81_FR_39101 81 FR 38986 - Air Plan Approval; North Carolina; Regional Haze Progress Report

81 FR 38986 - Air Plan Approval; North Carolina; Regional Haze Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range38986-38992
FR Document2016-14036

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of North Carolina through the North Carolina Division of Air Quality (NC DAQ) on May 31, 2013. North Carolina's May 31, 2013, 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 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 North Carolina's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 38986-38992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0449; FRL-9947-62-Region 4]


Air Plan Approval; North Carolina; Regional Haze Progress Report

AGENCY: Environmental Protection Agency.

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 North Carolina through the North Carolina Division of Air 
Quality (NC DAQ) on May 31, 2013. North Carolina's May 31, 2013, 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 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 North Carolina's Progress Report 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 July 15, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0449 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: Sean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 and 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Regional Haze Rule,\1\ each state was required to submit 
its first implementation plan addressing regional haze visibility 
impairment to EPA no later than December 17, 2007. See 40 CFR 
51.308(b). North Carolina submitted its regional haze plan on that 
date, and like many other states subject to the Clean Air Interstate 
Rule (CAIR), relied on CAIR to satisfy best available retrofit 
technology (BART) requirements for emissions of sulfur dioxide 
(SO2) and nitrogen oxides (NOX) from electric 
generating units (EGUs) in the State. On June 7, 2012, EPA finalized a 
limited disapproval of North Carolina's December 17, 2007 regional haze 
plan submission because of deficiencies arising from the State's 
reliance on CAIR to satisfy certain regional haze requirements. See 77 
FR 33642. In a separate action taken on June 27, 2012, EPA finalized a 
limited approval of North Carolina's December 17, 2007, regional haze 
plan submission, as meeting some of the applicable regional haze 
requirements as set forth in sections 169A and 169B of the CAA and in 
40 CFR 51.300-51.308. See 77 FR 38185. On October 31, 2014, the State 
submitted a regional haze plan revision to correct the deficiencies 
identified in the June 27, 2012, limited disapproval by replacing 
reliance on CAIR with reliance on the State's Clean Smokestacks Act 
(CSA) as an alternative to NOX and SO2 BART for 
BART-eligible EGUs formerly subject to CAIR. EPA approved that SIP 
revision on May 13, 2016, resulting in a full approval of North 
Carolina's regional haze plan.
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    \1\ 40 CFR part 51, subpart P.
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    Each state is also 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 for 
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). Each 
state is also required to submit, at the same time as the progress 
report, a determination of the adequacy of its existing regional haze 
plan. See 40 CFR 51.308(h). The first progress report is due five years 
after submittal of the initial regional haze plan.
    On May 31, 2013, as required by 40 CFR 51.308(g), NC DAQ submitted 
to EPA, in the form of a revision to North Carolina's SIP, a report on 
progress made towards the RPGs for Class I areas in the State and for 
Class I areas outside the State that are affected by emissions from 
sources within the State. This submission also includes a negative 
declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional 
haze plan is sufficient in meeting the requirements of the Regional 
Haze Rule (40 CFR 51.300 et seq.). EPA is proposing to approve North 
Carolina's Progress Report on the basis that it satisfies the 
requirements of 40 CFR 51.308(g) and (h) now that EPA has fully 
approved the State's regional haze plan.

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

A. Regional Haze Progress Report

    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 below, 40 CFR 51.308(g) requires: (1) A 
description of the status of measures in the approved regional haze 
plan; (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 plan; and 
(7) a review of the state's visibility monitoring strategy.

[[Page 38987]]

B. Adequacy Determinations of the Current Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report, a determination of the adequacy of their 
existing regional haze plan and to take one of four possible actions 
based on information in the progress report. As described in further 
detail in section III below, 40 CFR 51.308(h) requires states to: (1) 
Submit a negative declaration to EPA that no further substantive 
revision to the state's existing regional haze plan is needed; (2) 
provide notification to EPA (and to other state(s) that participated in 
the regional planning process) if the state determines that its 
existing regional haze plan 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 plan 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 plan to 
address deficiencies within one year if the state determines that its 
existing regional haze plan is or may be inadequate to ensure 
reasonable progress in one or more Class I areas due to emissions from 
sources within the state.

III. What is EPA's analysis of North Carolina's regional haze progress 
report and adequacy determination?

    On May 31, 2013, NC DAQ submitted a revision to North Carolina's 
regional haze plan to address progress made towards the RPGs for Class 
I areas in the State and for Class I areas outside the State that are 
affected by emissions from sources within North Carolina. This 
submittal also includes a determination of the adequacy of the State's 
existing regional haze plan. North Carolina has five Class I areas 
within its borders: Great Smoky Mountains National Park (GSMNP), Joyce 
Kilmer-Slickrock Wilderness Area (JOKI), Linville Gorge Wilderness Area 
(LIGO), Shining Rock Wilderness Area (SHRO), and Swanquarter Wildlife 
Refuge (SWAN). Both the Great Smoky Mountains and Joyce Kilmer-
Slickrock Areas are located in North Carolina and Tennessee. In its 
regional haze plan, the State also identified, through an area of 
influence modeling analysis based on back trajectories, one Class I 
area in one neighboring state potentially impacted by North Carolina 
sources: James River Face Wilderness Area in Virginia. See 77 FR 11858, 
11869 (February 28, 2012).

A. Regional Haze Progress Report

    The following sections summarize: (1) Each of the seven elements 
that must be addressed by a progress report under 40 CFR 51.308(g); (2) 
how North Carolina's Progress Report addressed each element; and (3) 
EPA's analysis and proposed determination as to whether the State 
satisfied each element.
1. Status of Control Measures
    40 CFR 51.308(g)(1) requires a description of the status of 
implementation of all measures included in the regional haze plan for 
achieving RPGs for Class I areas both within and outside the state.
    The State evaluated the status of measures included in its 2007 
regional haze plan in accordance with 40 CFR 51.308(g)(1). 
Specifically, in its Progress Report, North Carolina 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 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 and 
state control strategies for EGUs.\2\ The State also discusses the 
status of several measures that were not included in the final VISTAS 
emissions inventory and were not relied upon in the initial regional 
haze plan to meet RPGs. The State notes that the emissions reductions 
from these measures will help ensure Class I areas impacted by North 
Carolina sources achieve their RPGs. In aggregate, as noted in sections 
III.A.2 and III.A.6 of this document, the emissions reductions from the 
identified measures are expected to exceed the emissions reductions 
projected in North Carolina's regional haze plan.
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    \2\ North Carolina's progress report discusses the status of 
CAIR, CSAPR, and the CSA as of the date of submission. As noted 
above, North Carolina subsequently submitted a SIP revision to 
replace its reliance on CAIR as NOX and SO2 
BART for BART-eligible units formerly subject to CAIR with reliance 
on the CSA as a BART Alternative, and EPA approved that SIP revision 
on May 13, 2016.
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    EPA proposes to find that North Carolina's analysis adequately 
addresses 40 CFR 51.308(g)(1) for the reasons discussed below. The 
State documents the implementation status of measures from its regional 
haze plan in addition to describing additional measures not originally 
accounted for in the final VISTAS emissions inventory that came into 
effect since the VISTAS analyses for the regional haze plan were 
completed. The State's Progress Report also provides detailed 
information on EGU control strategies in its regional haze plan and the 
status of existing and future expected controls for North Carolina's 
EGUs because, in its regional haze plan, North Carolina identified 
SO2 emissions from coal-fired EGUs as the key contributor to 
regional haze in the VISTAS region. North Carolina discusses the status 
of the CSA, which the State identified as the primary state control 
strategy in its regional haze plan, and the resulting emissions 
reductions.\3\ Under the CSA, power plants were required to reduce 
their NOX emissions by 77 percent in 2009 and their 
SO2 emissions by 73 percent in 2013. The State notes that 
all of the CSA subject units are controlled with a scrubber for 
SO2 control and a selective catalytic reduction unit or a 
selective non-catalytic reduction for NOX control, or have 
retired, which will result in more SO2 and NOX 
emissions reductions than those projected in the regional haze plan.
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    \3\ According to the State, in 2011, regulated sources under the 
CSA emitted 73,454 tons per year (tpy) of SO2 and 39,284 
tpy of NOX, well below the CSA's annual emissions caps 
for SO2 and NOX. The State also notes that the 
2018 current emissions projection of SO2 from the sources 
subject to CSA is 18,420 tpy, which is approximately 80 percent 
lower than the original 2018 projections used in the North Carolina 
regional haze plan.
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2. Emissions Reductions and Progress
    40 CFR 51.308(g)(2) requires a summary of the emissions reductions 
achieved in the state through the measures subject to 40 CFR 
51.308(g)(1).
    In its regional haze plan and Progress Report, North Carolina 
focuses its assessment on SO2 emissions from EGUs because of 
VISTAS' findings that ammonium sulfate accounted for more than 70 
percent of the visibility-impairing pollution in the VISTAS states and 
that SO2 point source emissions in 2018 represent more than 
95 percent of the total SO2 emissions in the State.\4\ As 
discussed in section III.A.5, below, North Carolina determined that 
sulfates continue to be the largest contributor to regional haze for 
Class I areas in the State.
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    \4\ For additional information, see North Carolina's December 
17, 2007, regional haze plan at page 24.
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    In its Progress Report, North Carolina presents SO2 
emissions data for EGUs in the State and notes that North Carolina's 
EGU sector represents over 50 percent of statewide SO2 
emissions from stationary

