[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1021-1025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0791; FRL-9988-43-Region 1]
Air Plan Approval; Massachusetts; 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 to
approve the Massachusetts regional haze progress report submitted as a
State Implementation Plan (SIP) revision on February 9, 2018. This
revision addresses the requirements of the Clean Air Act and its
implementing regulations that states submit periodic reports describing
progress toward reasonable progress goals established for regional haze
and a determination of adequacy of the state's existing regional haze
SIP. Massachusetts' progress report notes that Massachusetts has
implemented the measures in the regional haze SIP due to be in place by
the date of the progress report and that visibility in the federal
Class I areas affected by emissions from Massachusetts is improving and
has already met the applicable reasonable progress goals for 2018. The
EPA is proposing approval of Massachusetts' determination that the
Commonwealth's
[[Page 1022]]
regional haze SIP is adequate to meet these reasonable progress goals
for the first implementation period, which extends through 2018, and
requires no substantive revision at this time.
DATES: Written comments must be received on or before March 4, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0791 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the 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. The 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, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, tel.
(617) 918-1697, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. EPA's Evaluation of Massachusetts' SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the reasonable progress
goals (RPGs) for each mandatory Class I federal area \1\ (Class I area)
within the state and in 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 report, a
determination of adequacy of the state's existing regional haze SIP.
The progress report SIP for the first planning period is due five years
after submittal of the initial regional haze SIP. On December 30, 2011,
the Massachusetts Department of Environmental Protection (MassDEP)
submitted the Commonwealth's first regional haze SIP in accordance with
40 CFR 51.308.\2\ On February 9, 2018, MassDEP submitted, as a revision
to its SIP, its progress report which detailed the progress made in the
first planning period toward the implementation of the Long Term
Strategy (LTS) outlined in the 2011 regional haze submittal, the
visibility improvement measured at Class I areas affected by emissions
from Massachusetts, and a determination of the adequacy of the
Commonwealth's existing regional haze SIP. The EPA is proposing to
approve Massachusetts' February 9, 2018 SIP submittal.
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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.
\2\ On September 19, 2013, EPA approved the Massachusetts
regional haze SIP submittal. See 78 FR 57487.
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II. EPA's Evaluation of Massachusetts' SIP Revision
MassDEP's report on progress made in the first implementation
period toward reasonable progress goals for all Class I areas affected
by emission from sources in Massachusetts (also known as a regional
haze five-year progress report) was submitted to the EPA as a SIP
revision. This progress report SIP submittal also included a
determination that the Commonwealth's existing regional haze SIP
requires no substantive revision to achieve the established regional
haze visibility improvement and emission reduction goals for 2018.
Massachusetts is a member of the Mid-Atlantic/Northeast Visibility
Union (MANE-VU).\3\ The MANE-VU area contains seven Class I areas in
four States: Moosehorn Wilderness Area, Acadia National Park, and
Roosevelt Campobello International Park in Maine; Presidential Range/
Dry River Wilderness Area and Great Gulf Wilderness Area in New
Hampshire; Brigantine Wilderness Area in New Jersey; and Lye Brook
Wilderness Area in Vermont. There are no Class I areas in
Massachusetts. Through source apportionment modeling, MANE-VU assisted
states in determining their contribution to the visibility impairment
of each Class I area in the MANE-VU region and nearby Class I areas
outside of MANE-VU. Massachusetts emissions were found to contribute to
visibility impairment at each of the MANE-VU Class I areas, with the
exception of Brigantine Wilderness Area in New Jersey. See 77 FR 30932
(May 24, 2012).
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\3\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, St. Regis
Mohawk Tribe and Vermont.
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Through the consultation process, Massachusetts agreed to reduce
emissions by at least the amount obtained by the measures in the
coordinated course of action agreed to by MANE-VU to assure reasonable
progress toward preventing any future, and remedying and existing,
impairment of visibility in the mandatory Class I areas within the
MANE-VU region. These strategies are commonly referred to as the MANE-
VU ``ask.'' The MANE-VU ``ask'' includes: A timely implementation of
best available retrofit technology (BART) requirements, 90 percent or
more reduction in sulfur dioxide (SO2) at 167 electrical
generating units (EGUs) ``stacks'' identified by MANE-VU (or comparable
alternative measures), lower sulfur fuel oil (with limits specified for
each state) and continued evaluation of other control measures.\4\ In
summary, Massachusetts is on track to fulfill the
[[Page 1023]]
MANE-VU ``ask'' by adopting and implementing an alternative to the
BART,\5\ reducing SO2 emissions at identified stacks, and
implementing the low sulfur in fuel strategy.
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\4\ The MANE-VU ``ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at Northeastern Class I areas and electrical generating
units comprised the largest SO2 emission sector. See
``Regional Haze and Visibility in the Northeast and Mid-Atlantic
States,'' January 31, 2001.
\5\ The Massachusetts alternative to BART strategy is comprised
of a combination of source retirements, emission limits for various
EGUs, and sulfur in fuel requirements. For more details see 77 FR
30932 (May 24, 2012).
