[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Proposed Rules]
[Pages 64797-64803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27357]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0544; FRL-9988-02-Region 4]
Air Plan Approval; Alabama; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Alabama through the Alabama Department of Environmental
Management (ADEM) with a letter dated June 26, 2018. Alabama's SIP
revision (Progress Report) addresses requirements of the Clean Air Act
(CAA or Act) and EPA's rules that require each state to submit periodic
reports describing progress towards reasonable
[[Page 64798]]
progress goals (RPGs) established for regional haze and a determination
of the adequacy of the State's existing SIP addressing regional haze
(regional haze plan). EPA is proposing to approve Alabama's
determination that the State's regional haze plan is adequate to meet
these RPGs for the first implementation period covering through 2018
and requires no substantive revision at this time.
DATES: Comments must be received on or before January 8, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0544 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit progress reports that evaluate
progress towards the RPGs for each mandatory Class I federal area \1\
(Class I area) within the state and for each Class I area outside the
state which may be affected by emissions from within the state. See 40
CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require
states to submit, at the same time as the 40 CFR 51.308(g) progress
reports, a determination of the adequacy of the state's existing
regional haze plan. The first progress report is due five years after
submittal of the initial regional haze plan and must be submitted as a
SIP revision. Alabama submitted its regional haze plan on July 15,
2008, as later amended in a SIP revision submitted on October 26, 2015.
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\1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81 Subpart D.
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Like many other states subject to the Clean Air Interstate Rule
(CAIR), Alabama relied on CAIR in its regional haze plan to meet
certain requirements of EPA's Regional Haze Rule, including best
available retrofit technology (BART) requirements for emissions of
sulfur dioxide (SO2) and nitrogen oxides (NOX)
from certain electric generating units (EGUs) in the State.\2\ This
reliance was consistent with EPA's regulations at the time that Alabama
developed its regional haze plan. See 70 FR 39104 (July 6, 2005).
However, in 2008, the United States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA without vacatur
to preserve the environmental benefits provided by CAIR. North Carolina
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR
48208), acting on the D.C. Circuit's remand, EPA promulgated the Cross-
State Air Pollution Rule (CSAPR) to replace CAIR and issued Federal
Implementation Plans (FIPs) to implement the rule in CSAPR-subject
states.\3\ Implementation of CSAPR was scheduled to begin on January 1,
2012, when CSAPR would have superseded the CAIR program. However,
numerous parties filed petitions for review of CSAPR, and at the end of
2011, the D.C. Circuit issued an order staying CSAPR pending resolution
of the petitions and directing EPA to continue to administer CAIR.
Order of December 30, 2011, in EME Homer City Generation, L.P. v. EPA,
D.C. Cir. No. 11-1302.
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\2\ CAIR required certain states, including Alabama, to reduce
emissions of SO2 and NOX that significantly
contribute to downwind nonattainment of the 1997 National Ambient
Air Quality Standard (NAAQS) for fine particulate matter
(PM2.5) and ozone. See 70 FR 25162 (May 12, 2005).
\3\ CSAPR requires substantial reductions of SO2 and
NOX emissions from EGUs in 27 states in the Eastern
United States that significantly contribute to downwind
nonattainment of the 1997 PM2.5 and ozone NAAQS, 2006
PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS.
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On June 28, 2012 (77 FR 38515), EPA finalized a limited approval of
Alabama's regional haze plan as meeting some of the applicable regional
haze requirements as set forth in sections 169A and 169B of the CAA and
in 40 CFR 51.300-308. Separately, in a June 7, 2012 (77 FR 33642),
action, EPA finalized a limited disapproval of Alabama's regional haze
plan because of deficiencies arising from the State's reliance on CAIR
to satisfy certain regional haze requirements. Also on June 7, 2012,
EPA promulgated FIPs to replace reliance on CAIR with reliance on CSAPR
to address deficiencies in CAIR-dependent regional haze plans of
several states, including Alabama's regional haze plan. Following
additional litigation and the lifting of the stay, EPA began
implementation of CSAPR on January 1, 2015.