[[Page 38988]]

sources. SO2 emissions reductions from 2002 to 2011 for 
North Carolina EGUs (387,373 tpy) are greater than the SO2 
emissions reductions from 2002 to 2018 estimated in North Carolina's 
regional haze plan for these EGUs (367,528 tpy). Additionally, the 
State updated the 2018 SO2 emissions projections for North 
Carolina EGUs in its regional haze plan. These updated 2018 
SO2 EGU emissions projections are approximately 80 percent 
lower than the projected 2018 SO2 emissions in the regional 
haze plan.\5\
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    \5\ See page 32 of the May 31, 2013, submission.
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    North Carolina states that coal-fired EGUs in North Carolina 
emitted a total of 370,000 tpy of SO2 in 2007, whereas in 
2011, these same EGUs emitted a total of 73,000 tpy of SO2, 
a reduction of 297,000 tpy, due largely to the installation and 
operation of scrubbers. The State expects that future SO2 
emissions will decline further from more natural gas use and the 
continued retirement of older, smaller coal-fired EGUs without 
scrubbers. NOX emissions from these EGUs dropped from a 
total of approximately 57,400 tpy in 2007 to approximately 39,300 tpy 
of NOX in 2011, an 18,100 tpy reduction.
    North Carolina identified the retirement of over 100 EGUs at 35 
facilities located in eight nearby states that VISTAS modeling 
indicates potentially impact visibility in North Carolina's Class I 
areas. These units emitted more than 550,000 tpy of SO2 in 
2011. The State believes that this is another indicator that the Class 
I areas in North Carolina are on track to meet their RPGs. North 
Carolina also discussed the SO2 emissions reductions that 
occurred at non-EGU facilities identified in its regional haze plan as 
contributing one percent or more to visibility impairment at any Class 
I area.
    EPA proposes to conclude that North Carolina has adequately 
addressed 40 CFR 51.308(g)(2). As discussed above, the State provides 
estimates, and where available, actual emissions reductions of 
visibility-impairing pollutants resulting from the measures relied upon 
in its regional haze plan. The State appropriately focused on 
SO2 emissions from its EGUs in its Progress Report because 
the State had previously identified these emissions as the most 
significant contributors to visibility impairment at North Carolina's 
Class I areas and those areas that North Carolina sources impact.
3. Visibility Progress
    40 CFR 51.308(g)(3) requires 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: \6\ (i) Current visibility conditions; (ii) the 
difference between current visibility conditions and baseline 
visibility conditions; and (iii) the change in visibility impairment 
over the past five years.
    North Carolina provides figures with visibility monitoring data 
that address the three requirements of 40 CFR 51.308(g)(3) for the 
State's five Class I areas. North Carolina reported current conditions 
as the 2006-2010 five-year time period and used the 2000-2004 baseline 
period for its Class I areas.\7\ Table 1, below, shows the current 
visibility conditions and the difference between current visibility 
conditions and baseline visibility conditions.
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    \6\ The ``most impaired days'' and ``least impaired days'' in 
the regional haze refers to the average visibility impairment 
(measured in deciviews) for the 20 percent of monitored days in a 
calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. 40 CFR 
51.301.
    \7\ 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, Current Visibility, and Visibility Changes in Class I Areas in North Carolina
----------------------------------------------------------------------------------------------------------------
                                                                  Baseline (2000- Current (2009-
                          Class I area                                 2004)           2013)        Difference
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                                                 20% Worst Days
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Great Smoky Mountain National Park..............................            30.3            26.6            -3.7
Joyce Kilmer-Slickrock..........................................            30.3            26.6            -3.7
Linville Gorge..................................................            28.6            25.1            -3.5
Shining Rock....................................................            28.5            25.8            -2.7
Swanquarter.....................................................            24.7            24.2            -0.5
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                                                  20% Best Days
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Great Smoky Mountain National Park..............................            13.6            12.3            -1.3
Joyce Kilmer-Slickrock..........................................            13.6            12.3            -1.3
Linville Gorge..................................................            11.1              11            -0.1
Shining Rock....................................................             8.2            7.25           -0.95
Swanquarter.....................................................              12            12.9             0.9
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    All North Carolina Class I areas saw an improvement in visibility 
on the 20 percent worst days from 2006-2010 and between baseline and 
2006-2010 conditions. All North Carolina Class I areas except for 
Swanquarter Wildlife Refuge saw an improvement in visibility on the 20 
percent best days from 2006-2010 and between baseline and 2006-2010 
conditions.
    At Swanquarter, a 0.9 dv increase was recorded in the 20 percent 
best-day average between 2006-2010 conditions (12.9 dv) and the 2000-
2004 baseline (12.0 dv). This could be due, in part, to the fact that 
the visibility data for 2008 at Swanquarter did not meet EPA's data 
completeness criteria and was therefore removed from the 2006-2010 
average, resulting in a four-year average during this review period.\8\ 
Regardless, North Carolina believes that planned changes to operating 
status and emission controls on large sources within the Swanquarter 
area of influence provide sufficient evidence that by 2018, the 20 
percent best days will be protected.\9\ Furthermore, the 20 percent 
best-day average at Swanquarter has continued to improve, dropping to 
12.2 dv for 2007-2011.\10\ Based on the visibility data reported in the 
Western Regional Air

[[Page 38989]]

Partnership Technical Support System, the 20 percent best-day five year 
averages have continued to improve through 2014 and have dropped below 
the baseline beginning with the 2008-2012 average.\11\
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    \8\ See USEPA (2003) ``Guidance for Tracking Progress Under the 
Regional Haze Rule,'' http://www.epa.gov/ttn/oarpg/t1/memoranda/rh_tpurhr_gd.pdf, pp. 2-8.
    \9\ See pp. 43-49 of the May 31, 2013, submission.
    \10\ See pp. 41-42 of the May 31, 2013, submission.
    \11\ See http://vista.cira.colostate.edu/tss/Results/HazePlanning.aspx Web site for dv between 2011-2014.
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    North Carolina's Progress Report includes revised RPGs for the five 
Class I areas within the State. North Carolina's original RPGs were 
based on the VISTAS modeling run available at the time of the 2007 SIP 
revision. In 2008, VISTAS provided updated modeling results that 
changed the modeled progress for North Carolina's Class I areas. North 
Carolina seeks to include revised RPGs that reflect this modeled 
progress. Table 2 identifies the RPGs for North Carolina's Class I 
areas in the State's regional haze plan and the updated RPGs proposed 
in its Progress Report.

