point Source Emissions
----------------------------------------------------------------------------------------------------------------
2005 2018
---------------------------------------------------------------
NOX SO2 NOX SO2
----------------------------------------------------------------------------------------------------------------
MECO--Kahului Power Plant....................... 536 3,198 542 3,233
Maalaea Generating Station...................... 3,255 913 3,291 923
HC & S--Puunene Sugar Mill...................... 617 424 760 469
Ameron Hawaii Camp 10 Quarry.................... 4 0 4 0
Maui Pineapple Co............................... 80 24
---------------------------------------------------------------
Total....................................... 4,492 4,559 4,597 4,625
----------------------------------------------------------------------------------------------------------------
The first RP factor is costs of compliance. HECO (the electric
utility) performed a detailed analysis of the cost of reducing
SO2 emissions at the Hill as part of the BART analysis for
that source.\51\ EPA reviewed and largely concurred with the results of
that analysis. As with Hill, the most cost-effective control measure at
Kahului would be to reduce the amount of sulfur in the fuel. However,
even that method is expensive. The lowest cost method for reducing
SO2 emissions at these plants is to switch to a fuel with no
more than 1% sulfur by weight. To estimate the total cost of the
converting this plant to 1% fuel oil and estimate the impact of those
costs on electric rates, EPA developed a base case scenario derived
from 2009 operating conditions.\52\ This analysis, which is summarized
in Table 19 below and further explained in our FIP TSD, indicates that
the cost effectiveness of this control is approximately $4,200 per ton
of SO2 reduced.
---------------------------------------------------------------------------
\51\ BART Five-Factor Analysis Prepared for Hawaiian Electric
Light Company, October 2010, Trinity Consultants.
\52\ 2009 was selected because it was consistent with the year
used in the BART analysis for Hill. It is also a year where the
actual capacity factors for the electric plants on the Big Island
were comparable to the 4-year average.
[[Page 31710]]
Table 19--Costs and Benefits From Switching to 1% Sulfur Fuel Oil
------------------------------------------------------------------------
Kahului
------------------------------------------------------------------------
Baseline Weight % S..................................... 1.57
Baseline Fuel Consumption [gal/yr]...................... 19,790,111
Baseline Emissions [tons SO2/yr]........................ 2,489
New Fuel Weight % S..................................... 1.00
Cost Differential [$/gal]............................... 0.190
Controlled Emissions [tons SO2/yr]...................... 1,586
Annual Costs [$/yr]..................................... 3,760,121
Annual Emission Reductions [tons SO2/yr]................ 904
Cost Efficiency [$/ton SO2 reduced]..................... 4,160
------------------------------------------------------------------------
The second RP factor is the time necessary for compliance. The
switch to a lower sulfur residual fuel oil than is currently being
burned does not require any capital investment or construction, but it
does require time to get new fuel contracts into place with the new
sulfur limits. It may take time for the fuel suppliers to secure the
new fuel and it will take time for the current fuel inventory to be
consumed.
The third and fourth RP factors are the energy and non-air quality
impacts of control measures and the remaining useful life of the
source. EPA considered these factors in the context of the Hawaii Clean
Energy Initiative that sets the goal of 70% clean energy by 2030. The
Initiative includes the 2009 Clean Energy Omnibus Bill (ACT 155 (09),
HB 1464, signed June 25, 2009). This statute calls for 30% reduction in
energy use via efficiency and increases the renewable portfolio
standard to 40% by 2030. EPA contracted with UNC and ICF to project the
2018 emissions of power plants considering the requirements of the
Clean Energy Omnibus Bill. These projections are compared to the
current 2018 projections based on the most recent Integrated Resource
Plan (IRP) for Hawaii electric utilities. This IRP predates the 2009
bill and so does not account for its requirements. Table 20 compares
the baseline emission projections for 2018, derived from the current
IRP and the projections that take into account the goals of the Clean
Energy Bill.
Table 20--Range of 2018 Emissions Projections for Key Power Plants on Maui
----------------------------------------------------------------------------------------------------------------
2018 SO2 Emissions 2018 SO2 Emissions
-------------------------------------------------
IRP Clean Energy Bill
----------------------------------------------------------------------------------------------------------------
Kahului Power Plant........................................... 2,822 0
Maalaea Generating Station.................................... 923 591
----------------------------------------------------------------------------------------------------------------
The projections based on the goals of the Clean Energy Bill assume that
the energy conservation and renewable energy goals will be met in a
more or less even fashion year to year. So, by 2018, most of these
projects will be in place. Under this scenario, Kahului will cease
operations by 2018 and Maalaea will operate at a significantly lower
capacity factor and/or burn biofuels that contain much less sulfur than
their current fuel.
c. Conclusion of Reasonable Progress Analysis for SO2
Emissions on Maui
Based on the foregoing analysis for the four RP factors, we propose
to determine that it is not reasonable to require additional
SO2 controls for point sources on Maui in this planning
period. In addition, as mentioned above, electric utility rates in
Hawaii are over three times the national average. Furthermore, mobile
source SO2 emissions are projected to decrease significantly
on Maui, mostly due to the ECA. The net result is that overall
SO2 emissions are projected to decrease on Maui by nearly
8%. EPA proposes to find that this is a reasonable reduction for this
planning period. Therefore, based on our consideration of the four RP
factors, EPA proposes to determine that this level of emissions
reduction is reasonable for this planning period.
5. Four Factor Analysis for SO2 Emissions on the Big Island
(Hawaii)
Unlike on Maui, EPA projects that, without additional controls,
SO2 emissions on the Big Island will increase by 3.9%
between 2005 and 2018. As noted above, SO2 is the key
anthropogenic visibility-impairing pollutant at both of Hawaii's Class
I areas. Therefore, we propose to determine that additional
SO2 control measures are needed on the Big Island in order
to ensure reasonable progress toward the national goal of no
anthropogenic visibility impairment.
a. Mobile Source SO2 Emissions on the Big Island (Hawaii)
Mobile source emissions of SO2 on the Big Island are
projected to drop 91% under existing regulations, driven primarily by
reductions in marine emissions due to the ECA. This control measure is
in addition to the benefits of fleet turnover as described above in the
discussion NOX. Given the existing benefits from the ECA and
the fleet turnover benefits and taking into account the four reasonable
progress factors, EPA proposes to determine that no additional
SO2 reductions from mobile sources on the Big Island are
needed in order to show reasonable progress during this first planning
period.
b. Point Source SO2 Emissions on the Big Island (Hawaii)
Point sources account for roughly 71% of the anthropogenic
SO2 emissions on the Big Island. See Table 17 above.