Certain CSAPR Phase 2 emissions budgets were remanded to EPA for
reconsideration.\4\ However, the CSAPR trading programs remained in
effect and all CSAPR emissions budgets likewise remained in effect
while EPA addressed the remands. The remanded budgets included the
CSAPR Phase 2 SO2 emissions budget applicable to Alabama
units under the federal CSAPR SO2 Group 2 Trading Program.
On October 26, 2015, Alabama submitted a SIP revision to EPA which
sought to adopt CSAPR at the state level and to change reliance from
CAIR to CSAPR for certain regional haze requirements. This submittal
also adopted the remanded SO2 Phase 2 budget for the State.
EPA approved portions of the October 26, 2015, submittal on August 31,
2016 (81 FR 59869), including the adoption of CSAPR unit requirements
for SO2 and NOX annual trading programs, thereby
replacing the FIP obligations in the State for these two programs.\5\
The August 31, 2016, final rule also approved Alabama's adoption of the
remanded federal SO2 Phase 2 budget.
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\4\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138
(D.C. Cir. 2015).
\5\ Large EGUs in Alabama were subject to additional CSAPR FIP
provisions requiring them to participate in the federal CSAPR
NOX ozone season trading program. While Alabama's October
26, 2015, SIP submittal also sought to replace the CSAPR FIP
requirements addressing Alabama units' ozone-season NOX
emissions, EPA did not act on that portion of the SIP submittal
until October 6, 2017, when it acted on Alabama's May 19, 2017 SIP
revision. See 82 FR 46674.
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Subsequently, on May 19, 2017, Alabama submitted a SIP revision to
address additional requirements for the NOX ozone season
requirements for CSAPR. On October 6, 2017 (82 FR 46674), EPA approved
Alabama's adoption of a state allowance trading program to replace
federal NOX ozone season requirements under CSAPR, thereby
replacing the remainder of the CSAPR FIP. On October 12, 2017, EPA
[[Page 64799]]
approved the regional haze portion of Alabama's October 26, 2015 (82 FR
47393), SIP submission to change reliance from CAIR to CSAPR for
certain regional haze requirements and converted EPA's limited
approval/limited disapproval to a full approval.
On June 27, 2018,\6\ Alabama submitted its Progress Report which,
among other things, details the progress made in the first period
toward implementation of the long term strategy outlined in the State's
regional haze plan; the visibility improvement measured at the Sipsey
Wilderness Area (the only Class I area within Alabama); and a
determination of the adequacy of the State's existing regional haze
plan. EPA is proposing to approve Alabama's June 26, 2018, Progress
Report for the reasons discussed below.
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\6\ EPA notes that the cover letter was dated June 26, 2018. The
submittal date is the date of receipt, which was June 27, 2018.
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II. EPA's Evaluation of Alabama's Progress Report and Adequacy
Determination
A. Regional Haze Progress Report
This section includes EPA's analysis of Alabama's Progress Report
and an explanation of the basis for the Agency's proposed approval.
1. Control Measures
In its Progress Report, Alabama summarizes the status of the
emissions reduction measures that were relied upon by the State in its
regional haze plan and included in the final iteration of the
Visibility Improvement State and Tribal Association of the Southeast
(VISTAS) regional haze emissions inventory and RPG modeling used by the
State in developing its regional haze plan. The measures include, among
other things, applicable federal programs (e.g., mobile source rules,
Maximum Achievable Control Technology standards), federal consent
agreements, and federal control strategies for EGUs. Alabama also
reviewed the status of BART requirements for the two BART-subject
sources for NOX and SO2 in the State--Solutia,
Inc., Decatur facility and International Paper Company, Courtland
facility--and described several court decisions addressing CAIR and
CSAPR.\7\
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\7\ Progress Report, pp. 9-11.
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As discussed in Section I of this notice, a number of states,
including Alabama, submitted regional haze plans that relied on CAIR to
meet certain regional haze requirements. EPA finalized a limited
disapproval of Alabama's 2008 regional haze plan due to this reliance
and promulgated a FIP to replace the State's reliance on CAIR with
reliance on CSAPR. Although a number of parties challenged the legality
of CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to
EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir.
2012), the United States Supreme Court reversed the D.C. Circuit's
decision on April 29, 2014, and remanded the case to the D.C. Circuit
to resolve remaining issues in accordance with the high court's ruling.
EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On
remand, the D.C. Circuit affirmed CSAPR in most respects, and CSAPR is
now in effect. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). Because CSAPR should result in greater emissions
reductions of SO2 and NOX than CAIR throughout
the affected region, EPA expects Alabama to maintain and continue its
progress towards its RPGs for 2018 through continued, and additional,
SO2 and NOX reductions. See generally 76 FR 48208
(August 8, 2011).
In the State's 2008 regional haze plan and Progress Report, Alabama
focuses its assessment on SO2 emissions from EGUs because of
VISTAS' findings that ammonium sulfate accounted for 69-87 percent of
the visibility-impairing pollution in the VISTAS states and roughly 75
percent of the visibility-impairing pollution at the Sipsey Wilderness
Area on the 20 percent worst visibility days. Alabama determined in its
2008 regional haze plan that no additional controls for sources in the
State were needed to make reasonable progress for SO2 during
the first implementation period.\8\ In its regional haze plan, Alabama
identified 19 Alabama EGUs at six facilities located in the area of
influence of Alabama's Class I area using the State's methodology for
determining sources eligible for a reasonable progress control
determination. Because these 19 EGUs were subject to CAIR and the
Sipsey Wilderness Area was projected to exceed the uniform rate of
progress during the first implementation period, ADEM opted not to
require any additional emissions reductions for reasonable progress for
the first implementation period.\9\ Alabama's Progress Report indicates
that SO2 emissions from all in-state EGUs have decreased by
approximately 71 percent from 2002 to 2012.
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\8\ See 77 FR 11937, 11946 (February 28, 2012).
\9\ See 77 FR 11949 and Section 7.6 of Alabama's 2008 regional
haze plan.
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Because many states had not yet defined their criteria for
identifying sources to evaluate for reasonable progress at the time
Alabama was developing the State's 2008 regional haze plan, Alabama
initially applied the State's criteria for identifying emissions units
eligible for a reasonable progress control analysis as a screening tool
to identify Class I areas outside of the State potentially impacted by
Alabama sources. Alabama identified the following Class I areas as
potentially impacted by Alabama sources: Cohutta Wilderness Area in
Georgia; Joyce Kilmer-Slickrock Wilderness Area in North Carolina; St.
Marks Wilderness Area in Florida; and Breton Wilderness Area in
Louisiana.\10\ Additionally, North Carolina identified an Alabama
source (Tennessee Valley Authority (TVA)--Widows Creek) as meeting
North Carolina's threshold for a reasonable progress control evaluation
at one of its Class I areas (Joyce Kilmer-Slickrock Wilderness Area).
Alabama determined that there were no additional controls that would be
reasonable to require of this source for the first implementation
period. Alabama also consulted with Florida, Georgia, and Louisiana and
concluded that no Alabama sources were identified by these states as
meeting their criteria for a reasonable progress control
evaluation.\11\
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\10\ See 77 FR 11956.
\11\ See 77 FR 11956 and Appendix J of Alabama's 2008 regional
haze plan.
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EPA proposes to find that Alabama has adequately addressed the
applicable provisions under 40 CFR 51.308(g) regarding the
implementation status of control measures because the State described
the implementation of measures within Alabama, including BART at BART-
subject sources for NOX and SO2.
2. Emissions Reductions
As discussed in Section II.A.1. of this notice, Alabama focused its
assessment in its regional haze plan and Progress Report on
SO2 emissions from EGUs because of VISTAS' findings that
ammonium sulfate is the primary component of visibility-impairing
pollution in the VISTAS states. In its Progress Report, Alabama
provides 2002, 2005, 2008, 2011, and 2012 SO2 emissions data
from EPA's Clean Air Markets Division (CAMD) for EGUs in the State.