                            Table 2--Updated RPGs for North Carolina's Class 1 Areas
                                                   [Deciviews]
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                                            RPG 20% worst                       RPG 20% best
                                             days (2007       RPG 20% worst      days (2007       RPG 20% best
              Class I areas                 regional haze      days (2013       regional haze      days (2013
                                                plan)       progress report)        plan)       progress report)
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GSMNP...................................              23.7              23.5              12.2              12.1
JOKI....................................              23.7              23.5              12.2              12.1
LIGO....................................              22.0              21.7               9.6               9.5
SHRO....................................              22.1              21.9               6.9               6.9
SWAN....................................              20.4              20.3              11.0              10.9
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    EPA proposes to approve the updated RPGs for North Carolina's Class 
I areas because they reflect more recent modeling. Also, EPA proposes 
to conclude that North Carolina has adequately addressed 40 CFR 
51.308(g)(3) because the State provides the information regarding 
visibility conditions and visibility changes necessary to meet the 
requirements of the regulation. The Progress Report includes current 
conditions based on the Interagency Monitoring of Protected Visual 
Environments (IMPROVE) monitoring data for the years 2006-2010, the 
difference between current visibility conditions and baseline 
visibility conditions, and the change in visibility impairment over the 
five-year period 2006-2010.
4. Emissions Tracking
    40 CFR 51.308(g)(4) requires an analysis tracking emission 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, North Carolina presents data from statewide 
actual emissions inventories for 2008 and projected emissions 
inventories developed for the years 2009 and 2010. The State compares 
these data to the baseline emissions inventory for 2002. The pollutants 
inventoried include volatile organic compounds (VOC), NOX, 
fine particulate matter (PM2.5), and SO2. The 
emissions inventories include the following source classifications: 
Point, area, non-road mobile, and on-road mobile sources.
    North Carolina includes the emissions inventories from the regional 
haze plan for 2002 and 2009, and summarizes emissions data from EPA's 
2008 National Emissions Inventory. North Carolina's analysis shows that 
2008 emissions are lower than 2002 emissions. North Carolina estimates 
on-road mobile source emissions in the 2008 and 2010 inventories using 
the MOVES2010a model. This model tends to estimate higher emissions 
than its previous counterpart, the MOBILE6 model used by the State to 
estimate on-road mobile source emissions for the 2002 and 2009 
inventories, especially for NOX emissions. North Carolina 
has concluded that MOVES model predictions for NOX can be 
1.7 to 2.1 times higher than MOBILE6. Despite the change in 
methodology, a declining trend in all pollutants can be seen between 
2002 and 2008 as seen in Table 4.
    North Carolina also includes an emission inventory for 2010 in its 
Progress Report. The State estimates 2010 point source emissions by 
taking the emissions reported by sources for 2010 and adding the latest 
emissions for the small sources that only report emissions every five 
years. This procedure differs from the procedure used by the State in 
its regional haze plan that included only those sources that reported 
emissions in 2002. In its 2010 inventory, North Carolina estimated that 
small sources that did not report contribute one percent of total 
NOX emissions, seven percent of total VOC emissions, one 
percent of total SO2 emissions, and seven percent of total 
PM2.5 emissions. North Carolina estimates area source 
emissions by growing the existing 2007 emissions inventory to 2010 and 
estimates non-road mobile source emissions using the EPA's NONROAD2008 
model for those sources covered by the model and growing the 2007 
airport, locomotive, and commercial marine emissions to 2010.
    North Carolina estimates on-road mobile source emissions for 2010 
using MOVES2010a with the latest vehicle miles traveled (VMT) and speed 
data. If 2010 speeds and VMT were not available for a particular 
county, interpolated or projected 2010 data was used. Using MOVES2010a, 
the on-road mobile emissions are higher than those that would be 
predicted using the older model. As seen in Tables 3 and 5, the 2010 
emissions inventory is significantly lower than the 2002 emissions 
inventory despite including additional stationary point sources and the 
use of MOVES, which predicts higher NOX emissions than its 
predecessor MOBILE6.2.

[[Page 38990]]



                          Table 3--2002 Emissions Inventory Summary for North Carolina
                                                      [tpy]
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                 Source category                        VOC             NOX             SO2            PM2.5
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Point...........................................          61,484         196,731         522,093          26,953
Area............................................         250,044          41,517           5,815          83,520
On-road Mobile..................................         263,766         327,329          12,420           4,623
Non-road Mobile.................................          94,480          84,284           7,693           7,348
                                                 ---------------------------------------------------------------
    Total.......................................         669,774         649,861         548,021         122,444
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                         Table 4--Actual 2008 Annual Emission Summary for North Carolina
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                 Source category                        VOC             NOX             SO2            PM2.5
----------------------------------------------------------------------------------------------------------------
Point...........................................          39,053          97,879         274,541          27,987
Area............................................         149,264          43,672          13,937          48,807
On-road Mobile..................................         122,503         253,849           1,190           7,895
Non-road Mobile.................................          72,754          52,469             980           4,924
                                                 ---------------------------------------------------------------
    Total.......................................         383,573         447,869         290,648          89,613
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                          Table 5--2010 Emissions Inventory Summary for North Carolina
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                 Source category                        VOC             NOX             SO2            PM2.5
----------------------------------------------------------------------------------------------------------------
Point...........................................          42,504          90,155         151,210          13,966
Area............................................          83,274          11,353           5,105          23,114
On-road Mobile..................................         101,731         256,381           1,205           8,905
Non-road Mobile.................................          66,773          65,353           2,829           5,455
                                                 ---------------------------------------------------------------
    Total.......................................         294,281         423,242         160,350          51,441
----------------------------------------------------------------------------------------------------------------

    When comparing the 2010 emissions (Table 5) with the projected 2009 
emissions (Table 6), the total emissions of each pollutant are lower in 
2010 with the exception of NOX. The slight increase in 2010 
NOX emissions is likely due to the use of MOBILE6 to 
estimate on-road mobile source NOX emissions for 2009 and 
the use of MOVES to estimate on-road mobile source NOX 
emissions for 2010. As noted above, MOVES predicts higher 
NOX emissions than MOBILE6.

                          Table 6--2009 Emissions Inventory Summary for North Carolina
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                 Source category                        VOC             NOX             SO2            PM2.5
----------------------------------------------------------------------------------------------------------------
Point...........................................          62,161         101,236         284,802          26,360
Non-road Mobile.................................          74,056          70,997           1,892           5,760
Area............................................         200,873          45,382           6,281          90,729
On-road Mobile..................................         168,676         201,609           1,503           3,493
                                                 ---------------------------------------------------------------
    Total.......................................         505,766         419,224         294,478         126,342
----------------------------------------------------------------------------------------------------------------

    EPA proposes to conclude that North Carolina has adequately 
addressed 40 CFR 51.308(g)(4). North Carolina tracked changes in 
emissions of visibility-impairing pollutants from 2002-2010 for all 
source categories and analyzed trends in emissions from 2002-2010, the 
most current quality-assured data available for these units at the time 
of progress report development. The 2010 emissions were also compared 
to the projected 2009 emissions, which were with the exception of 
NOX, as discussed above. While ideally the five-year period 
to be analyzed for emissions inventory changes is the time period since 
the current regional haze plan was submitted, there is an inevitable 
time lag in developing and reporting complete emissions inventories 
once quality-assured emissions data becomes available. Therefore, EPA 
believes that there is some flexibility in the five-year time period 
that states can select.
5. Assessment of Changes Impeding Visibility Progress
    40 CFR 51.308(g)(5) requires 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, North Carolina documented that sulfates, 
which are