Virtually all of these emissions come from electric power plants. See
Table 21 below. Therefore, EPA considered all of the power plants on
the Big Island as candidates for additional controls.
[[Page 31711]]
Table 21--Hawaii (Big Island) Point Source Emissions
----------------------------------------------------------------------------------------------------------------
2005 2018
---------------------------------------------------------------
NOX SO2 NOX SO2
----------------------------------------------------------------------------------------------------------------
HELCO--Kanoelehua Hill Generating Station....... 514 2,822 595 3,264
HELCO--Puna Power Plant......................... 241 1,345 279 1,556
HELCO--Keahole Power Plant...................... 154 157 178 182
HELCO--Shipman Power Plant...................... 38 222 28 166
Pepeekeo Power Plant/9-16-10 Hu Honua Bioenergy. .............. .............. 420 78
Tradewinds Forest Products, LLC................. .............. .............. 133 15
HELCO--Waimea Power Plant....................... 89 5 103 5
---------------------------------------------------------------
Total....................................... 1,036 4,551 1,736 5,266
----------------------------------------------------------------------------------------------------------------
Because of their relatively low emission rates and distance from the
Class I areas, EPA eliminated the Keahole and Waimea Power Plants and
the Hu Honua Bioenergy facility. Due to their emission rates and
positions close to and upwind of Hawaii Volcanoes NP, Hill, Shipman and
Puna are the focus of the review. Alpine Geophysics estimated the
visibility impact of these plants using the CalPUFF computer model. The
results are summarized in Table 22.
Table 22--Modeled Visibility Impacts of Key Power Plants on Hawaii
------------------------------------------------------------------------
Visibility Impact [delta dv]
-------------------------------
HAVO HALE
------------------------------------------------------------------------
HELCO--Kanoelehua Hill Generating 2.334 0.808
Station................................
HELCO--Puna Power Plant................. 1.594 0.358
HELCO--Shipman Power Plant.............. 0.777 0.321
------------------------------------------------------------------------
These plants were also modeled with the same conservative assumptions
as Kahului. The results for Hill and Puna indicate that these plants
may be causing visibility impairment at Hawaii Volcanoes. In addition,
the results indicate that Hill may be contributing to impairment at
Haleakala and Shipman may be contributing to visibility impairment at
Hawaii Volcanoes. Therefore, we further analyzed each of these plants
in relation to the four RP factors.
The first RP factor to consider is the cost of compliance. HECO
(the electric utility) performed a detailed analysis of the cost of
reducing SO2 emissions at Hill as part of the BART analysis
for that source.\53\ EPA reviewed and largely concurred with the
results of that analysis. As described previously, the most cost-
effective control measure is to reduce the amount of sulfur in the
fuel. This is also true for Shipman and Puna. Table 23 provides the
full cost/benefit calculation for the Big Island sources. Based on this
analysis, EPA estimates that the cost effectiveness of this control is
approximately $5,500 per ton of SO2 reduced for sources on
the Big Island.
---------------------------------------------------------------------------
\53\ BART Five-Factor Analysis Prepared for Hawaiian Electric
Light Company, October 2010, Trinity Consultants.
Table 23--Costs and Benefits from Switching to 1% Sulfur Fuel Oil
----------------------------------------------------------------------------------------------------------------
Hill Shipman Puna
----------------------------------------------------------------------------------------------------------------
Baseline Weight % S............................................. 1.57 1.57 1.57
Baseline Fuel Consumption [gal/yr].............................. 18,650,604 2,241,876 9,930,648
Baseline Emissions [tons SO2/yr]................................ 2,344 282 1,249
New Fuel Weight % S............................................. 1.00 1.00 1.00
Cost Differential [$/gal]....................................... 0.255 0.255 0.255
Controlled Emissions [tons SO2/yr].............................. 1493 180 796
Annual Costs [$/yr]............................................. $4,755,904 $571,678 $2,532,315
Annual Emission Reductions [tons SO2/yr]........................ 851 102 454
Cost Efficiency [$/ton SO2 reduced]............................. $5,587 $5,583 $5,583
-----------------------------------------------
Total Annual Cost........................................... $7,859,89 .............. ..............
Total Annual Emissions Reduction............................ 1,407 .............. ..............
----------------------------------------------------------------------------------------------------------------
In Table 23, most of the assumptions are the same as in Table 19,
but the cost differential is a bit higher due to the extra transport
costs. We added 0.065 $/gal to the estimate for a total of 0.255 $/gal.
The 0.065 $/gal estimate is derived from the six-year (2006-2011) cost
differential between residual fuel oil delivered to Maui and the same
oil delivered to the Big Island.
With these assumptions, EPA estimates an annual increase in fuel
[[Page 31712]]
costs of over $7.9 million/year. EPA contracted with the energy
economics consulting firm Energy Strategies to estimate the impact of
these increased fuel costs on electric rates.\54\ Based on its
analysis, these increased costs would translate into a roughly 2%
increase in retail electric rates on the Big Island. This impact is
higher than just controlling Hill alone because applying the controls
to all three sources of concern would result in higher fuel costs for
the system. The benefit of this change would be a reduction in
SO2 emissions of at least 1,400 tons per year.
---------------------------------------------------------------------------
\54\ Fuel Cost Screening Tool (r1 4-18-12), Energy Strategies
Incorporated, April 18, 2012.
---------------------------------------------------------------------------
The second factor to consider is the time necessary for compliance.
The considerations here are the same as for Maui.