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A. Regional Haze Progress Report
This section includes the EPA's analysis of MassDEP's progress
report SIP submittal and an explanation of the basis of our proposed
approval.
The 2011 Massachusetts regional haze SIP included the following key
measures: BART determinations for two municipal waste combustors, an
EGU alternative to BART strategy, SO2 emission reductions
from ten targeted EGU stacks, and an adopted regulation which reduces
the sulfur content of #2 distillate oil and #4/#6 residual oil. EPA's
analysis of the Massachusetts regional haze SIP for the first planning
period can be found at 77 FR 30932 (May 24, 2012) and will not be
restated here.
Table 3.1 of the Massachusetts progress report details the status
of units subject to BART and the alternative to BART. All units have
either been retired or have adopted permit revisions to implement BART
or Alternative to BART. Table 3.2 of the Massachusetts progress report
shows that the actual 2017 SO2 and NOX reductions
are 99% and 97%, respectively, of the 2018 alternative to BART
reduction target. Similarly, Table 3.3 shows a 99% reduction in
SO2 from the targeted EGUs, far surpassing the expected 90%
reduction.
Massachusetts also adopted the MANE-VU low sulfur strategy. EPA
approved the Massachusetts low sulfur in fuel regulation concurrent
with EPA's approval of the Massachusetts regional haze SIP. See 78 FR
57487 (September 19, 2013).
EPA is proposing to find that MassDEP has adequately addressed the
applicable provisions under 40 CFR 51.308(g) with the demonstrated
implementation of measures within Massachusetts, including implementing
the alternative to BART.
During the development of the regional haze SIP for the first
planning period, MANE-VU and MassDEP determined that SO2 was
the greatest contributor to anthropogenic visibility impairment at
nearby Class I areas. Therefore, the bulk of the visibility improvement
achieved in the first planning period was expected to be from
reductions in SO2 emissions. Table 4.1 of the 2018 progress
report presents data from statewide Massachusetts emission inventories
developed for the years 2002, 2011, 2014, and projected inventories for
2018 for SO2, nitrogen oxides (NOX), and fine
particulates with diameters that are generally less than 2.5
micrometers (PM2.5). From 2002 through 2014, the
Commonwealth's overall SO2 emission were reduced from
134,824 tons to 19,882 tons of SO2, below the 2018
projection of 60,061 tons SO2. For NOX, from 2002
to 2014, the Commonwealth achieved an overall 54% reduction in
NOX from 266,098 tons to 120,054 tons. The 2018
NOX projection for 2018 was 126,510 tons. Finally, from 2002
to 2014, PM2.5 emissions were reduced from 53,000 tons to
39,000 tons, once again surpassing the 40,956 tons PM2.5
projection for 2018.
EPA finds that Massachusetts has adequately addressed the
applicable provisions under 40 CFR 51.308(g). MassDEP compared the most
recently updated emissions inventory data available at the time of
development of the progress report with the baseline emissions
inventory data from its regional haze SIP. The progress report
appropriately details the 2014 SO2, NOX, and
PM2.5 reductions achieved, by sector, thus far in the
regional haze planning period.
The provisions under 40 CFR 51.308(g) also require that states with
Class I areas within their borders to 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. Massachusetts has no Class I
areas, but the Class I areas affected by emissions from Massachusetts
have visibility conditions better than baseline conditions and
conditions predicted for 2018. The Interagency Visual Environmental
monitoring program (IMPROVE) provides data on the air pollutants that
constitute regional haze. The MassDEP progress report includes data
from the IMPROVE sites at Class I areas affected by emissions from
Massachusetts. Tables 1 and 2 below show the progress from the baseline
2000-2004 five-year average visibility through the most recent 2012-
2016 five-year period for the 20% haziest days and 20% cleanest days.
Table 1--20% Haziest Days Baseline, Reasonable Progress Goals, and Observed Visibility in Deciviews (dv)
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Reasonable 5-Year average
Class I Area IMPROVE * site Baseline (2000- progress goal observed (2012- Met the 2018 progress
2004) (2018) 2016) goal?
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Acadia National Park (ME).............. 22.9 19.4 17.4 Yes.
Great Gulf Wilderness (NH)............. 22.8 19.1 16.4 Yes.
Presidential Range-Dry River Wilderness .............. .............. ..............
(NH).
Lye Brook Wilderness (VT).............. 24.4 20.9 18.0 Yes.
Moosehorn Wilderness (ME).............. 21.7 19.0 16.3 Yes.
Roosevelt Campobello International Park .............. .............. ..............
(ME).
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Table 2--20% Cleanest Days Baseline, Reasonable Progress Goals, and Observed Visibility in Deciviews (dv)
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Reasonable 5-Year average
Class I Area IMPROVE* site Baseline (2000- progress goal observed (2012- Met the 2018 progress
2004) (2018) 2016) goal?
