[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Proposed Rules]
[Pages 14460-14465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05743]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0423; FRL- 9908-03-Region-3]


Approval and Promulgation of Implementation Plans; West Virginia; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a revision to the West Virginia State Implementation Plan 
(SIP) submitted by the State of West Virginia (West Virginia) through 
the West Virginia Department of Environmental Protection (WVDEP). West 
Virginia's SIP revision addresses requirements of the Clean Air Act 
(CAA) and EPA's rules that require states to submit periodic reports 
describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing SIP addressing regional haze (regional haze SIP). 
EPA is proposing approval of West Virginia's SIP revision on the basis 
that it addresses the progress report and adequacy determination 
requirements for the first implementation period for regional haze.

DATES: Comments must be received on or before April 14, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0423, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2013-0423, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

[[Page 14461]]

    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0423. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulation.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of West Virginia's 
submittal are available at the West Virginia Department of 
Environmental Protection, Division of Air Quality, 601 57th Street SE., 
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). States are 
also required to submit, at the same time as the progress report, a 
determination of the adequacy of the state's existing regional haze 
SIP. See 40 CFR 51.308(h). The first progress report SIP is due five 
years after submittal of the initial regional haze SIP. On June 18, 
2008, WVDEP submitted its first regional haze SIP in accordance with 
the requirements of 40 CFR 51.308.\1\
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    \1\ On March 23, 2012 (77 FR 16937), EPA finalized a limited 
approval and limited disapproval of West Virginia's June 18, 2008 
regional haze SIP to address the first implementation period for 
regional haze. There was a limited disapproval of this SIP because 
of West Virginia's reliance on the Clean Air Interstate Rule (CAIR) 
to meet certain regional haze requirements, which EPA replaced in 
August 2011 with the Cross-State Air Pollution Rule (CSAPR) (76 FR 
48208, August 8, 2011). Later on, the DC Circuit issued a decision 
in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 
2012), cert. granted 133 U.S. 2857 (2013) vacating CSAPR and keeping 
CAIR in place pending the promulgation of a valid replacement rule. 
EPA believes that the EME Homer City decision impacts the reasoning 
that formed the basis for EPA's limited disapproval of West 
Virginia's regional haze SIP based on West Virginia's reliance upon 
CAIR and expects to propose an appropriate action regarding the 
limited approval and limited disapproval of the regional haze SIP 
upon final resolution of EME Homer City.
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    On April 30, 2013, West Virginia submitted, as a SIP revision 
(progress report SIP), a report on progress made in the first 
implementation period towards RPGs for Class I areas in West Virginia 
and Class I areas outside West Virginia that are affected by emissions 
from West Virginia's sources. This progress report SIP included a 
determination that West Virginia's existing regional haze SIP requires 
no substantive revision to achieve the established regional haze 
visibility improvement and emissions reduction goals for 2018. EPA is 
proposing to approve West Virginia's progress report SIP on the basis 
that it satisfies the requirements of 40 CFR 51.308(g) and 51.308(h).

II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determinations

    Under 40 CFR 51.308(g), states must submit a regional haze progress 
report as a SIP revision every five years and must address, at a 
minimum, the seven elements found in 40 CFR 51.308(g). As described in 
further detail in section III of this rulemaking action, 40 CFR 
51.308(g) requires: (1) A description of the status of measures in the 
approved regional haze SIP; (2) a summary of emissions reductions 
achieved; (3) an assessment of visibility conditions for each Class I 
area in the state; (4) an analysis of changes in emissions from sources 
and activities within the state; (5) an assessment of any significant 
changes in anthropogenic emissions within or outside the state that 
have limited or impeded progress in Class I areas impacted by the 
state's sources; (6) an assessment of the sufficiency of the approved 
regional haze SIP; and (7) a review of the state's visibility 
monitoring strategy.
    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report SIP, a determination of the adequacy of 
their existing regional haze SIP and to take one of four possible 
actions based on information in the progress report. As described in 
further detail in section III of this rulemaking action, 40 CFR 
51.308(h) requires states to either: (1) Submit a negative declaration 
to EPA that no further substantive revision to the state's existing 
regional haze SIP is needed; (2) provide notification to EPA (and other 
state(s) that participated in the regional planning process) if the 
state determines that its existing regional haze SIP is or may be 
inadequate to ensure reasonable progress at one or more Class I areas 
due to emissions from sources in other state(s) that participated in 
the regional planning process, and collaborate with these other 
state(s) to develop additional strategies to address deficiencies; (3) 
provide notification with supporting information to EPA if the state 
determines that its existing regional haze SIP is or may be inadequate 
to ensure reasonable progress at one or more Class I areas due to 
emissions from sources in another country; or (4) revise its regional 
haze SIP to address deficiencies within one year if the state 
determines that its existing regional haze SIP is or may be inadequate 
to ensure reasonable progress in one or more Class I areas due to 
emissions from sources within the state.