The third and fourth factors to consider are the energy and non-air
quality impacts of control measures and the remaining useful life of
the source. As part of our consideration of these two factors, EPA is
taking into account the anticipated results of the Clean Energy Bill
described above. Table 24 compares the emission projections for 2018
based on the IRP and the projections that take into account the goals
of the Clean Energy Bill.\55\
---------------------------------------------------------------------------
\55\ Clean Energy Bill estimates from Email from Juanita Haydel,
ICF Corporation to Greg Nudd, U.S. EPA Region 9, April 4, 2012, with
spreadsheet titled: ``Hawaii Emissions Values--Revised--040412--
FTC.xlsx''.
Table 24--Range of 2018 Emissions Projections for Key Power Plants on
the Big Island
[Tons per year]
------------------------------------------------------------------------
2018 SO2 2018 SO2
emissions emissions
-------------------------------
Clean Energy
IRP Bill
------------------------------------------------------------------------
HELCO--Kanoelehua Hill Generating 3,264 765
Station................................
HELCO--Puna Power Plant................. 1,566 365
HELCO--Shipman Power Plant.............. 166 0
------------------------------------------------------------------------
Under the Clean Energy Bill scenario, Shipman is projected to cease
operations by 2018 and Hill and Puna are projected to be operating at a
significantly lower capacity factor and/or burning biofuels with a much
lower sulfur content than their current fuel. However, as noted above,
these projections are based on optimistic assumptions about
implementation of the Clean Energy Bill. In addition, these
requirements are not federally enforceable. Therefore, we cannot rely
upon these projected reductions to demonstrate reasonable progress.
c. Conclusion of Reasonable Progress Analysis for SO2
Emissions on the Big Island (Hawaii)
In summary, without further control, emissions of SO2 on
the Big Island are projected to increase by nearly 4% between 2005 and
2018. Therefore, additional, federally enforceable SO2
reductions are needed on the Big Island to ensure reasonable progress.
EPA has identified the fuel oil-fired boilers at Hill, Shipman and Puna
as appropriate sources for further control because they are upwind of
the Hawaii Volcanoes NP, have high SO2 emissions and lack
modern pollution controls. Based on our analysis of the four RP
factors, EPA believes that the SO2 control measure for these
sources should be structured so that it can be achieved through
increased energy efficiency and increased reliance on renewable energy.
Therefore, EPA is proposing to cap total emissions at the fuel oil-
fired boilers at Hill, Shipman and Puna at 3,550 tons of SO2
per year, beginning in January 1, 2018. This cap was derived from EPA's
analysis of the costs of switching these units to 1% sulfur fuel as
shown in Table 23 and is equivalent to a reduction of 1,400 tons of
SO2 per year from the total projected 2018 emissions from
these units. EPA is structuring this control requirement to allow HECO
to minimize costs. If HECO implements the Hawaii Clean Energy Bill on
schedule, it should be able to meet this cap with no additional costs
to the ratepayers. If the cap has to be met with a lower sulfur fuel
oil, HECO should be able to meet this cap at a cost of roughly $7.9
million/year. We are taking the other three factors into account by
structuring the control requirement to be consistent with the State's
goals for energy conservation and reduced dependence on fossil fuels.
Once this control measure is in place, total SO2 emissions
on Big Island will decrease by at least 17% in the first planning
period. Considering the four factors as shown above, the EPA considers
this reduction to constitute reasonable progress toward the goal of
eliminating anthropogenic visibility impairment at the Class I areas.
d. Benefits of the Emission Control Area on Emissions from In Transit
Marine Vessels
In addition to reducing emissions from ships in and near ports, the
ECA also significantly reduces emissions from ships traveling from
port-to-port. The projected effect of the ECA on this category of
marine emissions is shown in Table 25. EPA considered this as
supplemental information when determining whether reasonable progress
is being made with existing regulations.
Table 25--Benefits of the ECA From In Transit Shipping Within 150 km of the Class I Areas
----------------------------------------------------------------------------------------------------------------
2005 2018
Class I area ---------------------------------------------------------------
NOX SO2 NOX SO2
----------------------------------------------------------------------------------------------------------------
Haleakala....................................... 2,740 2,610 3,419 141
Hawaii Volcanoes................................ 566 530 447 15
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[[Page 31713]]
6. Reasonable Progress Goals--2018 Visibility Projections
As explained above, there is no modeling available for this
planning period that can reliably predict the change in visibility due
to changes in the emission inventory for all sources (shipping, mobile
sources, point sources, etc.).\56\ In the absence of reliable
visibility modeling for 2018, EPA is using the island-specific
inventories as a surrogate for judging whether reasonable progress is
being made.
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\56\ As described above, there is acceptable modeling for point
sources for the BART and the reasonable progress analysis for point
sources.
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In order to show how the future emission changes may affect the
aerosol levels in each of the Class 1 areas, EPA estimated the effect
that the changes in the island-specific inventories for NOX
and SO2 will have on the levels of nitrate and sulfate for
each of the Class 1 areas. The details of this analysis are set forth
in the TSD.
At Hawaii Volcanoes NP, the projected visibility for 2018 is
slightly worse without the proposed FIP control measures. With the
proposed FIP control measure, there is a slight improvement in
visibility conditions compared to the year 2005 for both the 20% best
and 20% worst days. At Haleakala NP, there is a slight improvement in
visibility conditions compared to the year 2005 for both the 20% best
and 20% worst days.
7. Visibility Improvement Compared to URP and Number of Years to Reach
Natural Conditions
The amount of improvement needed to achieve the URP for 2018 at
Haleakala NP is 1.38 delta deciview. Based on the projections of
visibility, discussed above, the amount of improvement by 2018 would be
0.29 delta deciview. This would result in a 2018 level of visibility of
13.0 deciview at Haleakala.
The amount of improvement needed to achieve the URP for 2018 for
Hawaii NP is 2.73 delta deciview. Based on the projections of
visibility, discussed above, the amount of improvement by 2018 would be
0.18 delta deciview. This would result in a 2018 level of visibility of
18.7 deciview.
Therefore, the URP will not be met at either NP. Based on our
analysis of the four reasonable progress factors above, we propose to
determine that the rate of progress for the implementation plan to
attain natural conditions by 2064 is not reasonable and that our
progress goals are reasonable.