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Acadia National Park (ME).............. 8.78 8.3 6.6 Yes.
Great Gulf Wilderness (NH)............. 7.7 7.2 6.7 Yes.
[[Page 1024]]
Presidential Range-Dry River Wilderness .............. .............. ..............
(NH).
Lye Brook Wilderness (VT).............. 6.4 5.5 5.1 Yes.
Moosehorn Wilderness (ME).............. 9.2 8.6 6.7 Yes.
Roosevelt Campobello International Park .............. .............. ..............
(ME).
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*Data from Tracking Visibility Progress 2004-2016, as posted at http://www.maine.gov/dep/ftp/MVTSC/RH_METRICS_TRENDS/ on January 30, 2018.
EPA notes the substantial improvement in visibility at Class I
Areas impacted by Massachusetts emissions. These Class I areas have met
the RPGs for the first regional haze planning period.
EPA proposes to find Massachusetts provided the required
information regarding visibility conditions to meet the applicable
requirements under 40 CFR 51.308(g), specifically providing baseline
visibility conditions (2000-2004) and current conditions based on
IMPROVE monitoring data (2012-2016), and an assessment of the change in
visibility impairment at nearby Class I areas.
In its progress report SIP, MassDEP presents data from statewide
emissions inventories developed for the years 2002, 2011, and 2014 with
projected inventories for 2018 for SO2, NOX, and
PM2.5. Massachusetts' emission categories include the
following source categories: EGU point, non-EGU point, point, area, on-
road mobile, and non-road mobile. The 2014 emissions for all pollutants
of concern and all source sectors were below the projections for 2018
contained in the regional haze SIP. Reductions achieved by 2014 are 54%
for NOX, 85% for SO2, and 25% for
PM2.5.
EPA is proposing to find that MassDEP adequately addressed the
provisions of 40 CFR 51.308(g). The progress report compared the most
recent updated emission inventory data available at the time of the
development of the progress report with baseline emissions used in the
modeling for the regional haze SIP.
In its progress report SIP, Massachusetts did not find any
significant changes in emissions of SO2, NOX, and
PM2.5 which might impede or limit progress during the first
planning period. As noted earlier, haze at Class I areas affected by
Massachusetts emissions has improved to levels to meet or exceed the
RPG. EPA therefore proposes to approve MassDEP's 2018 SIP submission.
In its progress report SIP, Massachusetts concludes the elements
and strategies relied on in its original regional haze SIP are
sufficient to enable Massachusetts and neighboring states to meet all
established RPGs. As shown in Table 1 above, visibility on the most
impaired days from 2000 through 2016 has improved at all Class I areas
affected by emissions from Massachusetts (and all RPGs have already
been met.)
EPA proposes to agree with MassDEP's conclusion that Massachusetts
has adequately addressed the provisions for the first planning period
progress report. EPA views this requirement as an assessment that
should evaluate emissions and visibility trends and other readily
available information. In its progress report, MassDEP described the
improving visibility trends using data from the IMPROVE network and the
downward emission trends in key pollutants in the Commonwealth. MassDEP
determined its regional haze SIP is sufficient to meet the RPGs for the
Class I areas impacted by the Commonwealth's emissions.
Massachusetts does not have any Class I areas and is not required
to monitor for visibility-impairing pollutants. The Massachusetts
visibility monitoring strategy relies upon Class I area participation
in the IMPROVE network. EPA proposes to find that Massachusetts has
adequately addressed the requirements for a monitoring strategy for
regional haze and proposes to determine no further modifications to the
monitoring program are necessary.
B. Determination of Adequacy of Existing Regional Haze Plan
In its progress report, MassDEP submitted a negative declaration to
EPA regarding the need for additional actions or emission reductions in
Massachusetts beyond those already in place and those to be implemented
by 2018 according to the Massachusetts regional haze plan.
In the 2018 SIP submittal, MassDEP determined the existing regional
haze SIP requires no further substantive revision at this time to
achieve the RPGs for the Class I areas affected by the Commonwealth's
sources. The basis for the Commonwealth's negative declaration is the
finding that visibility has improved at all Class I areas in the MANE-
VU region. In addition, SO2 and PM2.5 emissions
for the latest emission inventory for Massachusetts have decreased to
levels below projections for 2018.
EPA proposes to conclude that MassDEP has adequately addressed the
provisions under 40 CFR 51.308(h) because visibility and emission
trends indicate that Class I areas impacted by Massachusetts sources
are meeting or exceeding the RPGs for 2018.
III. Proposed Action
EPA is proposing to approve Massachusetts' regional haze progress
report as meeting the requirements of 40 CFR 51.308(g) and (h). EPA is
soliciting public comments on the issues discussed in this notice or on
other relevant matters. These comments will be considered before taking
final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to this proposed
rulemaking by following the instructions listed in the ADDRESSES
section of this Federal Register.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under
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Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant 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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 21, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2019-00657 Filed 1-31-19; 8:45 am]
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