[[Page 38991]]

formed from SO2 emissions, continue to be the biggest single 
contributor to regional haze for Class I areas in the State and 
therefore focused its analysis on large SO2 emissions from 
point sources. In addressing the requirements at 40 CFR 51.308(g)(5), 
North Carolina references its analyses that SO2 emissions 
from point sources show an overall downward trend over the period 2006 
to 2010 and examines other potential pollutants of concern affecting 
visibility in Class I areas in North Carolina. After ammonium sulfate, 
primary organic matter is the next largest contributor to visibility 
impairment at Class I areas in North Carolina. The State demonstrates 
that there are no significant changes in emissions of SO2, 
PM2.5, or NOX that have impeded progress in 
reducing emissions and improving visibility in Class I areas impacted 
by North Carolina sources. Furthermore, the Progress Report shows that 
the State is on track to meeting its 2018 RPGs for Class I areas in 
North Carolina. For these reasons, EPA proposes to conclude that North 
Carolina's Progress Report has adequately addressed 40 CFR 
51.308(g)(5).
6. Assessment of Current Strategy
    40 CFR 51.308(g)(6) requires an assessment of whether the current 
regional haze plan is sufficient to enable the state, or other states, 
to meet the RPGs for Class I areas affected by emissions from the 
state.
    The State believes that it is on track to meet the 2018 RPGs for 
the North Carolina Class I areas and will not impede Class I areas 
outside of North Carolina from meeting their RPGs based on the trends 
in visibility and emissions presented in its Progress Report. In its 
Progress Report, North Carolina provided reconstructed light extinction 
figures for the 20 percent worst days for all Class I areas in the 
Southeast for 2006 through 2010. The 20 percent worst days extinction 
clearly demonstrates that sulfates continue to be the major concern, 
with EGUs being the largest contributor. As identified in Table 3-1 of 
the Progress Report, the State estimates that SO2 emissions 
from EGUs in North Carolina have decreased by approximately 387,400 
tons per year from 2002 to 2011 and expects that these emissions will 
continue to decrease through the first regional haze planning period.
    The only coal-fired EGU in North Carolina which is in the area of 
influence (as defined by North Carolina's methodology) of the James 
River Face Class I area in Virginia was retired in April 2012. The 
SO2 emission reductions resulting from this retirement are 
expected to contribute to achieving the RPGs for the James River Face 
Class I area.
    EPA proposes to conclude that North Carolina has adequately 
addressed 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. In its assessment, the State 
references the improving visibility trends and the downward emissions 
trends in the State, with a focus on SO2 emissions from 
North Carolina EGUs. These trends support the State's determination 
that the State's regional haze plan is sufficient to meet RPGs for 
Class I areas within and outside the State impacted by North Carolina 
sources.
7. Review of Current Monitoring Strategy
    40 CFR 51.308(g)(7) requires a review of the state's visibility 
monitoring strategy and an assessment of whether any modifications to 
the monitoring strategy are necessary.
    In its Progress Report, North Carolina summarizes the existing 
monitoring network in North Carolina and in Tennessee to monitor 
visibility in North Carolina's Class I areas in North Carolina and 
concludes that no modifications to the existing visibility monitoring 
strategy are necessary. The primary monitoring network for regional 
haze, both nationwide and in North Carolina, is the IMPROVE network. 
There are currently three IMPROVE sites in North Carolina (LIGO, SHRO, 
and SWAN). In addition, an IMPROVE site just across the border in 
Tennessee serves as the monitoring site for both the Great Smoky 
Mountains National Park and Joyce Kilmer-Slickrock Wilderness Area, 
both of which lie partly in Tennessee and partly in North Carolina.
    The State also explains the importance of the IMPROVE monitoring 
network for tracking visibility trends at Class I areas in North 
Carolina. North Carolina states that data produced by the IMPROVE 
monitoring network will be used nearly continuously for preparing the 
5-year progress reports and the 10-year SIP revisions, each of which 
relies on analysis of the preceding five years of data, and thus, the 
monitoring data from the IMPROVE sites needs to be readily accessible 
and to be kept up to date. The VIEWS Web site 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 to the IMPROVE measurements, some ongoing long-term 
limited monitoring supported by Federal Land Managers provides 
additional insight into progress toward regional haze goals. North 
Carolina benefits from the data from these measurements, but is not 
responsible for associated funding decisions to maintain these 
measurements into the future.
    A continuous nitrate monitor operates at the Millbrook site in 
Raleigh and a second continuous nitrate monitor operates at the 
Rockwell monitoring site in Rowan County. The State plans to operate 
these monitors as long as funding and supplies allow. North Carolina 
began operating a continuous sulfate monitor at the Millbrook in August 
2007 and is currently operating aethalometers at the Millbrook and 
Rockwell sites.
    In addition, the NC DAQ and the local air agencies in the State 
operate a comprehensive PM2.5 network of the filter based 
Federal reference method monitors, continuous mass monitors, filter-
based speciated monitors, and continuous speciated monitors. These 
PM2.5 measurements help the NC DAQ characterize air 
pollution levels in areas across the State, and therefore aid in the 
analysis of visibility improvement in and near the Class I areas in 
North Carolina.
    EPA proposes to conclude that North Carolina has adequately 
addressed the sufficiency of its monitoring strategy as required by 40 
CFR 51.308(g)(7). The State reaffirmed its continued reliance upon the 
IMPROVE monitoring network; assessed its entire visibility monitoring 
network, including additional continuous sulfate and PM2.5 
monitors, used to further understand visibility trends in the State; 
and determined that no changes to its monitoring strategy are 
necessary.

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. The following section summarizes: (1) The 
action taken by North Carolina under 40 CFR 51.308(h); (2) North 
Carolina's rationale for the selected action; and (3) EPA's analysis 
and proposed determination regarding the State's action.
    In its Progress Report, North Carolina took the action provided for 
by 40 CFR 51.308(h)(1), which allows a state to submit a negative 
declaration to EPA if

[[Page 38992]]

the state determines 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 basis for the State's 
negative declaration is the findings from the Progress Report, 
including the findings that: Visibility has improved at Class I areas 
(with the exception of the best-days visibility at SWAN as discussed 
above) in North Carolina; SO2 emissions from the State's 
sources have decreased beyond the 2018 projections in the regional haze 
plan; additional EGU control measures not relied upon in the State's 
regional haze plan have occurred or will occur in the implementation 
period; and the EGU SO2 emissions in North Carolina are 
already below the levels projected for 2018 in the regional haze plan 
and are expected to continue to trend downward. EPA proposes to 
conclude that North Carolina has adequately addressed 40 CFR 51.308(h) 
because the visibility trends at the Class I areas impacted by the 
State's sources and the emissions trends of the State's largest 
emitters of visibility-impairing pollutants indicate that the RPGs for 
Class I areas impacted by source in North Carolina will be met.

IV. Proposed Action

    EPA is proposing to approve North Carolina's Regional Haze Progress 
Report, SIP revision, submitted by the State on May 31, 2013, as 
meeting the applicable regional haze requirements set forth in 40 CFR 
51.308(g) and (h). EPA also proposes to approve the updated RPGs for 
North Carolina's Class I areas.

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 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. Accordingly, this 
proposed 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);
     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 oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

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

    Dated: June 1, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-14036 Filed 6-14-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               38986                 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules

                                               have a significant effect on the human                  considered the official comment and                     EPA approved that SIP revision on May
                                               environment. Therefore, neither an                      should include discussion of all points                 13, 2016, resulting in a full approval of
                                               environmental assessment nor an                         you wish to make. EPA will generally                    North Carolina’s regional haze plan.
                                               environmental impact statement is                       not consider comments or comment                           Each state is also required to submit
                                               required.                                               contents located outside of the primary                 a progress report in the form of a SIP
                                                 Dated: June 9, 2016.                                  submission (i.e., on the web, cloud, or                 revision every five years that evaluates
                                               Dennis M. Keefe,
                                                                                                       other file sharing system). For                         progress towards the RPGs for each
                                                                                                       additional submission methods, the full                 mandatory Class I Federal area within
                                               Director, Office of Food Additive Safety,
                                               Center for Food Safety and Applied Nutrition.
                                                                                                       EPA public comment policy,                              the state and for each mandatory Class
                                                                                                       information about CBI or multimedia                     I Federal area outside the state which
                                               [FR Doc. 2016–14107 Filed 6–14–16; 8:45 am]
                                                                                                       submissions, and general guidance on                    may be affected by emissions from
                                               BILLING CODE 4164–01–P
                                                                                                       making effective comments, please visit                 within the state. See 40 CFR 51.308(g).
                                                                                                       http://www2.epa.gov/dockets/                            Each state is also required to submit, at
                                                                                                       commenting-epa-dockets.                                 the same time as the progress report, a
                                               ENVIRONMENTAL PROTECTION
                                                                                                       FOR FURTHER INFORMATION CONTACT:                        determination of the adequacy of its
                                               AGENCY
                                                                                                       Sean Lakeman, Air Regulatory                            existing regional haze plan. See 40 CFR
                                               40 CFR Part 52                                          Management Section, Air Planning and                    51.308(h). The first progress report is
                                                                                                       Implementation Branch, Air, Pesticides                  due five years after submittal of the
                                               [EPA–R04–OAR–2015–0449; FRL–9947–62–                    and Toxics Management Division, U.S.                    initial regional haze plan.
                                               Region 4]                                               Environmental Protection Agency,                           On May 31, 2013, as required by 40
                                               Air Plan Approval; North Carolina;                      Region 4, 61 Forsyth Street SW.,                        CFR 51.308(g), NC DAQ submitted to
                                               Regional Haze Progress Report                           Atlanta, Georgia 30303–8960. Mr.                        EPA, in the form of a revision to North
                                                                                                       Lakeman can be reached by phone at                      Carolina’s SIP, a report on progress
                                               AGENCY:  Environmental Protection                       (404) 562–9043 and via electronic mail                  made towards the RPGs for Class I areas
                                               Agency.                                                 at lakeman.sean@epa.gov.                                in the State and for Class I areas outside
                                               ACTION: Proposed rule.                                  SUPPLEMENTARY INFORMATION:                              the State that are affected by emissions
                                               SUMMARY:    The Environmental Protection                I. Background                                           from sources within the State. This
                                               Agency (EPA) is proposing to approve a                                                                          submission also includes a negative
                                                                                                          Under the Regional Haze Rule,1 each                  declaration pursuant to 40 CFR
                                               State Implementation Plan (SIP)                         state was required to submit its first
                                               revision submitted by the State of North                                                                        51.308(h)(1) that the State’s regional
                                                                                                       implementation plan addressing                          haze plan is sufficient in meeting the
                                               Carolina through the North Carolina                     regional haze visibility impairment to
                                               Division of Air Quality (NC DAQ) on                                                                             requirements of the Regional Haze Rule
                                                                                                       EPA no later than December 17, 2007.                    (40 CFR 51.300 et seq.). EPA is
                                               May 31, 2013. North Carolina’s May 31,                  See 40 CFR 51.308(b). North Carolina
                                               2013, SIP revision (Progress Report)                                                                            proposing to approve North Carolina’s
                                                                                                       submitted its regional haze plan on that                Progress Report on the basis that it
                                               addresses requirements of the Clean Air                 date, and like many other states subject
                                               Act (CAA or Act) and EPA’s rules that                                                                           satisfies the requirements of 40 CFR
                                                                                                       to the Clean Air Interstate Rule (CAIR),                51.308(g) and (h) now that EPA has fully
                                               require each state to submit periodic                   relied on CAIR to satisfy best available
                                               reports describing progress towards                                                                             approved the State’s regional haze plan.
                                                                                                       retrofit technology (BART) requirements
                                               reasonable progress goals (RPGs)                        for emissions of sulfur dioxide (SO2)                   II. Requirements for the Regional Haze
                                               established for regional haze and a                     and nitrogen oxides (NOX) from electric                 Progress Report and Adequacy
                                               determination of the adequacy of the                    generating units (EGUs) in the State. On                Determinations
                                               state’s existing SIP addressing regional                June 7, 2012, EPA finalized a limited
                                               haze (regional haze plan). EPA is                                                                               A. Regional Haze Progress Report
                                                                                                       disapproval of North Carolina’s
                                               proposing to approve North Carolina’s                   December 17, 2007 regional haze plan                      Under 40 CFR 51.308(g), states must
                                               Progress Report on the basis that it                    submission because of deficiencies                      submit a regional haze progress report
                                               addresses the progress report and                       arising from the State’s reliance on CAIR               as a SIP revision every five years and
                                               adequacy determination requirements                     to satisfy certain regional haze                        must address, at a minimum, the seven
                                               for the first implementation period for                 requirements. See 77 FR 33642. In a                     elements found in 40 CFR 51.308(g). As
                                               regional haze.                                          separate action taken on June 27, 2012,                 described in further detail in section III
                                               DATES: Comments must be received on                     EPA finalized a limited approval of                     below, 40 CFR 51.308(g) requires: (1) A
                                               or before July 15, 2016.                                North Carolina’s December 17, 2007,                     description of the status of measures in
                                               ADDRESSES: Submit your comments,                        regional haze plan submission, as                       the approved regional haze plan; (2) a
                                               identified by Docket ID No. EPA–R04–                    meeting some of the applicable regional                 summary of emissions reductions
                                               OAR–2015–0449 at http://                                haze requirements as set forth in                       achieved; (3) an assessment of visibility
                                               www.regulations.gov. Follow the online                  sections 169A and 169B of the CAA and                   conditions for each Class I area in the
                                               instructions for submitting comments.                   in 40 CFR 51.300–51.308. See 77 FR                      state; (4) an analysis of changes in
                                               Once submitted, comments cannot be                      38185. On October 31, 2014, the State                   emissions from sources and activities
                                               edited or removed from Regulations.gov.                 submitted a regional haze plan revision                 within the state; (5) an assessment of
                                               EPA may publish any comment received                    to correct the deficiencies identified in               any significant changes in
                                               to its public docket. Do not submit                                                                             anthropogenic emissions within or
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                                                                                                       the June 27, 2012, limited disapproval
                                               electronically any information you                      by replacing reliance on CAIR with                      outside the state that have limited or
                                               consider to be Confidential Business                    reliance on the State’s Clean                           impeded progress in Class I areas
                                               Information (CBI) or other information                  Smokestacks Act (CSA) as an alternative                 impacted by the state’s sources, (6) an
                                               whose disclosure is restricted by statute.              to NOX and SO2 BART for BART-                           assessment of the sufficiency of the
                                               Multimedia submissions (audio, video,                   eligible EGUs formerly subject to CAIR.                 approved regional haze plan; and (7) a
                                               etc.) must be accompanied by a written                                                                          review of the state’s visibility
                                               comment. The written comment is                           1 40   CFR part 51, subpart P.                        monitoring strategy.


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                                                                     Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules                                                      38987