EPA has calculated the number of years it would take to reach
natural conditions, based on the rate of visibility improvement in this
first planning period. Because the baseline conditions include the
effect of the emissions from the volcano, the calculation of number of
years to reach natural conditions by control of anthropogenic emission
does not represent a realistic scenario in this case. Based on the
projected rate of improvement at Haleakala of 0.021 deciview per year,
natural conditions would be met in 280 years. Based upon the projected
rate of improvement at Hawaii Volcanoes NP, natural conditions would be
met in over 800 years. If the volcano stops erupting, natural
conditions would be met significantly sooner.
G. Long-Term Strategy
1. Interstate Consultation Requirement
Pursuant to 40 CFR 51.308(d)(3)(i), if a state has emissions that
are reasonably anticipated to contribute to visibility impairment in
any mandatory Class I Federal area located in another state or states,
each of the relevant states must consult with the other(s). Hawaii lies
approximately 2,390 miles southwest of the Continental United States
and has been included by EPA in the regional haze program, ``because of
the potential for emissions from sources within [its] borders to
contribute to regional haze impairment in Class I areas also located
within [Hawaii's] own jurisdiction,'' 64 FR at 35720 (emphasis added).
Therefore, we propose to determine that emissions from Hawaii are not
reasonably anticipated to contribute to visibility impairment in any
mandatory Class I Federal area located in another state or states. We
also propose to determine that no emissions from any other state are
reasonably anticipated to contribute to visibility impairment in either
of Hawaii's mandatory Class I Federal areas.
The Regional Haze Rule also requires any state that has
participated in a regional planning process, to ``ensure it has
included all measures needed to achieve its apportionment of emission
reduction obligations agreed upon through that process'' and to
demonstrate the technical basis for this apportionment. 40 CFR
51.308(d)(3)(ii) and (iii). As noted above, both EPA and the state of
Hawaii participated in the WRAP. The WRAP did not identify any
obligation for emission reductions on the part of Hawaii. Therefore, we
propose to determine that no additional emissions reductions are
necessary in Hawaii to meet the progress goal for any mandatory Class I
Federal area outside of Hawaii.
2. Identification of Anthropogenic Sources of Visibility Impairment
Pursuant to 40 CFR 51.308(d)(3)(iv), States are required to
identify all anthropogenic sources of visibility impairment considered
in developing the long-term strategy, including major and minor
stationary sources, mobile sources, and area sources. As explained in
section III.C above, we have considered each of these categories in
developing our long-term strategy.
3. Other Long Term-Strategy Requirements
The RHR requires that a state consider the following factors in
developing an LTS: (a) Emission reductions due to ongoing air pollution
control programs, including measures to address RAVI; (b) measures to
mitigate the impacts of construction activities; (c) emissions
limitations and schedules for compliance to achieve the RPG; (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 LTS. 40 CFR
51.308(d)(3)(v). We address each of the factors below.\57\
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\57\ Our analysis of these factors relies in part on work
performed by our contractors, UNC and ICF, which is summarized in a
document entitled, ``Technical Analysis for Arizona and Hawaii
Regional Haze FIPs: Task 17: Information and Analysis to Support
Hawaii's Long-Term Strategy'' (April 13, 2012) (hereinafter ``Hawaii
LTS Report''). The Hawaii LTS Report is available in the docket for
this action.
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a. Emissions Reductions Due to Ongoing Air Pollution Programs
Our LTS incorporates emission reductions due to a number of ongoing
air pollution control programs.
i. Prevention of Significant Deterioration Rules
One of the primary regulatory tools for addressing visibility
impairment from industrial sources under the Act is the Prevention of
Significant Deterioration (PSD) program. The PSD requirements apply to
new major sources and major sources making a major modification in
attainment areas.\58\ Among other things, the PSD
[[Page 31714]]
permit program is designed to protect air quality and visibility in
Class 1 Areas by requiring best available control technology (BACT) and
involving the public in permit decisions. EPA has promulgated a PSD FIP
for Hawaii to address the CAA's PSD requirements. See 40 CFR 52.632(b)
(``PSD FIP''). DOH has been delegated authority to implement this FIP
since 1983. The FIP provides procedures, including requirements for
input from the relevant FLM, for considering potential visibility
impacts to Class I areas from new major stationary source or major
modifications of existing major stationary sources. See 40 CFR
52.21(p)(1).
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\58\ Nonattainment New Source Review (NSR) requirements apply to
new major sources and major sources making major modifications in
nonattainment areas. Hawaii has no nonattainment areas at this time
and therefore the nonattainment NSR requirements are not relevant.
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ii. Reasonably Attributable Visibility Impairment Rules
EPA has promulgated a FIP for Hawaii, which incorporates the
provisions of 40 CFR 52.26, 52.27, 52.28, 52.29, to address RAVI in
Hawaii. See 40 CFR 52.633. There have been no certifications of RAVI in
the Hawaii Class I areas, nor are any Hawaii sources affected by the
RAVI provisions at this time.
iii. On-going Implementation of Federal Mobile Source Rules
Mobile source NOX and SO2 emissions are
expected to decrease in Hawaii from 2002 to 2018, due to several
existing federal mobile source regulations. As shown in Table 26, these
rules will result in significant reductions in NOX and
SO2 emissions from both on road and non-road mobile sources.
Table 26--Statewide Inventory of NOX and SO2 Emissions From On-Road and Non-Road Mobile Sources: 2005, 2008 and 2018 59
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 2008 2018
Source category -----------------------------------------------------------------------------------------------
NOX SO2 NOX SO2 NOX SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
On-Road Mobile Sources.................................. 20,642 321 14,239 97 5,058 72
Non-Road Mobile Sources................................. 4,750 534 4,573 78 3,090 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
iv. North American Emissions Control Area
An additional air pollution control program that will limit
emissions of visibility-impairing pollutants in Hawaii is the North
American Emissions Control Area (NA ECA). The United States Government,
together with Canada and France, established the NA ECA under the
auspices of Annex VI of the International Convention for the Prevention
of Pollution from Ships (MARPOL Annex VI), a treaty developed by the
International Maritime Organization. This ECA will require use of lower
sulfur fuels in ships operating within 200 nautical miles of the
majority of the U.S. and Canadian coastline, including the U.S. Gulf
Coast and Hawaii, beginning in August 2012. The ECA is expected to
significantly reduce both NOX and SO2 emissions
from marine sources in Hawaii during the first implementation period.