[[Page 14462]]

III. EPA's Analysis of West Virginia's Regional Haze Progress Report 
and Adequacy Determination

    The West Virginia progress report SIP revision addresses progress 
made towards RPGs of Class I areas in West Virginia and Class I areas 
outside West Virginia that are affected by emissions from West 
Virginia's sources. This progress report SIP also includes a 
determination of the adequacy of West Virginia's existing regional haze 
SIP.
    West Virginia has two Class I areas within its borders: Dolly Sods 
Wilderness Area (Dolly Sods) and Otter Creek Wilderness Area (Otter 
Creek). West Virginia mentions in the progress report SIP that West 
Virginia sources were also identified, through an area of influence 
modeling analysis based on back trajectories, as potentially impacting 
six Class I areas in five neighboring states: Brigantine Wilderness in 
New Jersey; Great Smoky Mountains National Park in North Carolina and 
Tennessee; James River Face in Virginia; Linville Gorge in North 
Carolina; Monmouth Cave National Park in Kentucky; and Shenandoah 
National Park in Virginia.

A. Regional Haze Progress Report SIPs

    This section summarizes each of the seven elements that must be 
addressed by the progress report under the provisions of 40 CFR 
51.308(g); how West Virginia's progress report SIP addressed each 
element; and EPA's analysis and proposed determination as to whether 
West Virginia satisfied each element.
    The provisions under 40 CFR 51.308(g)(1) require a description of 
the status of implementation of all measures included in the regional 
haze SIP for achieving RPGs for Class I areas both within and outside 
the state. West Virginia evaluated the status of all measures included 
in its 2008 regional haze SIP in accordance with the requirements under 
40 CFR 51.308(g)(1). Specifically, in its progress report SIP, West 
Virginia summarizes the status of the emissions reduction measures that 
were included in the final iteration of the Visibility Improvement--
State and Tribal Association of the Southeast (VISTAS) regional haze 
emissions inventory and RPG modeling. West Virginia also discusses the 
status of those measures that were not included in the final VISTAS 
emissions inventory and were not relied upon in the initial regional 
haze SIP to meet RPGs. West Virginia notes that the emissions 
reductions from these measures, which are relied upon for reasonable 
progress, will help ensure Class I areas impacted by West Virginia 
sources achieve their RPGs. The measures include applicable Federal 
programs (e.g., mobile source rules, Maximum Achievable Control 
Technology (MACT) standards, Federal consent agreements, and Federal 
and state control strategies for electric generating units (EGUs) such 
as CAIR, CSAPR, and state multi-pollutant regulations for EGUs). West 
Virginia's summary includes a discussion of the benefits associated 
with each measure and quantifies those benefits wherever possible. In 
instances where implementation of a measure did not occur on schedule, 
information is provided on the source category and the measure's 
relative impact on the overall future year emissions inventories. The 
progress report SIP also discusses the status and implementation of the 
best available retrofit technology (BART) determinations for BART 
sources in West Virginia, and the implementation status of BART for a 
source in a neighboring state. Finally, West Virginia's progress report 
SIP discusses implementation of regulations and requirements developed 
after the original regional haze SIP was prepared which West Virginia 
asserts will provide extra assurance that West Virginia's Class I areas 
will meet their RPGs. Some of these regulations and requirements 
include the Mercury and Air Toxics Standard (MATS) for EGUs, the 2010 
sulfur dioxide (SO2) National Ambient Air Quality Standard 
(NAAQS), Control Technique Guidelines for volatile organic compound 
(VOC) reductions, Federal consent decrees which include SO2 
and nitrogen oxide (NOx) reductions at sources, and plant shutdowns.
    In aggregate, as noted later in section III.A of this rulemaking 
action, West Virginia notes in its submittal that overall 
SO2 emissions (the largest contributor to visibility 
impairment) have decreased in the State and will continue to decrease; 
therefore, West Virginia does not expect reasonable progress to be 
adversely impacted in any of the Class I areas in West Virginia or 
neighboring states.
    EPA proposes to find that West Virginia's analysis adequately 
addresses the provisions under 40 CFR 51.308(g)(1). West Virginia 
documents the implementation status of measures from its regional haze 
SIP such as regulations, Federal consent decrees, and BART 
determinations in addition to describing additional measures that came 
into effect since the VISTAS analysis for the West Virginia regional 
haze SIP was completed, including new regulations for EGUs, Federal 
consent decrees, and unanticipated plant shutdowns. West Virginia's 
progress report also describes significant measures resulting from EPA 
regulations other than the regional haze program as they pertain to 
West Virginia sources. The progress report SIP highlights the effect of 
several Federal control measures both nationally and in the VISTAS 
region, and when possible, in West Virginia.
    West Virginia's progress report discusses the status of key control 
measures that were relied upon in the first implementation period to 
make reasonable progress. In its regional haze SIP, West Virginia 
identified SO2 emissions from EGUs as a key contributor to 
regional haze in the VISTAS region and identified the EGU sector as a 
major contributor to visibility impairment at all Class I areas in the 
VISTAS region. West Virginia's progress report SIP provides additional 
information on EGU control strategies and the status of existing and 
future expected controls for West Virginia's EGUs, with updated actual 
SO2 emissions data for the years 2002--2011 reflecting 
significant reductions of SO2 through 2011.
    Regarding the status of BART and reasonable progress control 
requirements for sources in West Virginia, EPA finds the progress 
report SIP adequately reviews the status of West Virginia's BART 
sources and the one source that required further analysis to meet 
reasonable progress requirements by mentioning that controls are 
currently operational at these sources or that units have been shut 
down. Because West Virginia found no additional controls to be 
reasonable for the first implementation period for sources evaluated 
for reasonable progress in West Virginia, no further discussion of the 
status of controls was necessary in the progress report SIP. EPA 
proposes to conclude that West Virginia has adequately addressed the 
status of control measures in its regional haze SIP as required by the 
provisions under 40 CFR 51.308(g)(1) by discussing the status of key 
measures that were relied upon in the first implementation period to 
make reasonable progress.
    The provisions under 40 CFR 51.308(g)(2) require a summary of the 
emissions reductions achieved in the state through the measures subject 
to the requirements under 40 CFR 51.308(g)(1). In its regional haze SIP 
and progress report SIP, West Virginia focuses its assessment on the 
largest contributor to visibility impairment, SO2 emissions 
from EGUs. West Virginia made the decision that SO2 
emissions from EGUs are the largest contributor to visibility

[[Page 14463]]