                                               B. Adequacy Determinations of the                       neighboring state potentially impacted                  from its regional haze plan in addition
                                               Current Regional Haze Plan                              by North Carolina sources: James River                  to describing additional measures not
                                                  Under 40 CFR 51.308(h), states are                   Face Wilderness Area in Virginia. See                   originally accounted for in the final
                                               required to submit, at the same time as                 77 FR 11858, 11869 (February 28, 2012).                 VISTAS emissions inventory that came
                                               the progress report, a determination of                                                                         into effect since the VISTAS analyses
                                                                                                       A. Regional Haze Progress Report
                                               the adequacy of their existing regional                                                                         for the regional haze plan were
                                                                                                         The following sections summarize: (1)                 completed. The State’s Progress Report
                                               haze plan and to take one of four
                                                                                                       Each of the seven elements that must be                 also provides detailed information on
                                               possible actions based on information in
                                                                                                       addressed by a progress report under 40                 EGU control strategies in its regional
                                               the progress report. As described in
                                                                                                       CFR 51.308(g); (2) how North Carolina’s                 haze plan and the status of existing and
                                               further detail in section III below, 40
                                                                                                       Progress Report addressed each element;                 future expected controls for North
                                               CFR 51.308(h) requires states to: (1)
                                                                                                       and (3) EPA’s analysis and proposed                     Carolina’s EGUs because, in its regional
                                               Submit a negative declaration to EPA
                                                                                                       determination as to whether the State                   haze plan, North Carolina identified SO2
                                               that no further substantive revision to
                                                                                                       satisfied each element.                                 emissions from coal-fired EGUs as the
                                               the state’s existing regional haze plan is
                                                                                                                                                               key contributor to regional haze in the
                                               needed; (2) provide notification to EPA                 1. Status of Control Measures
                                                                                                                                                               VISTAS region. North Carolina
                                               (and to other state(s) that participated in                40 CFR 51.308(g)(1) requires a                       discusses the status of the CSA, which
                                               the regional planning process) if the                   description of the status of                            the State identified as the primary state
                                               state determines that its existing                      implementation of all measures                          control strategy in its regional haze
                                               regional haze plan is or may be                         included in the regional haze plan for                  plan, and the resulting emissions
                                               inadequate to ensure reasonable                         achieving RPGs for Class I areas both                   reductions.3 Under the CSA, power
                                               progress at one or more Class I areas due               within and outside the state.                           plants were required to reduce their
                                               to emissions from sources in other                         The State evaluated the status of                    NOX emissions by 77 percent in 2009
                                               state(s) that participated in the regional              measures included in its 2007 regional                  and their SO2 emissions by 73 percent
                                               planning process, and collaborate with                  haze plan in accordance with 40 CFR                     in 2013. The State notes that all of the
                                               these other state(s) to develop additional              51.308(g)(1). Specifically, in its Progress             CSA subject units are controlled with a
                                               strategies to address deficiencies; (3)                 Report, North Carolina summarizes the                   scrubber for SO2 control and a selective
                                               provide notification with supporting                    status of the emissions reduction                       catalytic reduction unit or a selective
                                               information to EPA if the state                         measures that were included in the final                non-catalytic reduction for NOX control,
                                               determines that its existing regional                   iteration of the Visibility Improvement                 or have retired, which will result in
                                               haze plan is or may be inadequate to                    State and Tribal Association of the                     more SO2 and NOX emissions
                                               ensure reasonable progress at one or                    Southeast (VISTAS) regional haze                        reductions than those projected in the
                                               more Class I areas due to emissions from                emissions inventory and RPG modeling                    regional haze plan.
                                               sources in another country; or (4) revise               used by the State in developing its
                                               its regional haze plan to address                                                                               2. Emissions Reductions and Progress
                                                                                                       regional haze plan. The measures
                                               deficiencies within one year if the state               include, among other things, applicable                    40 CFR 51.308(g)(2) requires a
                                               determines that its existing regional                   Federal programs (e.g., mobile source                   summary of the emissions reductions
                                               haze plan is or may be inadequate to                    rules, Maximum Achievable Control                       achieved in the state through the
                                               ensure reasonable progress in one or                    Technology standards), Federal consent                  measures subject to 40 CFR 51.308(g)(1).
                                               more Class I areas due to emissions from                agreements, and Federal and state                          In its regional haze plan and Progress
                                               sources within the state.                               control strategies for EGUs.2 The State                 Report, North Carolina focuses its
                                                                                                       also discusses the status of several                    assessment on SO2 emissions from
                                               III. What is EPA’s analysis of North
                                                                                                       measures that were not included in the                  EGUs because of VISTAS’ findings that
                                               Carolina’s regional haze progress
                                                                                                       final VISTAS emissions inventory and                    ammonium sulfate accounted for more
                                               report and adequacy determination?
                                                                                                       were not relied upon in the initial                     than 70 percent of the visibility-
                                                  On May 31, 2013, NC DAQ submitted                                                                            impairing pollution in the VISTAS
                                                                                                       regional haze plan to meet RPGs. The
                                               a revision to North Carolina’s regional                                                                         states and that SO2 point source
                                                                                                       State notes that the emissions
                                               haze plan to address progress made                                                                              emissions in 2018 represent more than
                                                                                                       reductions from these measures will
                                               towards the RPGs for Class I areas in the                                                                       95 percent of the total SO2 emissions in
                                                                                                       help ensure Class I areas impacted by
                                               State and for Class I areas outside the                                                                         the State.4 As discussed in section
                                                                                                       North Carolina sources achieve their
                                               State that are affected by emissions from                                                                       III.A.5, below, North Carolina
                                                                                                       RPGs. In aggregate, as noted in sections
                                               sources within North Carolina. This                                                                             determined that sulfates continue to be
                                                                                                       III.A.2 and III.A.6 of this document, the
                                               submittal also includes a determination                                                                         the largest contributor to regional haze
                                                                                                       emissions reductions from the identified
                                               of the adequacy of the State’s existing                                                                         for Class I areas in the State.
                                                                                                       measures are expected to exceed the
                                               regional haze plan. North Carolina has                                                                             In its Progress Report, North Carolina
                                                                                                       emissions reductions projected in North
                                               five Class I areas within its borders:                                                                          presents SO2 emissions data for EGUs in
                                                                                                       Carolina’s regional haze plan.
                                               Great Smoky Mountains National Park                                                                             the State and notes that North Carolina’s
                                                                                                          EPA proposes to find that North
                                               (GSMNP), Joyce Kilmer-Slickrock                                                                                 EGU sector represents over 50 percent of
                                                                                                       Carolina’s analysis adequately addresses
                                               Wilderness Area (JOKI), Linville Gorge                                                                          statewide SO2 emissions from stationary
                                                                                                       40 CFR 51.308(g)(1) for the reasons
                                               Wilderness Area (LIGO), Shining Rock
                                                                                                       discussed below. The State documents
                                               Wilderness Area (SHRO), and                                                                                        3 According to the State, in 2011, regulated
                                                                                                       the implementation status of measures                   sources under the CSA emitted 73,454 tons per year
                                               Swanquarter Wildlife Refuge (SWAN).
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                                                                                                                                                               (tpy) of SO2 and 39,284 tpy of NOX, well below the
                                               Both the Great Smoky Mountains and                         2 North Carolina’s progress report discusses the     CSA’s annual emissions caps for SO2 and NOX. The
                                               Joyce Kilmer-Slickrock Areas are                        status of CAIR, CSAPR, and the CSA as of the date       State also notes that the 2018 current emissions
                                               located in North Carolina and                           of submission. As noted above, North Carolina           projection of SO2 from the sources subject to CSA
                                               Tennessee. In its regional haze plan, the               subsequently submitted a SIP revision to replace its    is 18,420 tpy, which is approximately 80 percent
                                                                                                       reliance on CAIR as NOX and SO2 BART for BART-          lower than the original 2018 projections used in the
                                               State also identified, through an area of               eligible units formerly subject to CAIR with reliance   North Carolina regional haze plan.
                                               influence modeling analysis based on                    on the CSA as a BART Alternative, and EPA                  4 For additional information, see North Carolina’s

                                               back trajectories, one Class I area in one              approved that SIP revision on May 13, 2016.             December 17, 2007, regional haze plan at page 24.