These reductions are reflected in Table 27.
Table 27--Statewide Inventory of NOX and SO2 Emissions From Marine Sources: 2005, 2008 and 2018 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 2008 2018
Source category -----------------------------------------------------------------------------------------------
NOX SO2 NOX SO2 NOX SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
In and Near Port Marine................................. 2,572 2,201 12,432 2,638 2,097 117
Underway Marine (<30nm)................................. 3,052 1,418 562 282 1,867 68
--------------------------------------------------------------------------------------------------------------------------------------------------------
b. Measures to Mitigate the Impacts of Construction Activities
Potential sources of emissions from construction activities include
exhaust from fuel-burning equipment on the site; vehicles working on
the site, delivering materials, and hauling away excavate; employee
vehicles; and fugitive dust from exposed earth, material stockpiles,
and vehicles on roadways, especially unpaved site accesses. These
activities can result in emissions of NOX, SOX,
particulate matter (PM10 and PM2.5 from engine
exhaust and as fugitive dust from roadways and material handling) and
primary organic aerosols.\61\
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\59\ Excerpted from FIP TSD Table III-3.
\60\ Excerpted from FIP TSD Table III-3.
\61\ See Hawaii LTS Report, Sec. Sec. 2.2.
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Hawaii DOH regulates emissions of air pollutants, including
construction emissions, under Chapter 11-60.1 of Hawaii Administrative
Rules (HAR). These rules generally prohibit the emission of any
``regulated air pollutant'' without the written approval of DOH. HAR
Sec. 11-60.1-2.\62\ ``Regulated air pollutant'' is defined to include,
among other things, NOX, VOCs and ``any air pollutant for
which a national or state ambient air quality standard has been
promulgated'' (e.g., SO2, PM10 and
PM2.5). HAR Sec. 11-60.1-2.\63\ Fugitive dust emissions are
specifically regulated under HAR Sec. 11-60.1-33,\64\ which requires
the use of ``reasonable precautions'' to mitigate the impacts of
visible fugitive dust. ``Fugitive dust'' is defined as ``the emission
of solid airborne particulate matter from any source other than
combustion.'' HAR Sec. 11-60.1-1.
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\62\ The Hawaii SIP currently contains an earlier version of
this rule, HAR Sec. 11-60-17. See 40 CFR 52.620(c) (2011). EPA has
proposed to replace the old rule with HAR Sec. 11-60.1-2. See 77 FR
25111 (April 27, 2012).
\63\ The Hawaii SIP currently contains an earlier version of
this rule, HAR Sec. 11-60-1. See 40 CFR 52.620(c) (2011). EPA has
proposed to replace the old rule with HAR Sec. 11-60.1-1. See 77 FR
25111 (April 27, 2012).
\64\ The Hawaii SIP contains an earlier version of this rule,
HAR Sec. 11-60-26. See 40 CFR 52.620(c) (2011).
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[[Page 31715]]
In addition to fugitive dust, another potential source of
visibility-impairing pollutants from construction activities is fuel-
burning construction equipment and vehicles. Emissions from
construction equipment are reflected in the non-road mobile source
category of the Hawaii Emissions Inventory,\65\ while emissions from
trucks and other construction-related vehicles are reflected in the on-
road category.\66\ As described in section III.C above, statewide
NOX and SO2 from the on-road and non-road mobile
source categories are expected to decrease significantly between 2005
and 2018, as new federal mobile source regulations are implemented. In
addition to the federal mobile source regulations, emissions from motor
vehicles are regulated under HAR Sec. 11-60.1-34.\67\
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\65\ ``Final Emission Inventory Report: Data Population for Air
System for Hawaii Emissions Data (AirSHED)'', Environ International
Corporation, (April 12, 2010) (hereinafter ``Environ Inventory'')
Appendix D, Figures 2, 3 and 4.
\66\ ``Technical Analysis for Hawaii's Regional Haze FIP
Report--Task 16: On-Road Mobile Emissions Inventory'', ICF
International, March 23, 2012.
\67\ The Hawaii SIP currently contains an earlier version of
this rule, HAR Sec. 11-60-25. See 40 CFR 52.620(c) (2011). EPA has
proposed to replace the old rule with HAR Sec. 11-60.1-34. See 77
FR 25111 (April 27, 2012).
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Given the significant decreases in this category expected from
ongoing pollution control measures, we propose that no additional
measures are needed to mitigate the impact of construction activities
during this time period. However, as noted above, coarse mass
contributes to 9% of the visibility degradation on the 20% worst days
and 17% on the 20% best days at Haleakala. It is unknown how much of
this coarse mass derives from fugitive dust emissions. Therefore, for
the next planning period, a detailed study of the source contribution
to coarse mass and soil measured at the Haleakala Crater Class 1 area
monitors is needed. Depending on the results of this study, further
regulation of fugitive dust emissions, including construction
emissions, may be appropriate.
c. Emission Limitations and Schedules for Compliance
As explained above, we are proposing to place a 3,550 tpy cap on
SO2 emissions from the residual fuel-fired boilers at Hill,
Shipman and Puna on the Big Island, which represents a 1,400 tpy
reduction from the 2018 projected emission from these units. We propose
that this emission limit, together with the ongoing requirements
described above, will be sufficient to meet the RPGs for the first
implementation period.
d. Sources Retirement and Replacement Schedules
In order to assess potential source retirements and replacements
during the first implementation period, our contractor, ICF, reviewed
the last set of Integrated Resource Plans (IRPs) for HECO and its
subsidiaries. In its IRP, HECO indicated that Wauai Units 3 and 4 would
be placed into emergency reserve or retired in 2011 and 2014,
respectively. HELCO, MECO, and Kauai Island Utility Cooperative (KIUC)
had no plans to retire any of their units in their last IRP.\68\
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\68\ Technical Analysis for Arizona and Hawaii Regional Haze
FIPs: Task 17: Information and Analysis to Support Hawaii's Long-
Term Strategy University of North Carolina at Chapel Hill, ICF
International, April 13, 2012.
