[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Proposed Rules]
[Pages 6736-6739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03564]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0806; FRL-9990-17-Region 9]
Air Plan Approval; Hawaii; Infrastructure SIP
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) submission from the State of
Hawaii regarding certain Clean Air Act (CAA or ``Act'') requirements
related to the interstate transport for the 2008 ozone national ambient
air quality standards (NAAQS). The interstate transport requirements
consist of several elements; this proposal pertains only to provisions
prohibiting any source or other type of emissions activity in one state
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment and interference with maintenance of the
2008 ozone NAAQS in other states. We are taking comments on this
proposal and plan to follow with a final action.
DATES: Any comments must arrive by April 1, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0806 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, (415) 972-
3856, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Background
A. Interstate Transport
B. State Submittal
II. Interstate Transport Analysis and Evaluation
A. The EPA's Evaluation Approach
B. The HDOH Transport Analysis
C. The EPA's Evaluation of Significant Contribution to
Nonattainment
D. The EPA's Evaluation of Interference With Maintenance
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
Section 110(a)(1) of the CAA requires states to submit SIPs meeting
the applicable requirements of section 110(a)(2) within three years
after promulgation of a new or revised NAAQS or within such shorter
period as the EPA may prescribe. Section 110(a)(2) requires states to
address structural SIP elements such as requirements for monitoring,
basic program requirements, and legal authority that are designed to
provide for implementation, maintenance, and enforcement of the NAAQS.
The EPA refers to the SIP submissions required by these provisions as
``infrastructure SIP'' submissions. Section 110(a) imposes the
obligation upon states to make a SIP submission to the EPA for a new or
revised NAAQS, but the contents of individual state submissions may
vary depending upon the facts and circumstances. This proposed rule
pertains to the infrastructure SIP requirements for interstate
transport of air pollution.
A. Interstate Transport
Section 110(a)(2)(D)(i) of the CAA requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS, or interfere with measures required to
prevent significant deterioration of air quality or to protect
visibility in any other state. This proposed rule addresses the two
requirements under section 110(a)(2)(D)(i)(I), which we refer to as
prong 1 (significant contribution to nonattainment of the NAAQS in any
other state) and prong 2 (interference with maintenance of the NAAQS in
any other state).\1\ The EPA refers to SIP revisions addressing the
requirements of section 110(a)(2)(D)(i)(I) as ``good neighbor SIPs'' or
``interstate transport SIPs.''
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\1\ This proposed action does not address the two elements of
the interstate transport SIP provision in CAA section
110(a)(2)(D)(i)(II) regarding interference with measures required to
prevent significant deterioration of air quality or to protect
visibility in another state or elements associated with section
110(a)(2)(D)(ii) regarding interstate pollution abatement and
international air pollution.
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On March 12, 2008, the EPA revised the levels of the primary and
secondary 8-hour ozone NAAQS, setting them at 0.075 parts per million.
In 2015, the EPA issued an informational memo regarding interstate
transport SIP requirements for the 2008 ozone NAAQS (``Ozone Transport
Memo'').\2\ The Ozone Transport Memo, following the approach used in
the original Cross State Air Pollution Rule (CSAPR),\3\ provided data
identifying ozone monitoring sites in the continental United States
(U.S.) that were projected to be in nonattainment or have maintenance
problems for the 2008 ozone NAAQS in 2018. In 2016, the EPA updated our
ozone transport modeling through the Cross-State Air Pollution Rule
Update (``CSAPR Update'').\4\ As part of this action, we changed the
modeled year to 2017, aligning it with the relevant attainment dates
for the 2008 ozone NAAQS as required by the D.C. Circuit's decision in
North Carolina v. EPA.\5\ This CSAPR modeling did not include the
island state of Hawaii and thus a different approach is used in this
proposal.
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\2\ Memorandum dated January 22, 2015, from Stephen D. Page,
Director, Office of Air Quality Planning and Standards, EPA, to
Regional Air Division Directors, Regions 1-10, ``Information on
Interstate Transport `Good Neighbor' Provision for the 2008 Ozone
National Ambient Air Quality Standards (NAAQS) under Clean Air Act
(CAA) Section 110(a)(2)(D)(i)(I).''
\3\ 76 FR 48208 (August 8, 2011).