Actual SO2 emissions reductions from 2002-2012 for these
Alabama EGUs (319,428 tons) have already exceeded the projected
SO2 emissions reductions from 2002 to 2018 estimated in
Alabama's regional haze plan for these EGUs (312,397 tons).\12\ Alabama
also includes cumulative
[[Page 64800]]
volatile organic compounds (VOC), fine particulate matter
(PM2.5), coarse particulate matter (PM10),
ammonia (NH3), SO2, and NOX emissions
data from 2002, 2007, and 2011 for point sources. For the five-year
period covered by the Progress Report, the 2011 National Emissions
Inventory (NEI) was the latest available inventory.\13\ This data shows
a decline in these emissions over this time period and shows that the
SO2 reductions are greater than those estimated for these
units between 2002-2018 in the State's regional haze plan. The
emissions reductions identified by Alabama are due, in part, to the
implementation of measures included in the State's regional haze plan.
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\12\ Progress Report, Figure 4, p. 14.
\13\ See the EPA's website for additional data and documentation
for the 2011 version of the NEI (https://www.epa.gov/air-emissions-inventories/2011-national-emissions-inventory-nei-data).
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EPA proposes to find that Alabama has adequately addressed the
applicable provisions of 40 CFR 51.308(g) regarding emissions
reductions because the State identifies SO2 emissions
reductions from EGUs in Alabama, the largest sources of SO2
emissions in the State.
3. Visibility Conditions
The provisions under 40 CFR 51.308(g) require that states with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions expressed in terms of
five-year averages of these annual values.
Alabama's Progress Report provides visibility monitoring data for
the Sipsey Wilderness Area. Alabama reported current visibility
conditions as the 2009-2013 five-year time period and used the 2000-
2004 baseline period for the State's Class I area.\14\ Alabama also
provided 20 percent worst day and 20 percent best day visibility data
for each year from 2004-2013 in terms of five-year averages. Table 1
shows the visibility conditions for the 2009-2013 five-year time
period, the difference between the current visibility conditions and
baseline visibility conditions, and the RPGs for the Sipsey Wilderness
Area in the State's 2008 regional haze plan.
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\14\ For the first regional haze plans, ``baseline'' conditions
were represented by the 2000-2004 time period. See 64 FR 35730 (July
1, 1999).
Table 1--Baseline Visibility, RPGs, and Current Visibility in Alabama's Class I Area
[Deciviews]
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Baseline (2000- Current (2009-
Class I area 2004) RPGs (2018) 2013)
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20 Percent Best Days
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Sipsey Wilderness Area.......................................... 15.6 14.22 12.82
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20 Percent Worst Days
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Sipsey Wilderness Area.......................................... 29.0 23.53 22.91
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As shown in Table 1, the Sipsey Wilderness Area saw an improvement
in visibility between baseline and the 2009-2013 time period.\15\
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\15\ Progress Report, Table 3, p. 15.
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EPA proposes to find that Alabama has adequately addressed the
applicable provisions under 40 CFR 51.308(g) regarding visibility
conditions because the State provided baseline visibility conditions,
visibility conditions for the 2009-2013 five-year time period, the
difference between these sets of visibility conditions, and five-year
visibility averages at the Sipsey Wilderness Area from 2004-2013.
4. Emissions Tracking
In its Progress Report, Alabama presents data from a statewide
actual emissions inventory for 2007, developed through the Southeastern
Modeling, Analysis and Planning (SEMAP) partnership and compares this
data to the baseline emissions inventory for 2002 (actual emissions).
The pollutants inventoried include: VOC, NH3,
NOX, PM2.5, PM10, and SO2.
The emissions inventories include the following source classifications:
Point, area, biogenic (e.g., VOC from vegetation, emissions from
fires), non-road mobile, and on-road mobile sources. As discussed in
Section II.A.2, above, Alabama also presented 2002, 2005, 2008, 2011,
and 2012 SO2 data for EGUs in Alabama and 2011 emissions for
point sources in Alabama.
SEMAP estimated on-road mobile source emissions in the 2007
inventory using EPA's MOVES model. This model tends to estimate higher
emissions for NOX and particulate matter than its previous
counterpart, EPA's MOBILE6.2 model, used by the State to estimate on-
road mobile source emissions for the 2002 inventories. Due in part to
the change in methodology, there are increases in NOX,
PM2.5 and PM10, in the 2007 actual on-road
emissions, while VOC, NH3 and SO2 mobile
emissions show decreases from the actual 2002 emissions, as can be seen
when comparing Tables 2 and 3. Apart from this, decreases in total
pollutant emissions can be seen for each pollutant potentially
impacting visibility.