impairment in its original regional haze SIP.
    Overall, West Virginia states SO2 emissions have 
decreased significantly. West Virginia states there has been a large 
reduction in SO2 emissions from EGUs, an 81.7 percent (%) 
decrease from 2002 to 2011, which resulted from many process and 
operational changes, including SO2 control installations and 
switches to cleaner fuels by emission units. Based on utility emissions 
data from 2002 through 2011 as reported in EPA's Clean Air Markets 
Division (CAMD) database, West Virginia indicates that actual emissions 
of SO2 from the EGU sector have dropped from 507,110 tons 
per year (tpy) in 2002 to 92,609 tpy in 2011, reflecting the 81.7% 
decrease. Additionally, the 2011 actual emissions of SO2 
(92,609 tpy) are substantially less than originally projected in the 
2018 modeling inventory (106,199 tpy).\2\
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    \2\ West Virginia provides in the progress report SIP 
SO2 emissions data for each West Virginia EGU for 2002 
through 2011. In addition, West Virginia includes summary 
SO2 emissions data from EGUs in all VISTAS states showing 
similar reductions. According to West Virginia, SO2 
emissions decreased 68.6% from 2002 to 2011 for EGUs in the VISTAS 
states.
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    While heat input to West Virginia's EGUs has decreased 
approximately 17.7% from 2002 to 2011, West Virginia states in its 
progress report SIP that SO2 emission rates for EGUs have 
decreased by 77.8% due to installation of controls and fuel switches. 
Given these substantial reductions in emission rates, West Virginia 
expects the significant reductions of SO2 should be 
maintained and expects emissions reductions to continue in the future. 
West Virginia also states in its progress report SIP that it expects 
additional retirements of EGU sources which will contribute to 
increased emissions reductions in the future.
    EPA proposes to conclude that West Virginia has adequately 
addressed the requirements under 40 CFR 51.308(g)(2) with its summary 
of the large emissions reductions, particularly in SO2 from 
EGUs, achieved through the measures in West Virginia's regional haze 
SIP. West Virginia provides estimates, and where available, actual 
emissions reductions of SO2 from EGUs in West Virginia that 
have occurred since the submittal of its regional haze SIP. West 
Virginia appropriately focuses on SO2 emissions from its 
EGUs in its progress report SIP because it had been previously 
identified that these emissions are the most significant contributors 
to visibility impairment at Dolly Sods and Otter Creek and at 
additional Class I areas that West Virginia sources impact. In 
addition, West Virginia provides estimates, and where available, actual 
emissions reductions for certain non-EGU control measures that were in 
its regional haze SIP when addressing the requirements under 40 CFR 
51.308(g)(1) for implementation status. Because no additional controls 
were found to be reasonable for the first implementation period for 
evaluated sources in West Virginia for reasonable progress, EPA 
proposes to find that no further discussion of emissions reductions 
from controls was necessary in the progress report SIP.
    The provisions under 40 CFR 51.308(g)(3) require that states with 
Class I areas provide the following information for the most impaired 
and least impaired days for each area, with values expressed in terms 
of five-year averages of these annual values: \3\ (1) Current 
visibility conditions; (2) the difference between current visibility 
conditions and baseline visibility conditions; and (3) the change in 
visibility impairment over the past five years. West Virginia provides 
visibility data for 2001 through 2011 that addresses the three 
requirements of 40 CFR 51.308(g)(3) for Dolly Sods and Otter Creek. In 
the West Virginia regional haze SIP, for the 20% worst days, West 
Virginia established a RPG for Dolly Sods of 7.3 deciview (dv) 
reduction in visibility impairment by 2018, which is significantly 