\4\ 81 FR 74504 (October 26, 2016). The modeling results are
found in the ``Ozone Transport Policy Analysis Final Rule TSD,''
EPA, August 2016, and an update to the affiliated final CSAPR Update
ozone design value and contributions spreadsheet, entitled Copy of
final_csapr_update_ozone_design_values_contributions.xlsx.
\5\ 531 F.3d 896, 911-12 (D.C. Cir. 2008) (holding that EPA must
coordinate interstate transport compliance deadlines with downwind
attainment deadlines).
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B. State Submittal
The Hawaii Department of Health (HDOH) submitted its proposed good
[[Page 6737]]
neighbor SIP for the 2008 ozone NAAQS in a letter dated June 8,
2015,\6\ as a parallel processing request.\7\ The EPA notified HDOH
that the submittal was complete on June 12, 2015.\8\ HDOH submitted a
final good neighbor SIP (``HDOH Submittal'') on August 6, 2015,\9\
including documentation of public participation meeting the
requirements of CAA section 110(a)(2) and 40 CFR 51.102. The content of
the HDOH Submittal is discussed in section II.B (``The HDOH Transport
Analysis'') of this notice.
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\6\ Letter dated June 8, 2015, from Virginia Pressler, M.D.,
Director of Health, HDOH, to Jared Blumenfeld, Regional
Administrator, U.S. EPA, Region IX.
\7\ Under the EPA's ``parallel processing'' procedure, the EPA
may propose a rulemaking action concurrently with the state's
proposed rulemaking. See 40 CFR part 51, appendix V for more
information.
\8\ Letter dated June 12, 2015, from Colleen McKaughan, Acting
Director, Air Division, EPA Region 9, to Nolan Hirai, HDOH.
\9\ Letter dated August 6, 2015, from Virginia Pressler, M.D.,
Director of Health, HDOH, to Jared Blumenfeld, Regional
Administrator, U.S. EPA Region IX.
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II. Interstate Transport Analysis and Evaluation
A. The EPA's Evaluation Approach
To assess interstate transport for regional pollutants such as fine
particulate matter (PM2.5) or ozone, we typically first
identify the areas that may have problems attaining or maintaining
attainment of the NAAQS. We refer to regulatory monitors that are
expected to exceed the NAAQS under average conditions as
``nonattainment receptors'' and those that may have difficulty
maintaining the NAAQS as ``maintenance receptors.'' Such receptors may
include regulatory monitors operated by states, tribes, or local air
agencies.
In some cases, we have identified these receptors by modeling air
quality in a future year that is relevant to CAA attainment deadlines
for a given NAAQS. This type of modeling has been based on air quality
data, emissions inventories, existing and planned air pollution control
measures, and other information. As previously mentioned in Section
I.A., the EPA modeled air quality in the 48 contiguous states of the
continental U.S. in the CSAPR Update.\10\ This information is used in
this analysis to identify states with nonattainment and maintenance
receptors for the 2008 ozone NAAQS.\11\ To evaluate interstate
transport for the 2008 ozone NAAQS for states in the continental U.S.,
the EPA estimated interstate contributions from and to all other
continental states. The EPA then determined which upwind states
contribute to these identified air quality problems in amounts
sufficient to warrant further evaluation to determine if the state can
make emission reductions to reduce its contribution. The CSAPR Update
used a screening threshold (1% of the NAAQS or 0.75 parts per billion)
to identify contributing upwind states warranting further review and
analysis.
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\10\ The methodology for the EPA's transport modeling for the
2008 ozone is described in the CSAPR Update Rule (81 FR 74504,
October 26, 2016).
\11\ Nonattainment receptors were projected to have 2017 average
design values higher than the 2008 ozone NAAQS and maintenance
receptors were projected to have 2017 maximum design values higher
than the 2008 ozone NAAQS.
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The EPA does not believe that modeling is necessarily required,
particularly for isolated states like Hawaii. A proper and well-
supported weight of evidence approach can provide sufficient
information for purposes of addressing transport with respect to the
2008 ozone NAAQS. In a weight of evidence analysis, no single piece of
information is by itself dispositive of the issue. Instead, the total
weight of all the evidence taken together is used to evaluate
significant contributions to nonattainment or interference with
maintenance of the 2008 ozone NAAQS in another state.