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                                               38988                          Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules

                                               sources. SO2 emissions reductions from                                       North Carolina identified the                                        areas and those areas that North
                                               2002 to 2011 for North Carolina EGUs                                      retirement of over 100 EGUs at 35                                       Carolina sources impact.
                                               (387,373 tpy) are greater than the SO2                                    facilities located in eight nearby states
                                               emissions reductions from 2002 to 2018                                    that VISTAS modeling indicates                                          3. Visibility Progress
                                               estimated in North Carolina’s regional                                    potentially impact visibility in North                                    40 CFR 51.308(g)(3) requires that
                                               haze plan for these EGUs (367,528 tpy).                                   Carolina’s Class I areas. These units                                   states with Class I areas provide the
                                               Additionally, the State updated the                                       emitted more than 550,000 tpy of SO2 in
                                                                                                                                                                                                 following information for the most
                                               2018 SO2 emissions projections for                                        2011. The State believes that this is
                                                                                                                                                                                                 impaired and least impaired days for
                                               North Carolina EGUs in its regional haze                                  another indicator that the Class I areas
                                               plan. These updated 2018 SO2 EGU                                          in North Carolina are on track to meet                                  each area, with values expressed in
                                               emissions projections are approximately                                   their RPGs. North Carolina also                                         terms of five-year averages of these
                                               80 percent lower than the projected                                       discussed the SO2 emissions reductions                                  annual values: 6 (i) Current visibility
                                               2018 SO2 emissions in the regional haze                                   that occurred at non-EGU facilities                                     conditions; (ii) the difference between
                                               plan.5                                                                    identified in its regional haze plan as                                 current visibility conditions and
                                                 North Carolina states that coal-fired                                   contributing one percent or more to                                     baseline visibility conditions; and (iii)
                                               EGUs in North Carolina emitted a total                                    visibility impairment at any Class I area.                              the change in visibility impairment over
                                               of 370,000 tpy of SO2 in 2007, whereas                                       EPA proposes to conclude that North                                  the past five years.
                                               in 2011, these same EGUs emitted a                                        Carolina has adequately addressed 40                                      North Carolina provides figures with
                                               total of 73,000 tpy of SO2, a reduction                                   CFR 51.308(g)(2). As discussed above,                                   visibility monitoring data that address
                                               of 297,000 tpy, due largely to the                                        the State provides estimates, and where                                 the three requirements of 40 CFR
                                               installation and operation of scrubbers.                                  available, actual emissions reductions of
                                                                                                                                                                                                 51.308(g)(3) for the State’s five Class I
                                               The State expects that future SO2                                         visibility-impairing pollutants resulting
                                               emissions will decline further from                                       from the measures relied upon in its                                    areas. North Carolina reported current
                                               more natural gas use and the continued                                    regional haze plan. The State                                           conditions as the 2006–2010 five-year
                                               retirement of older, smaller coal-fired                                   appropriately focused on SO2 emissions                                  time period and used the 2000–2004
                                               EGUs without scrubbers. NOX emissions                                     from its EGUs in its Progress Report                                    baseline period for its Class I areas.7
                                               from these EGUs dropped from a total                                      because the State had previously                                        Table 1, below, shows the current
                                               of approximately 57,400 tpy in 2007 to                                    identified these emissions as the most                                  visibility conditions and the difference
                                               approximately 39,300 tpy of NOX in                                        significant contributors to visibility                                  between current visibility conditions
                                               2011, an 18,100 tpy reduction.                                            impairment at North Carolina’s Class I                                  and baseline visibility conditions.

                                                  TABLE 1—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN NORTH CAROLINA
                                                                                                                                                                                                  Baseline           Current
                                                                                                            Class I area                                                                                                              Difference
                                                                                                                                                                                                (2000–2004)       (2009–2013)

                                                                                                                                                20% Worst Days

                                               Great Smoky Mountain National Park .........................................................................................                              30.3               26.6              ¥3.7
                                               Joyce Kilmer-Slickrock .................................................................................................................                  30.3               26.6              ¥3.7
                                               Linville Gorge ...............................................................................................................................            28.6               25.1              ¥3.5
                                               Shining Rock ................................................................................................................................             28.5               25.8              ¥2.7
                                               Swanquarter .................................................................................................................................             24.7               24.2              ¥0.5

                                                                                                                                                 20% Best Days

                                               Great Smoky Mountain National Park .........................................................................................                              13.6               12.3              ¥1.3
                                               Joyce Kilmer-Slickrock .................................................................................................................                  13.6               12.3              ¥1.3
                                               Linville Gorge ...............................................................................................................................            11.1                 11              ¥0.1
                                               Shining Rock ................................................................................................................................              8.2               7.25             ¥0.95
                                               Swanquarter .................................................................................................................................              12                12.9               0.9



                                                 All North Carolina Class I areas saw                                       At Swanquarter, a 0.9 dv increase was                                Carolina believes that planned changes
                                               an improvement in visibility on the 20                                    recorded in the 20 percent best-day                                     to operating status and emission
                                               percent worst days from 2006–2010 and                                     average between 2006–2010 conditions                                    controls on large sources within the
                                               between baseline and 2006–2010                                            (12.9 dv) and the 2000–2004 baseline                                    Swanquarter area of influence provide
                                               conditions. All North Carolina Class I                                    (12.0 dv). This could be due, in part, to                               sufficient evidence that by 2018, the 20
                                               areas except for Swanquarter Wildlife                                     the fact that the visibility data for 2008                              percent best days will be protected.9
                                               Refuge saw an improvement in visibility                                   at Swanquarter did not meet EPA’s data                                  Furthermore, the 20 percent best-day
                                               on the 20 percent best days from 2006–                                    completeness criteria and was therefore                                 average at Swanquarter has continued to
                                               2010 and between baseline and 2006–                                       removed from the 2006–2010 average,                                     improve, dropping to 12.2 dv for 2007–
                                               2010 conditions.                                                          resulting in a four-year average during                                 2011.10 Based on the visibility data
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                                                                                                                         this review period.8 Regardless, North                                  reported in the Western Regional Air
                                                 5 See  page 32 of the May 31, 2013, submission.                         impairment, respectively, averaged over a five-year                       8 See USEPA (2003) ‘‘Guidance for Tracking

                                                 6 The  ‘‘most impaired days’’ and ‘‘least impaired                      period. 40 CFR 51.301.                                                  Progress Under the Regional Haze Rule,’’ http://
                                               days’’ in the regional haze refers to the average                           7 For the first regional haze plans, ‘‘baseline’’                     www.epa.gov/ttn/oarpg/t1/memoranda/rh_tpurhr_
                                               visibility impairment (measured in deciviews) for                         conditions were represented by the 2000–2004 time                       gd.pdf, pp. 2–8.
                                                                                                                                                                                                   9 See pp. 43–49 of the May 31, 2013, submission.
                                               the 20 percent of monitored days in a calendar year                       period. See 64 FR 35730 (July 1, 1999).
                                               with the highest and lowest amount of visibility                                                                                                    10 See pp. 41–42 of the May 31, 2013, submission.




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                                                                              Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules                                                               38989

                                               Partnership Technical Support System,                                      I areas within the State. North Carolina’s                    areas. North Carolina seeks to include
                                               the 20 percent best-day five year                                          original RPGs were based on the                               revised RPGs that reflect this modeled
                                               averages have continued to improve                                         VISTAS modeling run available at the                          progress. Table 2 identifies the RPGs for
                                               through 2014 and have dropped below                                        time of the 2007 SIP revision. In 2008,                       North Carolina’s Class I areas in the
                                               the baseline beginning with the 2008–                                      VISTAS provided updated modeling                              State’s regional haze plan and the
                                               2012 average.11                                                            results that changed the modeled                              updated RPGs proposed in its Progress
                                                 North Carolina’s Progress Report                                         progress for North Carolina’s Class I                         Report.
                                               includes revised RPGs for the five Class

                                                                                               TABLE 2—UPDATED RPGS FOR NORTH CAROLINA’S CLASS 1 AREAS
                                                                                                                                                        [Deciviews]

                                                                                                                                                            RPG 20%              RPG 20%             RPG 20%           RPG 20%
                                                                                                                                                            worst days           worst days          best days          best days
                                                                                       Class I areas                                                      (2007 regional       (2013 progress      (2007 regional    (2013 progress
                                                                                                                                                            haze plan)             report)           haze plan)          report)

                                               GSMNP ............................................................................................                     23.7                23.5                12.2              12.1
                                               JOKI .................................................................................................                 23.7                23.5                12.2              12.1
                                               LIGO ................................................................................................                  22.0                21.7                 9.6               9.5
                                               SHRO ...............................................................................................                   22.1                21.9                 6.9               6.9
                                               SWAN ..............................................................................................                    20.4                20.3                11.0              10.9