greater than the 4.3 dv reduction required to meet the uniform rate of 
progress necessary to achieve a natural background condition of 10.4 dv 
by 2064. For Otter Creek, West Virginia established a RPG for the 20% 
worst days of 7.3 dv reduction in visibility impairment by 2018, which 
is significantly greater than the 4.3 dv reduction required to meet the 
uniform rate of progress necessary to achieve the natural background 
condition of 10.4 dv by 2064. Likewise, West Virginia also adopted a 
RPG for the 20% best days that would result in a 1.2 dv reduction in 
visibility impairment for both Dolly Sods and Otter Creek. Based on 
West Virginia's analysis of emissions reductions and visibility data, 
West Virginia states it is on track to achieve or exceed its RPGs by 
2018 and that visibility is improving at Dolly Sods and Otter Creek.
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    \3\ The ``most impaired days'' and ``least impaired days'' in 
the regional haze rule refers to the average visibility impairment 
(measured in deciviews) for the twenty percent of monitored days in 
a calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. See 40 
CFR 51.301.
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    EPA finds the difference between current and baseline visibility 
and the five-year rolling averages for the most impaired (20% worst) 
and least impaired (20% best) days at both West Virginia Class I areas 
indicates that visibility has significantly improved since the 
implementation of West Virginia's regional haze SIP. The data submitted 
by West Virginia shows that there has been a dramatic visibility 
improvement during the implementation of the 2008 regional haze SIP. 
Analysis of visibility data provided by West Virginia shows that Dolly 
Sods and Otter Creek are on the glidepath to achieving natural 
visibility conditions in 2064.
    EPA finds West Virginia provided the required information regarding 
visibility conditions and changes to meet the requirements under 40 CFR 
51.308(g)(3), specifically providing current conditions based on the 
latest available Interagency Monitoring of Protected Visual 
Environments (IMPROVE) monitoring data, the difference between current 
visibility conditions and baseline visibility conditions, and the 
change in visibility impairment over the most recent five-year period 
for which data were available at the time of the progress report SIP 
development. Given the visibility improvement in West Virginia's Class 
I areas, EPA finds West Virginia's assessment that it is on track to 
meet RPGs by 2018 to be reasonable. EPA proposes to conclude that West 
Virginia has adequately addressed the requirements under 40 CFR 
51.308(g)(3).
    The provisions under 40 CFR 51.308(g)(4) require an analysis 
tracking emissions changes of visibility-impairing pollutants from the 
state's sources by type or category over the past five years based on 
the most recent updated emissions inventory. In its progress report 
SIP, West Virginia presents emissions inventories for 2002, 2007, 2009, 
and 2018 in accordance with the requirements of 40 CFR 51.308(g)(4). 
The progress report SIP includes West Virginia's baseline emissions 
inventory from 2002 and estimated emissions inventories for 2009 and 
2018. West Virginia's progress report SIP includes the 2007 emissions 
inventory prepared by the Southeastern Modeling, Analysis, and Planning 
(SEMAP) project, which was funded by EPA and the ten states in 
VISTAS.4 5
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    \4\ Pursuant to 40 CFR 51.308(b), regional haze SIPs for the 
first implementation period were due on December 17, 2007. 
Therefore, EPA finds that the 2007 emissions inventory used by West 
Virginia in this progress report SIP reflects an appropriate 
emissions inventory for West Virginia to use for 40 CFR 51.308(g)(4) 
to track emissions changes of visibility-impairing pollutants from 
the state's sources.
    \5\ The 2007 emissions inventory was the most recent historical 
inventory that had been fully quality-assured at the time West 
Virginia developed its progress report SIP.