B. The HDOH Transport Analysis
HDOH concluded that Hawaii does not significantly contribute to
nonattainment or interfere with maintenance of the 2008 ozone NAAQS for
another state, citing several factors: The distance from Hawaii to the
continental U.S; the relatively small quantity of ozone precursor
emissions in Hawaii; and an evaluation of ozone transport.
In the HDOH Submittal, the State notes that Hawaii is approximately
2,390 miles from the nearest state, California. It also compares
Hawaii's ozone precursor emissions to those of California. Emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOC)
from Hawaii were 5.0% and 5.9% respectively of California's emissions
in 2008 and 6.8% and 1.3% in 2011.
Appendix 1 to the HDOH Submittal shows trajectories for emissions
from Hawaii's Campbell Industrial Park, which includes a refinery and
power generation facility, based on 2010 meteorological data. The
trajectories initially travel eastward, before turning westward. A very
small fraction of emissions arrives in the continental U.S. more than
two days after release and a slightly larger fraction arrives five days
after release.
C. The EPA's Evaluation of Significant Contribution to Nonattainment
In the modeling performed for the CSAPR Update, the westernmost
projected nonattainment receptors in the U.S. were in California and
Texas.\12\ The nearest California projected nonattainment receptor is
located in Turlock, Stanislaus County, which is 2,389 miles from the
easternmost edge of Hawaii.\13\ The nearest Texas nonattainment
receptor is located in Manvel, Brazoria County, which is 3,765 miles
from Hawaii.\14\
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\12\ Copy of
Final_csapr_update_ozone_design_values_contributions.xlsx.
\13\ Monitor ID 060990006.
\14\ Monitor ID 480391004.
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We have supplemented Hawaii's emission comparison with California
to include Arizona, Colorado, and Texas because Arizona's contribution
to ozone levels in California, Texas, and Colorado was considered in
the EPA's modeling for the CSAPR Update, as explained further
below.\15\ Hawaii's emissions are substantially lower than emissions
from California, Arizona, Colorado, and Texas, as shown in Table 1.\16\
We further note that emissions of ozone precursors in Hawaii decreased
over time.
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\15\ Copy of
final_csapr_updates_ozone_design_values_contributions.xlsx.
\16\ The data were downloaded from the EPA's National Emissions
Inventory Gateway and included in the docket for this action, in a
spreadsheet entitled HI-AZ-CA-CO-TX NOX&VOC 2008-11-
14.xlsx.
[[Page 6738]]
Table 1--Emissions of Ozone Precursors
[Tons per year] \a\
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Pollutant NOX
VOC
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Year.................................................... 2008 \b\ 2011 \b\ 2014 2008 \b\ 2011 \b\ 2014
HI...................................................... 55,447 54,803 43,421 41,724 38,781 34,545
AZ...................................................... 311,197 256,227 229,555 2,118,307 2,270,916 2,016,827
CA...................................................... 1,086,293 770,902 580,053 4,037,072 2,996,891 3,331,126
CO...................................................... 301,556 332,361 282,078 1,084,404 1,331,019 960,549
TX...................................................... 1,729,465 1,384,989 1,326,015 5,853,227 7,597,708 6,634,878
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\a\ Data from EPA's National Emissions Inventory: 2014 Version 2, 2011 Version 2, and 2008 Version 3 (some values for 2011 and 2008 emissions differ
slightly from those provided by HDOH).
\b\ Non-anthropogenic event emissions (e.g., wildfires) were not included in these data.
In the CSAPR Update, the EPA modeled Arizona's 2017 contributions
to nonattainment receptors in El Centro and Los Angeles, California to
be 2.4% and 1.1%, respectively. Although Arizona's contribution to
these receptors in California exceeded the 1% screening threshold, we
concluded that Arizona's contribution was not significant due to the
low total contribution of all upwind states (4.4% at the El Centro
receptor and 2.5% at Los Angeles receptor).\17\ The proposed rule
explained, the ``EPA believes that a 4.4% and 2.5% cumulative ozone
contribution from all upwind states is negligible.'' \18\ Our modeling
estimated Arizona's contribution to all other ozone nonattainment
receptors at less than the 1% threshold for potential significance.\19\
The EPA's conclusions about Arizona's contribution to nonattainment
receptors in California, Texas, and other states further suggests
Hawaii's emissions are unlikely to significantly contribute to those
nonattainment receptors because NOX and VOC emissions from
Arizona are more than five times larger than from Hawaii and more than
2,000 miles closer to the nonattainment receptors.