Additionally, ADEM included the 2011 point source actual emissions
inventory from the 2011 NEI, Version 2, included in Table 4, below. The
actual point source emissions in 2011 showed significant reductions for
all pollutants when compared to both the 2002 and 2007 inventories.
These point source emissions have already exceeded the reductions
expected in the 2018 projected year inventory, which can be seen in
Table 5, below.
Table 2--2002 Actual Emissions Inventory Summary for Alabama
[tpy]
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Source category VOC NOX PM2.5 PM10 NH3 SO2
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Point................................................... 49,323 238,007 23,353 33,084 2,121 520,217
Area.................................................... 209,200 34,900 101,442 444,259 60,275 54,812
[[Page 64801]]
On-Road Mobile.......................................... 137,086 170,047 3,006 4,188 5,968 7,386
Non-Road Mobile......................................... 60,487 65,366 4,526 4,949 33 7,584
Biogenic................................................ 1,751,809 14,873 0 0 0 0
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Total............................................... 2,207,904 523,191 132,328 486,481 68,397 590,000
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Table 3--2007 Actual Emissions Inventory Summary for Alabama
[tpy]
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Source category VOC NOX PM2.5 PM10 NH3 SO2
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Point................................................... 38,877 197,963 24,930 34,776 2,191 526,620
Area.................................................... 79,030 3,940 41,587 349,981 62,426 431
On-Road Mobile.......................................... 77,078 172,668 5,887 7,861 2,823 1,509
Non-Road Mobile......................................... 52,230 63,588 4,121 4,424 46 3,469
Biogenic................................................ 1,745,263 9,785 0 0 0 0
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Total............................................... 1,992,478 447,944 76,525 397,042 67,486 532,029
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Table 4--2011 Actual Emissions Inventory Summary of Point Sources for Alabama
[tpy] \16\
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Source category VOC NOX PM2.5 PM10 NH3 SO2
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Point................................................... 26,077 121,962 11,124 17,093 1,874 245,802
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Table 5--2018 Projected Actual Emissions Inventory Summary of Point Sources for Alabama
[tpy] 17 18
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Source category VOC NOX PM2.5 PM10 NH3 SO2
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Point................................................... 57,243 142,676 27,366 37,746 3,536 249,075
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EPA is proposing to find that Alabama adequately addressed the
provisions of 40 CFR 51.308(g) regarding emissions tracking because the
State compared the most recent updated emission inventory data for the
five-year period covered by the Progress Report with the baseline
emissions used in the modeling for the regional haze plan. Furthermore,
Alabama evaluated EPA Air Markets Program Data \19\ SO2
emissions data from 2002-2012 for EGUs in the State because ammonium
sulfate is the primary component of visibility-impairing pollution in
the VISTAS states, and EGUs are the largest source of SO2 in
the State.
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\16\ ADEM included the entire 2011 emissions inventory summary
in Appendix A of its Progress Report. This inventory shows decreases
in total emissions for all pollutants since 2002 and 2007.
\17\ See Section 7 of Alabama's 2008 regional haze plan and page
18 of the Progress Report for the complete inventory.
\18\ The Progress Report lists SO2 projected 2018
point source emissions as 418,486 tpy. This is an error in carrying
over information from the 2008 Alabama regional haze plan. The
correct value is provided in Table 5. See Table 7.2.3-2 of the 2008
regional haze plan, p. 52 and 77 FR 11945.
\19\ EPA Air Markets Program Data is available at: https://ampd.epa.gov/ampd/.
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5. Assessment of Changes Impeding Visibility Progress
In its Progress Report, Alabama documented that sulfates, which are
formed from SO2 emissions, continue to be the biggest single
contributor to regional haze for the Sipsey Wilderness Area, and
therefore focused its analysis on large SO2 emissions from
point sources.\20\ In its 2008 regional haze plan, Alabama notes that
sulfates account for 75 percent of the visibility impairment on the 20
percent worst days and 50 percent of visibility impairment on the 20
percent best days over the 2000-2004 period. In addressing the
requirements at 40 CFR 51.308(g)(5), Alabama shows in the Progress
Report that the overall contribution of sulfates toward visibility
impairment has been reduced to 64 percent over the 2008-2012 period for
the 20 percent worst days and remained approximately the same for the
20 percent best days. Alabama also examines other potential pollutants
of concern affecting visibility at the Sipsey Wilderness Area.