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[[Page 14464]]

    The pollutants inventoried include VOCs, NOX, fine 
particulate matter (PM2.5), coarse particulate matter 
(PM10), ammonia (NH3), and SO2. The 
emissions inventories include the following source classifications: 
Stationary point and area sources, off-road and on-road mobile sources, 
and biogenic sources. The comparison of emissions inventory data shows 
that emissions of the key visibility-impairing pollutant SO2 
continued to drop from 586,437 tpy in 2002 to 437,014 tpy in 2007 to 
337,488 tpy in 2009.
    Additionally, West Virginia documented the substantial emissions 
reductions in SO2 from EGUs that already have occurred and 
that SO2 emissions from EGUs for the years 2009, 2010, and 
2011 are already under the 2018 SO2 emissions projections. 
As noted in section III.A of this rulemaking action, West Virginia 
expects overall EGU SO2 emissions to continue to decline due 
the retirement of different EGUs and additional fuel switches not 
previously projected which should result in further visibility 
improvement at Class I areas affected by West Virginia sources. EPA 
proposes to conclude that West Virginia has adequately addressed the 
requirements under 40 CFR 51.308(g)(4). While ideally the five-year 
period to be analyzed for emissions inventory changes is the time 
period since the current regional haze SIP was submitted, availability 
of quality-assured data may not always correspond with this period. 
Therefore, EPA believes that there is some flexibility in the five-year 
time period states can select for tracking emissions changes to meet 
this requirement. EPA proposes to find West Virginia appropriately 
compared its 2011 EGU SO2 emissions with the 2007 point 
source SO2 emissions.\6\ EPA believes that West Virginia 
presented an adequate analysis tracking emissions trends for the key 
visibility impairing pollutant SO2 since 2007 using the 
emissions data available to West Virginia.\7\ West Virginia's 2011 EGU 
SO2 emissions show a significant reduction of SO2 
emissions.\8\ The West Virginia 2007 point source SO2 
emissions of which a significant portion were EGU emissions were 
428,350 tpy while the 2011 EGU SO2 emissions are 92,609 tpy, 
which shows a significant reduction of SO2 emissions from 
2007. The 2011 EGU SO2 emissions are below the emissions 
projected for 2018, which demonstrates greater progress than West 
Virginia had projected in its regional haze SIP. EPA believes this 
provides sufficient information to support the representativeness of 
the period evaluated by West Virginia particularly as sulfates from 
EGUs were identified in West Virginia's 2008 regional haze SIP as the 
largest contributor to visibility impairment at West Virginia's and 
VISTAS' Class I areas.
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    \6\ As stated above, West Virginia's 2007 emissions inventory 
reflects emissions in the year the first regional haze SIP was due 
per 40 CFR 51.308(b), and EPA finds the 2007 inventory to be an 
appropriate emissions inventory for West Virginia to use for 40 CFR 
51.308(g)(4) to track emissions changes of visibility-impairing 
pollutants.
    \7\ According to West Virginia, previous VISTAS modeling from 
West Virginia's 2008 regional haze SIP had indicated the visibility 
benefits from reducing NOX emissions were small. EPA 
notes nevertheless that West Virginia's NOX emissions 
from all point source sectors decreased by 94,801 tons from 2002 to 
2007. In addition, EPA reviewed NOX emissions data from 
West Virginia EGUs which was provided by West Virginia for 2002-
2011. NOX emissions from West Virginia EGUs decreased 
from approximately 230,000 tons in 2002 to approximately 150,000 
tons in 2007 to 55,660 tons in 2011. EPA reviewed CAMD data for 
NOX emissions from West Virginia EGUs for 2012 and 2013 
and notes the NOX emission decreases have been 
maintained.
    \8\ EPA reviewed CAMD data for 2012 and 2013 for SO2 
emissions from West Virginia's EGUs and notes that the declining 