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\17\ 81 FR 31513 (May 19, 2016).
\18\ 81 FR 15200 (March 22, 2016).
\19\ Copy of
final_csapr_updates_ozone_design_values_contributions.xlsx.
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The trajectory analysis in Appendix 1 of the HDOH Submittal shows
the predominant transport patterns in January and July of 2010 and
supports the conclusion that Hawaii does not contribute to
nonattainment of the 2008 ozone NAAQS in another state. Although the
trajectory analysis was originally prepared in support of Hawaii's
analysis for the 1997 ozone NAAQS, it still provides relevant technical
information on transport patterns for the 2008 ozone NAAQS.
Although the analysis only looked at trajectories for the months of
January and July of 2010, the National Weather Service lists persistent
trade winds from the northeast as a feature of Hawaii's climate from
May to October.\20\ This suggests that the July 2010 metrological data,
which form the basis of the trajectory analysis, would be similar to
the meteorological data for other months from May to October. As the
trajectory analysis shows, Hawaii's summertime emissions can be
expected to travel eastward for at least one day, and often many days,
before turning westward. Additionally, few of the trajectories reach
the continental U.S. Our analysis is focused on summertime transport
because summertime is typically the period of highest ozone
concentrations.
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\20\ US Department of Commerce, National Oceanic and Atmospheric
Association (NOAA). ``Honolulu, HI.'' Pacific Region Headquarters,
NOAA's National Weather Service, www.prh.noaa.gov/hnl/pages/climate_summary.php.
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Based on emissions data and the large distance that separates
Hawaii from the continental U.S., it appears highly unlikely that
emissions from Hawaii impact the ozone nonattainment receptors of
California, Texas, or more distant states. In addition, the comparison
of trajectory modeling results with ozone monitoring data provides
further support for this conclusion. Additionally, emissions of ozone
precursors in Hawaii are trending downward and should be less likely to
impact other states' nonattainment areas in the future.
D. The EPA's Evaluation of Interference With Maintenance
In addition to projected maintenance receptors in California and
Texas, the EPA modeling in the CSAPR Update also projected maintenance
receptors in Colorado.\21\ These maintenance receptors in California,
Colorado, and Texas are located 2,401, 3,245, and 3,649 miles,
respectively, from Hawaii.\22\ The EPA's projected 2017 modeling
estimated Arizona's contribution to be less than 1% of the NAAQS for
all California, Colorado, and Texas maintenance receptors.
Consequently, we determined the emissions from Arizona do not interfere
with maintenance in California, Colorado, or Texas. Because
NOX and VOC emissions from Arizona are five times larger and
more than 2000 miles closer than emissions from Hawaii, we expect that
Hawaii's contribution to these receptors would also be less than 1%.
Therefore, we conclude that emissions of ozone precursors in Hawaii are
unlikely to interfere with maintenance receptors in California,
Colorado, Texas, or any other state. This conclusion is also supported
by the prevailing wind directions as documented by Hawaii's trajectory
analysis.
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\21\ Copy of
final_csapr_updates_ozone_design_values_contributions.xlsx.
\22\ Monitor ID 060610006, in Roseville, Placer County,
California; Monitor ID 080590011 in Applewood, Jefferson County
Colorado; and Monitor ID 481210034, in Denton, Denton County, Texas.
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III. The EPA's Proposed Action
Based on our review of the HDOH Submittal and the additional
analysis discussed in this notice, we propose to find that emissions
from Hawaii do not significantly contribute to nonattainment or
interfere with maintenance of the 2008 ozone NAAQS in any other state.
Accordingly, we propose to approve the HDOH Submittal as satisfying the
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone
NAAQS.
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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided they meet the criteria of the Act. Accordingly, this proposed
action merely proposes to approve state law as meeting federal
requirements and does
[[Page 6739]]
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 Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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 the 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, Incorporation by
reference, Infrastructure SIP, Interstate transport, Nitrogen oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 1, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-03564 Filed 2-27-19; 8:45 am]
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