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It should be noted, however, that existing state legislation and
voluntary measures by the Hawaiian utilities are likely to result in
further reductions in oil-fired electricity generating units in Hawaii
by 2018. In particular, Hawaii's current Renewable Portfolio Standard
(RPS) requires each electric utility company in the state to achieve
the following percentages of renewable electrical energy sales:
10% of its net electricity sales by December 31, 2010;
15% of its net electricity sales by December 31, 2015;
25% of its net electricity sales by December 31, 2020; and
40% of its net electricity sales by December 31, 2030.\69\
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\69\ HRS Sec. 269-92.
Although the Hawaii RPS is a state law and is not federally
enforceable, it is likely to result in significant reductions in
SO2 and NOX emissions over the next twenty years,
as existing fossil fuel-fired generation is replaced with renewables.
In addition, as part of the Hawaii Clean Energy Initiative, the
State of Hawaii, Division of Consumer Advocacy of the Department of
Commerce & Consumer Affairs, and the Hawaiian Electric Companies have
entered into an ``Energy Agreement'', which includes an extensive list
of renewable energy commitments and related provisions.\70\ Among other
things, the Agreement provides that, ``the utilities will `retire' the
older and less efficient fossil-fired firm capacity generating units by
removing such units from normal daily operating service as
expeditiously as possible.'' \71\ Although this is not a federally
enforceable requirement, we expect that the output of the utilities'
existing oil-fired units will decrease over the period of the first
implementation period and will be replaced by renewable energy
generation.
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\70\ ``Energy Agreement Among the State of Hawaii, Division of
Consumer Advocacy of the Department of Commerce & Consumer Affairs,
and Hawaiian Electric Companies.'' (Oct. 2008) (hereinafter ``Energy
Agreement'').
\71\ Section 11 of the Energy Agreement.
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e. Agricultural and Forestry Smoke Management Techniques
Hawaii's agricultural fire emissions come from crop waste
combustion of over roughly 30,000 acres of sugarcane, which is
cultivated mostly on Maui. Burn permits are required under HAR Sec.
11-60.1-53 \72\ and records must be kept in accordance with such
permits under HAR Sec. 11-60.1-56.\73\ While there is no smoke
management plan as such, widespread and persistent haze conditions are
used as a criterion for establishment of a ``no-burn'' period by Hawaii
DOH. See HAR Sec. 11-60.1-55.\74\ Given our focus on SO2 as
the dominant visibility-impairing pollutant for this implementation
period, and our finding that there is no evidence of agricultural
burning contributing to haze at Class I areas,\75\ we propose to
determine that no further controls on agricultural burning or forest
fires are reasonable at this time.
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\72\ The Hawaii SIP currently contains an earlier version of
this rule, HAR Sec. 11-60-19. See 40 CFR 52.620(c) (2011). EPA has
proposed to replace the old rule with HAR Sec. 11-60.1-53. See 77
FR 25111 (April 27, 2012).
\73\ The Hawaii SIP currently contains an earlier version of
this rule, HAR Sec. 11-60-22. See 40 CFR 52.620(c) (2011). EPA has
proposed to replace the old rule with HAR Sec. 11-60.1-56. See 77
FR 25111 (April 27, 2012).
\74\ The Hawaii SIP contains an earlier version of this rule,
HAR Sec. 11-60-21. See 40 CFR 52.620(c) (2011).
\75\ See FIP TSD Sections II.A, II.B and III.B.
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f. Enforceability of Control Measures
40 CFR 51.308(d)(3)(v)(F) of the Regional Haze Rule requires us to
ensure that emission limitations and control measures used to meet RPGs
are enforceable. As described above, we are proposing that cumulative
SO2 emissions from the residual fuel fired boilers at the
Hill, Shipman and Puna plants be limited to 3,550 tons per year (tpy)
(rolling 12-month average). We propose that enforceability of this
control measure will be ensured through the following measurement,
recordkeeping and reporting requirements:
The sources will be required to measure the sulfur content (weight
percent), heat value (million British thermal units per gallon (MMBtu/
gal)) and total gallons of fuel burned at each of the affected units.
Based on these
[[Page 31716]]
parameters, the SO2 emissions for each unit will be
calculated on a monthly basis, then the rolling 12-month average of the
total emissions for all units will be calculated. All of this
information must be recorded and these records must be maintained for
at least five years. In addition, all of this information must be
reported to Hawaii DOH and EPA on an annual basis. Finally, any
exceedance of the 3,550 tpy cumulative emission limit for these 5 units
must be reported to Hawaii DOH and EPA within 30 days.
g. Anticipated Net Effect on Visibility Due to Projected Changes in
Point, Area, and Mobile Source Emissions over the next 10 years
As described above, total statewide anthropogenic emissions of
NOX and VOC are projected to decrease between 2005 and 2018.
However, anthropogenic SO2 emissions are expected to
increase between 2005 and 2018, largely due to increased emissions from
point sources.
Our analysis of the monitoring data indicates that visibility
impacts of SO2 emissions are of greater concern in Hawaii's
Class I areas than the impacts of either NOX or VOC. The
increase in anthropogenic SO2 emissions indicates that some
additional pollution reductions are needed to ensure reasonable
progress toward the goal of eliminating anthropogenic visibility
impairment in Hawaii's mandatory class I areas. Our proposal to achieve
these reductions is explained in section III.F.5 of this notice.
H. Coordination of RAVI and Regional Haze Requirements
Our visibility regulations direct states to coordinate their RAVI
LTS and monitoring provisions with those for regional haze, as
explained in section IV.G, above. Under our RAVI regulations, the RAVI
portion of a state SIP must address any integral vistas identified by
the FLMs pursuant to 40 CFR 51.304. See 40 CFR 51.302. An integral
vista is defined in 40 CFR 51.301 as a ``view perceived from within the
mandatory Class I federal area of a specific landmark or panorama
located outside the boundary of the mandatory Class I federal area.''
Visibility in any mandatory Class I Federal area includes any integral
vista associated with that area. The FLMs did not identify any integral
vistas in Hawaii. In addition, there have been no certifications of
RAVI in the Hawaii Class I areas, nor are any Hawaii sources affected
by the RAVI provisions.