Furthermore, the Progress Report shows that visibility averages for the
five-year period 2009-2013 are better than the 2018 RPGs for the Sipsey
Wilderness Area and that SO2 emissions reductions from 2002-
2012 for EGUs in Alabama have exceeded the projected reductions from
2002-2018 in the regional haze plan.
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\20\ See Figures 9 and 10 in the Progress Report.
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EPA proposes to find that Alabama has adequately addressed the
provisions of 40 CFR 51.308(g) regarding an assessment of significant
changes in anthropogenic emissions for the reasons discussed above.
6. Assessment of Current Strategy
Alabama believes that it is on track to meet the 2018 RPGs for the
Sipsey Wilderness Area, and that the State's sources will not impede
Class I areas outside of Alabama from meeting their RPGs based on the
trends in visibility and emissions presented in its Progress Report.
Alabama notes that the Interagency Monitoring of Protected Visual
Environments (IMPROVE)
[[Page 64802]]
visibility readings for 2009-2013 generally show greater improvements
in visibility than projected by the State in establishing the 2018 RPGs
for the Sipsey Wilderness Area and that SO2 emissions from
coal-fired EGUs in the State have decreased from 2002-2012 by more than
the predicted decline in SO2 emissions from these sources
for the first implementation period in Alabama's 2008 regional haze
plan. Alabama expects that these emissions will continue to decrease
through the first regional haze implementation period.
As discussed above, Alabama identified the following Class I areas
as potentially impacted by Alabama sources: Cohutta Wilderness Area in
Georgia; Joyce Kilmer-Slickrock Wilderness Area in North Carolina; St.
Marks Wilderness Area in Florida; and Breton Wilderness Area in
Louisiana. In its Progress Report, Alabama notes that it has evaluated
IMPROVE monitoring data from 2009-2013 for these Class I areas and that
the trend for each of these areas is at or below the glidepath.\21\ The
State concludes that given expected continued emission reductions, the
trends for those areas should continue, and no additional controls are
needed at this time to meet RPGs.
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\21\ The ``glidepath'' is the rate of progress needed to reach
natural visibility conditions by 2064 (also referred to as the
``uniform rate of progress''). See 77 FR 11940.
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Alabama notes that it consulted with other states during the
development of its 2008 regional haze plan, including Florida, Georgia,
Louisiana, and North Carolina. Of these states, North Carolina
identified one unit in Alabama--TVA Widows Creek--as meeting North
Carolina's criteria for a reasonable progress control evaluation and
asked Alabama to share its reasonable progress control evaluation for
this unit. Alabama determined that because this unit was subject to
CAIR and had a scrubber installed, no additional controls were
reasonable for this period. See 77 FR 11956. The State reiterates that
after consultation with each of these states, Alabama was not requested
to further evaluate any source relative to a regional Class I area.
Additionally, the State did not request any out-of-state source to
evaluate impacts on the Sipsey Wilderness Area because no source met
the State's criteria for a reasonable progress analysis.
The State notes that, considering the trends in visibility in the
IMPROVE network, and given SO2 reductions achieved, it is
reasonable to assume that these conclusions still stand for the
purposes of the Progress Report.
As discussed above, CAIR was implemented during the time period
evaluated by ADEM for its Progress Report, CAIR has been replaced by
CSAPR, and the requirements of CSAPR apply to sources in Alabama
through the State's implementation plan. Alabama's fully approved
regional haze plan, which now relies on CSAPR rather than CAIR,
accordingly contains sufficient provisions to ensure that the RPGs of
Class I areas in nearby states will be achieved.