SO2 emissions trend has continued in 2012 and 2013.
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    The provisions under 40 CFR 51.308(g)(5) require an assessment of 
any significant changes in anthropogenic emissions within or outside 
the state that have occurred over the past five years that have limited 
or impeded progress in reducing pollutant emissions and improving 
visibility in Class I areas impacted by the state's sources. In its 
progress report SIP, West Virginia states that sulfates continue to be 
the biggest single contributor to regional haze at Dolly Sods and Otter 
Creek. Accordingly, West Virginia focused its analysis on addressing 
large SO2 emissions from point sources. In its progress 
report SIP, West Virginia demonstrates that there has been significant 
improvement in visibility as well as a significant decrease in 
sulfates' contribution to visibility impairment.
    EPA proposes to find that West Virginia has adequately addressed 
the provisions under 40 CFR 51.308(g)(5). West Virginia adequately 
demonstrated that there has been significant improvement in visibility 
in its Class I areas. West Virginia also adequately demonstrated that 
there has been a significant decrease in sulfates' contribution to 
visibility impairment. West Virginia's progress report SIP demonstrates 
that there are no significant changes in emissions that have impeded 
its progress in reducing emissions or in improving visibility in the 
Class I areas within West Virginia or impacted by West Virginia 
sources. Furthermore, the progress report SIP shows that the State is 
on track to meeting its 2018 RPGs for Dolly Sods and Otter Creek.
    The provisions under 40 CFR 51.308(g)(6) require an assessment of 
whether the current regional haze SIP is sufficient to enable the 
state, or other states, to meet the RPGs for Class I areas affected by 
emissions from the state. In its progress report SIP, West Virginia 
states that it believes that the elements and strategies outlined in 
its original 2008 regional haze SIP are sufficient to enable West 
Virginia and other neighboring states to meet all the established RPGs. 
To support this conclusion, West Virginia presents visibility data for 
all Class I areas inside and outside of the state that are impacted by 
West Virginia sources. The impacted Class I areas include two areas in 
West Virginia (Dolly Sods and Otter Creek) and six areas in neighboring 
states. The impacted Class I areas outside of West Virginia are 
Brigantine Wilderness in New Jersey; Great Smoky Mountains National 
Park in North Carolina and Tennessee; James River Face in Virginia, 
Linville Gorge in North Carolina; Monmouth Cave National Park in 
Kentucky; and Shenandoah National Park in Virginia. The visibility data 
provided by West Virginia for Dolly Sods and Otter Creek show that 
those areas are on track to achieving their 2018 RPGs. Additionally, 
West Virginia expects SO2 emissions from West Virginia 
sources to continue to decrease in the future due to expected shutdowns 
and installation of controls. Therefore West Virginia expects that 
visibility impairment in its Class I areas will decrease as well. The 
visibility data presented for Class I areas outside of West Virginia 
show that each area is on track to achieve its RPGs in 2018.
    EPA proposes to conclude that West Virginia has adequately 
addressed the requirements of 40 CFR 51.308(g)(6). EPA views this 
requirement as a qualitative assessment that should evaluate emissions 
and visibility trends and other readily available information, 
including expected emissions reductions associated with measures with 
compliance dates that have not yet become effective. West Virginia 
referenced the improving visibility trends with appropriately supported 
data and referenced the downward emissions trends with a focus on 
SO2 emissions from West Virginia EGUs that support the 
determination that the West Virginia 2008 regional haze SIP is 
sufficient to meet RPGs for Class I areas within and outside the state 
impacted by West Virginia sources.