Because Hawaii has not submitted a SIP to address RAVI, EPA
previously promulgated a FIP for Hawaii, which incorporates the
provisions of 40 CFR 52.26, 52.27, 52.28, 52.29 to address RAVI. We
propose to find that the Regional Haze FIP appropriately supplements
and augments EPA's FIP for RAVI visibility provisions by updating the
monitoring and LTS provisions to address regional haze. We discuss the
relevant monitoring provisions further below.
I. Monitoring Strategy
40 CFR 51.308(d)(4) requires that the FIP contain a monitoring
strategy for measuring, characterizing, and reporting regional haze
visibility impairment that is representative of all mandatory Class I
Federal areas within the state. This monitoring strategy must be
coordinated with the monitoring strategy required in 40 CFR 51.305 for
RAVI. As 40 CFR 51.308(d)(4) notes, compliance with this requirement
may be met through participation in the IMPROVE network. 40 CFR
51.308(d)(4)(i) further requires the establishment of any additional
monitoring sites or equipment needed to assess whether RPGs to address
regional haze for all mandatory Class I Federal areas within the state
are being achieved. Consistent with EPA's monitoring regulations for
RAVI and regional haze, EPA will rely on the IMPROVE network for
compliance purposes, in addition to any RAVI monitoring that may be
needed in the future. Further information on monitoring methods and
monitor locations can be found in the docket.76 77 The most
recent report also can be found in the docket.\78\ Therefore, we
propose to find that we have satisfied the requirements of 40 CFR
51.308(d)(4) enumerated in this paragraph.
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\76\ ``Visibility Monitoring Guidance,'' EPA-454/R-99-003, June
1999, http://www.epa.gov/ttn/amtic/files/ambient/visible/r-99-003.pdf.
\77\ ``Guidance for Tracking Progress Under the Regional Haze
Rule,'' EPA-454/B-03-004, September 2003, available at http://www.epa.gov/ttncaaa1/t1/memoranda/rh_tpurhr_gd.pdf. Figure 1-2
shows the monitoring network on a map, while Table A-2 lists Class I
areas and corresponding monitors.
\78\ ``Spatial and Seasonal Patterns and Temporal Variability of
Haze and its Constituents in the United States,'' Report V, ISSN
0737-5352-87, June 2011.
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Currently there are two IMPROVE monitoring sites operating in or
near the Haleakala NP. The Haleakala (HALE1) IMPROVE monitoring site is
located outside of the Haleakala NP near the Maui Central Valley, at an
elevation of 1153 meters. The HALE1 IMPROVE monitoring site began
operation at end of 2000, and will end operation in May, 2012. The
Haleakala Crater (HACR1) IMPROVE monitoring site is at the park's
Western boundary, at an elevation of 2158 meters. The HACR1 IMPROVE
monitoring site began operation in 2007. In this proposal, EPA is
proposing to use monitoring data from the HALE1 monitoring site as a
basis for establishing baseline visibility, because the HACR1 site was
not yet in operation for the base year time period of 2000-2004. Future
regional haze planning efforts need to be based on data collected at
the HACR1 site.
Hawaii DOH has prepared two reports comparing the two IMPROVE
monitoring sites at Haleakala NP,\79\ including a detailed comparison
of organic and elemental carbon data at the two sites.\80\ The reports
find that the most significant difference between data measured at the
two sites appears to be that the HALE1 site has higher levels of
organic and elemental carbon. The levels of the other species are
generally lower at the HACR1 IMPROVE monitoring site than at the HALE1
monitoring site. The reports conclude that, based on the available
data, the HACR1 IMPROVE monitoring site is more representative of
visibility conditions within the Haleakala NP than the HALE1 IMPROVE
monitoring site.
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\79\ Comparison of Haleakala NP HALE1 and HACR1 IMPROVE
Monitoring Site 2007-2008 Data Sets, March 30, 2012, State of
Hawaii, Department of Health, Clean Air Branch.
\80\ Review of VIEWS2.0 2009-2010 Haleakala National Park
Organic and Elemental Carbon Data, March 30, 2012, State of Hawaii,
Department of Health, Clean Air Branch.
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J. Federal Land Manager Consultation and Coordination
Under section 169A(d) of the Clean Air Act, we are required to
consult with the appropriate FLM(s) before holding a public hearing on
the Hawaii Regional Haze FIP. We must also include a summary of the
FLMs' conclusions and recommendations in this notice. Both EPA and
Hawaii DOH have consulted informally with the FLMs throughout the
development of the Hawaii Regional Haze FIP. Most recently, we
consulted with the FLMs by phone on March 26 and April 5, 2012.
In addition, 40 CFR 51.308(i)(4) specifies the regional haze FIP
must provide procedures for continuing consultation with the FLMs on
the implementation of the visibility protection program required by 40
CFR subpart P, including development and review of implementation plan
revisions and 5-year progress reports, and on the implementation of
other programs having the potential to contribute to impairment of
visibility in mandatory Class I Federal areas. We intend to continue to
consult with the FLMs
[[Page 31717]]
regarding all aspects of the visibility protection program and we
encourage Hawaii to do the same.
IV. Proposed Action
EPA is proposing to establish an emissions cap of 3,550 tons of
SO2 per year from the fuel oil-fired boilers at Hill,
Shipman and Puna, beginning in January 1, 2018. This represents a
reduction of 1,400 tons per year from the total projected 2018 annual
emissions of SO2 from these facilities. We propose to
determine that this control measure, in conjunction with SO2
and NOX emissions control requirements that are already in
place, will ensure that reasonable progress is made during this first
planning period toward the national goal of no anthropogenic visibility
impairment by 2064 at Hawaii's two Class I areas.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011). The proposed Hawaii Regional Haze
FIP requires implementation of emissions controls for SO2 on
specific units at three sources. Since EPA is proposing direct emission
controls on selected units at only three sources, the Hawaii Regional
Haze FIP is not a rule of general applicability.
B. Paperwork Reduction Act
This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Under the Paperwork Reduction Act, a ``collection of
information'' is defined as a requirement for ``answers to * * *
identical reporting or recordkeeping requirements imposed on ten or
more persons. * * * '' 44 U.S.C. 3502(3)(A). Because the proposed FIP
applies to just three facilities, the Paperwork Reduction Act does not
apply. See 5 CFR 1320(c).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
The OMB control numbers for our regulations in 40 CFR are listed in 40
CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this proposed action on
small entities, I certify that this proposed action will not have a
significant economic impact on a substantial number of small entities.