EPA proposes to find that Alabama has adequately addressed the
provisions of 40 CFR 51.308(g) regarding the strategy assessment. In
its Progress Report, Alabama describes the improving visibility trends
using data from the IMPROVE network and the downward emissions trends
in key pollutants, with a focus on SO2 emissions from EGUs
in the State. ADEM determined that its regional haze plan is sufficient
to meet the RPGs for its own Class I area and the Class I areas outside
the State potentially impacted by the emissions from Alabama. EPA
preliminarily finds that Alabama's conclusion regarding the sufficiency
of its regional haze plan is appropriate because CAIR was in effect in
Alabama through 2014, providing the emission reductions relied upon in
Alabama's regional haze plan through that date. CSAPR is now being
implemented, and by 2018, the end of the first regional haze
implementation period, CSAPR will reduce emissions of SO2
and NOX from EGUs in Alabama by the same amount assumed by
EPA when the Agency originally issued the FIP for the State in June
2012, replacing reliance on CAIR with reliance on CSAPR. Because CSAPR,
now adopted and implemented at the state level, will ensure the control
of SO2 and NOX emissions reductions relied upon
by Alabama and other states in setting their RPGs beginning in January
2015 at least through the remainder of the first implementation period
in 2018, EPA is proposing to approve Alabama's finding that the plan
elements and strategies in its implementation plan are sufficient to
achieve the RPGs for the Class I area in the State and for Class I
areas in nearby states potentially impacted by sources in the State.
7. Review of Current Monitoring Strategy
In its Progress Report, Alabama summarizes the existing monitoring
network in the State to monitor visibility at the Sipsey Wilderness
Area and concludes that no modifications to the existing visibility
monitoring strategy are necessary. The primary monitoring network for
regional haze, both nationwide and in Alabama, is the IMPROVE network.
There is currently one IMPROVE site located in the Sipsey Wilderness
Area.
The State explains the importance of the IMPROVE monitoring network
for tracking visibility trends at the Class I area in Alabama. ADEM
states that data produced by the IMPROVE monitoring network will be
used for preparing the regional haze progress reports and SIP
revisions, and thus, the monitoring data from the IMPROVE sites needs
to be readily accessible and to be kept up to date. The Visibility
Information Exchange Web System website has been maintained by VISTAS
and the other Regional Planning Organizations to provide ready access
to the IMPROVE data and data analysis tools.
In addition, ADEM operates a PM2.5 network of filter-
based federal reference method monitors and filter-based speciation
monitors. These PM2.5 measurements help ADEM characterize
air pollution levels in areas across the State, and therefore aid in
the analysis of visibility improvement in and near the Sipsey
Wilderness Area.\22\
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\22\ See Figure 11 in the Progress Report, p. 24.
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EPA proposes to find that Alabama has adequately addressed the
applicable provisions of 40 CFR 51.308(g) regarding the monitoring
strategy because the State reviewed its visibility monitoring strategy
and determined that no further modifications to the strategy are
necessary.
B. Determination of Adequacy of the Existing Regional Haze Plan
In its Progress Report, ADEM submitted a negative declaration to
EPA that the existing regional haze plan requires no further
substantive revision at this time to achieve the RPGs for Class I areas
affected by the State's sources. The State's negative declaration is
based on the findings from the Progress Report, including the findings
that: Visibility has already improved at the Sipsey Wilderness Area in
Alabama such that the visibility averages for the five-year period
2009-2013 are better than the RPGs for 2018; actual SO2
emissions reductions from coal-fired EGUs in Alabama exceed the
predicted reductions in ADEM's 2008 regional haze plan; additional EGU
control measures not relied upon in the State's 2008 regional haze plan
have occurred or will occur during the first implementation period that
will further reduce SO2 emissions; and emissions of
SO2 from EGUs in Alabama are expected to continue to trend
downward.
[[Page 64803]]
EPA proposes to conclude that Alabama has adequately addressed 40
CFR 51.308(h) because the visibility trends at the Sipsey Wilderness
Area and at Class I areas outside of the State potentially impacted by
sources within Alabama and the emissions trends of the largest emitters
of visibility-impairing pollutants in the State indicate that the
relevant RPGs will be met.
III. Proposed Action
EPA is proposing to approve Alabama's June 26, 2018, Regional Haze
Progress Report as meeting the applicable regional haze requirements
set forth in 40 CFR 51.308(g) and 51.308(h).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. This action merely
proposes to approve 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 6, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2018-27357 Filed 12-17-18; 8:45 am]
BILLING CODE 6560-50-P