[[Page 14465]]

    The provisions under 40 CFR 51.308(g)(7) require a review of a 
state's visibility monitoring strategy and an assessment of whether any 
modifications to the monitoring strategy are necessary. In its progress 
report SIP, West Virginia summarizes the existing monitoring network at 
Dolly Sods and Otter Creek and discusses its intended continued 
reliance on the IMPROVE monitoring network for its visibility planning. 
West Virginia also mentions its PM2.5 monitoring network and 
that it is used to understand air pollution levels across the state. 
West Virginia also encourages VISTAS and other regional planning 
organizations to maintain support of the existing data management 
system or an equivalent to facilitate availability analysis of IMPROVE 
and visibility-related data. West Virginia concludes that the existing 
network is adequate and that no modifications to visibility monitoring 
strategy are necessary at this time.
    EPA proposes to conclude that West Virginia has adequately 
addressed the sufficiency of its monitoring strategy as required by the 
provisions under 40 CFR 51.308(g)(7). West Virginia reaffirmed its 
continued reliance upon the IMPROVE monitoring network and discussed 
its additional PM2.5 monitoring network used to further 
assess air pollution levels. West Virginia also explained the 
importance of the IMPROVE monitoring network for tracking visibility 
trends at Dolly Sods and Otter Creek and identified no expected changes 
in this network.

B. Determination of Adequacy of Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four 
possible actions based on the information gathered and conclusions made 
in the progress report SIP. The following section summarizes: the 
action taken by West Virginia under 40 CFR 51.308(h); West Virginia's 
rationale for the selected action; and EPA's analysis and proposed 
determination regarding the West Virginia's action.
    In its progress report SIP, West Virginia submitted a negative 
declaration that it had determined that the existing regional haze SIP 
requires no further substantive revision to achieve the RPGs for Class 
I areas affected by West Virginia's sources. The basis for the negative 
declaration is the findings from the progress report (as discussed in 
section III of this rulemaking action), including the findings that: 
Visibility data has improved at Dolly Sods and Otter Creek; 
SO2 emissions from West Virginia sources have decreased 
beyond original projections; additional EGU control measures not relied 
upon in West Virginia's regional haze SIP have been and are being 
implemented; and the EGU SO2 emissions in West Virginia are 
already below the levels projected for 2018 in the regional haze SIP 
and are expected to continue to trend downward for the next five years. 
EPA proposes to conclude West Virginia adequately addressed the 
requirements of 40 CFR 51.308(h) because the visibility data trends at 
the Class I areas impacted by West Virginia sources and the emissions 
trends of the largest emitters of visibility-impairing pollutants both 
indicate that the RPGs for 2018 will be met or exceeded.

IV. EPA's Proposed Action

    EPA is proposing to approve West Virginia's regional haze five-year 
progress report SIP revision, submitted on April 30, 2013, as meeting 
the applicable regional haze requirements set forth in 40 CFR 51.308(g) 
and 51.308(h).

V. Statutory and Executive Order Reviews

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

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 3, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-05743 Filed 3-13-14; 8:45 am]
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