The three sources in question are electric generating plants that are
owned by the Hawaii Electric Light Company, Inc. (HELCO), which is an
electric utility subsidiary of HECO. Pursuant to 13 CFR 121.201,
footnote 1, an electric utility firm is small if, including its
affiliates, it is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and its total electric
output for the preceding fiscal year did not exceed 4 million megawatt
hours (MWH). In the fiscal year ended December 31, 2011, HELCO
generated or purchased a total of 1,186.6 MWH.\81\ Therefore, it is not
a small business.
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\81\ Hawaiian Electric Industries, Inc. and Hawaiian Electric
Company, Inc., Form 10-K for the fiscal year ended December 31, 2011
``Generation Statistics.''
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D. Unfunded Mandates Reform Act (UMRA)
This rule does not contain a Federal mandate that may result in
expenditures that exceed the inflation-adjusted UMRA threshold of $100
million by State, local, or Tribal governments or the private sector in
any 1 year. Thus, this rule is not subject to the requirements of
sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
The proposed Hawaii Regional Haze FIP does not have federalism
implications. This action will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132. In
this action, EPA is fulfilling its statutory duty under CAA Section
110(c) to promulgate a Regional Haze FIP following its finding that
Hawaii had failed to submit a regional haze SIP. Thus, Executive Order
13132 does not apply to this action. In the spirit of Executive Order
13132, and consistent with EPA policy to promote communications between
EPA and State and local governments, EPA specifically solicits comment
on this proposed rule from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule does not have tribal implications, as specified
in Executive Order 13175. It will not have substantial direct effects
on tribal governments. Thus, Executive Order 13175 does not apply to
this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 as applying only to those regulatory
actions that concern health or safety risks, such that the analysis
required under section 5-501 of the EO has the potential to influence
the regulation. This action is not subject to EO 13045 because it
[[Page 31718]]
implements specific standards established by Congress in statutes.
However, to the extent this proposed rule will limit emissions of
SO2, the rule will have a beneficial effect on children's
health by reducing air pollution.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical. EPA believes that VCS are inapplicable to this action.
Today's action does not require the public to perform activities
conducive to the use of VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
We have determined that this proposed rule, if finalized, will not
have disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 14, 2012.
Jared Blumenfeld,
Regional Administrator, Region 9.
For the reasons stated in the preamble, part 52 of title 40,
chapter I, of the Code of Federal Regulations is proposed to be amended
as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--Hawaii
2. Section 52.633 is amended by adding paragraph (d) to read as
follows:
Sec. 52.633 Visibility protection.
* * * * *
(d) Regional Haze Plan Provisions.
(1) Applicability. This paragraph (d) applies to the following
electric generating units (EGUs) and boilers: Kanoelehua Hill
Generating Station, Hill 5 and Hill 6; Puna Power Plant, Boiler 1;
Shipman Power Plant, Boiler S-3 and Boiler S-4.
(2) Definitions. Terms not defined below shall have the meaning
given to them in the Clean Air Act or EPA's regulations implementing
the Clean Air Act. For purposes of this paragraph (d):
SO2 means sulfur dioxide.
Owner/operator means any person who owns, leases, operates,
controls, or supervises an EGU or boiler identified in paragraph
(d)(1).
Unit means any of the EGUs or boilers identified in paragraph
(d)(1).
(3) Emissions cap. The EGUs identified in paragraph (d)(1) shall
not emit or cause to be emitted SO2 in excess of a total of
3,550 tons per year, calculated as the sum of total SO2
emissions for all five units over a rolling 12-month period.
(4) Compliance date. Compliance with the emissions cap and other
requirements of this section is required at all times on and after
January 1, 2018.
(5) Monitoring, recordkeeping and reporting requirements.
(i) All records, including support information, required by this
paragraph (5) shall be maintained for at least five (5) years from the
date of the measurement, test or report. These records shall be in a
permanent form suitable for inspection and made available to EPA, the
Hawaii Department of Health or their representatives upon request.
(ii) The owners and operators of the EGUs identified in paragraph
(d)(1) shall maintain records of fuel deliveries identifying the
delivery dates and the type and amount of fuel received. The fuel to be
fired in the boilers shall be sampled and tested in accordance with the
most current American Society for Testing and Materials (ASTM) methods.
(iii) The owners and operators of the EGUs identified in paragraph
(d)(1) shall analyze a representative sample of each batch of fuel
received for its sulfur content and heat value following ASTM D4057.
The samples shall be analyzed for the total sulfur content of the fuel
using ASTM D129, or alternatively D1266, D1552, D2622, D4294, or D5453.
(iv) The owners and operators of the EGUs identified in paragraph
(d)(1) shall calculate on a monthly basis the SO2 emissions
for each unit for the preceding month based on the sulfur content, heat
value and total gallons of fuel burned fired.
(v) The owners and operators of the EGUs identified in paragraph
(d)(1) shall calculate on a monthly basis the total emissions for all
units for the preceding twelve (12) months.
(vi) The owners and operators of the EGUs identified in paragraph
(1) shall notify the Hawaii Department of Health and EPA Region 9 of
any exceedance of the emission cap in paragraph (d)(3) within thirty
(30) days of such exceedance.
(vii) Within sixty (60) days following the end of each calendar
year, the owners and operators of the EGUs identified in paragraph
(d)(1) shall report to the Hawaii Department of Health and EPA Region 9
the total tons of SO2 emitted from all units for the
preceding calendar year by month and the corresponding rolling 12-month
total emissions for all units.
(viii) Any document (including reports) required to be submitted by
this rule shall be certified as being true, accurate, and complete by a
responsible official and shall be mailed to the following addresses:
Clean Air Branch, Environmental Management Division, State of Hawaii
Department of Health, P.O. Box 3378, Honolulu, HI 96801-3378,
and
Director of Enforcement Division, U.S. EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
[FR Doc. 2012-12415 Filed 5-25-12; 8:45 am]
BILLING CODE 6560-50-P