                                                 EPA proposes to approve the updated                                      SO2. The emissions inventories include                        used by the State in its regional haze
                                               RPGs for North Carolina’s Class I areas                                    the following source classifications:                         plan that included only those sources
                                               because they reflect more recent                                           Point, area, non-road mobile, and on-                         that reported emissions in 2002. In its
                                               modeling. Also, EPA proposes to                                            road mobile sources.                                          2010 inventory, North Carolina
                                               conclude that North Carolina has                                              North Carolina includes the emissions                      estimated that small sources that did not
                                               adequately addressed 40 CFR                                                inventories from the regional haze plan                       report contribute one percent of total
                                               51.308(g)(3) because the State provides                                    for 2002 and 2009, and summarizes                             NOX emissions, seven percent of total
                                               the information regarding visibility                                       emissions data from EPA’s 2008                                VOC emissions, one percent of total SO2
                                               conditions and visibility changes                                          National Emissions Inventory. North                           emissions, and seven percent of total
                                               necessary to meet the requirements of                                      Carolina’s analysis shows that 2008                           PM2.5 emissions. North Carolina
                                               the regulation. The Progress Report                                        emissions are lower than 2002                                 estimates area source emissions by
                                               includes current conditions based on                                       emissions. North Carolina estimates on-                       growing the existing 2007 emissions
                                               the Interagency Monitoring of Protected                                    road mobile source emissions in the                           inventory to 2010 and estimates non-
                                               Visual Environments (IMPROVE)                                              2008 and 2010 inventories using the                           road mobile source emissions using the
                                               monitoring data for the years 2006–                                        MOVES2010a model. This model tends                            EPA’s NONROAD2008 model for those
                                               2010, the difference between current                                       to estimate higher emissions than its                         sources covered by the model and
                                               visibility conditions and baseline                                         previous counterpart, the MOBILE6                             growing the 2007 airport, locomotive,
                                               visibility conditions, and the change in                                   model used by the State to estimate on-                       and commercial marine emissions to
                                               visibility impairment over the five-year                                   road mobile source emissions for the                          2010.
                                               period 2006–2010.                                                          2002 and 2009 inventories, especially                           North Carolina estimates on-road
                                               4. Emissions Tracking                                                      for NOX emissions. North Carolina has                         mobile source emissions for 2010 using
                                                  40 CFR 51.308(g)(4) requires an                                         concluded that MOVES model                                    MOVES2010a with the latest vehicle
                                               analysis tracking emission changes of                                      predictions for NOX can be 1.7 to 2.1                         miles traveled (VMT) and speed data. If
                                               visibility-impairing pollutants from the                                   times higher than MOBILE6. Despite the                        2010 speeds and VMT were not
                                               state’s sources by type or category over                                   change in methodology, a declining                            available for a particular county,
                                               the past five years based on the most                                      trend in all pollutants can be seen                           interpolated or projected 2010 data was
                                               recent updated emissions inventory.                                        between 2002 and 2008 as seen in Table                        used. Using MOVES2010a, the on-road
                                                  In its Progress Report, North Carolina                                  4.                                                            mobile emissions are higher than those
                                               presents data from statewide actual                                           North Carolina also includes an                            that would be predicted using the older
                                               emissions inventories for 2008 and                                         emission inventory for 2010 in its                            model. As seen in Tables 3 and 5, the
                                               projected emissions inventories                                            Progress Report. The State estimates                          2010 emissions inventory is
                                               developed for the years 2009 and 2010.                                     2010 point source emissions by taking                         significantly lower than the 2002
                                               The State compares these data to the                                       the emissions reported by sources for                         emissions inventory despite including
                                               baseline emissions inventory for 2002.                                     2010 and adding the latest emissions for                      additional stationary point sources and
                                               The pollutants inventoried include                                         the small sources that only report                            the use of MOVES, which predicts
                                               volatile organic compounds (VOC),                                          emissions every five years. This                              higher NOX emissions than its
                                               NOX, fine particulate matter (PM2.5), and                                  procedure differs from the procedure                          predecessor MOBILE6.2.
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                                                 11 See http://vista.cira.colostate.edu/tss/Results/

                                               HazePlanning.aspx Web site for dv between 2011–
                                               2014.

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                                               38990                           Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules

                                                                                            TABLE 3—2002 EMISSIONS INVENTORY SUMMARY FOR NORTH CAROLINA
                                                                                                                                                             [tpy]

                                                                                             Source category                                                                  VOC             NOX            SO2            PM2.5

                                               Point .................................................................................................................          61,484          196,731       522,093          26,953
                                               Area .................................................................................................................          250,044           41,517         5,815          83,520
                                               On-road Mobile ................................................................................................                 263,766          327,329        12,420           4,623
                                               Non-road Mobile ..............................................................................................                   94,480           84,284         7,693           7,348

                                                     Total ..........................................................................................................          669,774          649,861       548,021         122,444


                                                                                        TABLE 4—ACTUAL 2008 ANNUAL EMISSION SUMMARY FOR NORTH CAROLINA
                                                                                                                                                             [tpy]

                                                                                             Source category                                                                  VOC             NOX            SO2            PM2.5

                                               Point .................................................................................................................          39,053           97,879       274,541          27,987
                                               Area .................................................................................................................          149,264           43,672        13,937          48,807
                                               On-road Mobile ................................................................................................                 122,503          253,849         1,190           7,895
                                               Non-road Mobile ..............................................................................................                   72,754           52,469           980           4,924

                                                     Total ..........................................................................................................          383,573          447,869       290,648          89,613


                                                                                            TABLE 5—2010 EMISSIONS INVENTORY SUMMARY FOR NORTH CAROLINA
                                                                                                                                                             [tpy]

                                                                                             Source category                                                                  VOC             NOX            SO2            PM2.5

                                               Point .................................................................................................................          42,504           90,155       151,210          13,966
                                               Area .................................................................................................................           83,274           11,353         5,105          23,114
                                               On-road Mobile ................................................................................................                 101,731          256,381         1,205           8,905
                                               Non-road Mobile ..............................................................................................                   66,773           65,353         2,829           5,455

                                                     Total ..........................................................................................................          294,281          423,242       160,350          51,441



                                                 When comparing the 2010 emissions                                          increase in 2010 NOX emissions is likely                        emissions for 2010. As noted above,
                                               (Table 5) with the projected 2009                                            due to the use of MOBILE6 to estimate                           MOVES predicts higher NOX emissions
                                               emissions (Table 6), the total emissions                                     on-road mobile source NOX emissions                             than MOBILE6.
                                               of each pollutant are lower in 2010 with                                     for 2009 and the use of MOVES to
                                               the exception of NOX. The slight                                             estimate on-road mobile source NOX

                                                                                            TABLE 6—2009 EMISSIONS INVENTORY SUMMARY FOR NORTH CAROLINA
                                                                                                                                                             [tpy]

                                                                                             Source category                                                                  VOC             NOX            SO2            PM2.5

                                               Point .................................................................................................................          62,161          101,236       284,802          26,360
                                               Non-road Mobile ..............................................................................................                   74,056           70,997         1,892           5,760
                                               Area .................................................................................................................          200,873           45,382         6,281          90,729
                                               On-road Mobile ................................................................................................                 168,676          201,609         1,503           3,493

                                                     Total ..........................................................................................................          505,766          419,224       294,478         126,342



                                                  EPA proposes to conclude that North                                       discussed above. While ideally the five-                        5. Assessment of Changes Impeding
                                               Carolina has adequately addressed 40                                         year period to be analyzed for emissions                        Visibility Progress
                                               CFR 51.308(g)(4). North Carolina                                             inventory changes is the time period                              40 CFR 51.308(g)(5) requires an
                                               tracked changes in emissions of                                              since the current regional haze plan was                        assessment of any significant changes in
                                               visibility-impairing pollutants from                                         submitted, there is an inevitable time                          anthropogenic emissions within or
                                               2002–2010 for all source categories and                                      lag in developing and reporting                                 outside the state that have occurred over
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                                               analyzed trends in emissions from                                            complete emissions inventories once                             the past five years that have limited or
                                               2002–2010, the most current quality-                                         quality-assured emissions data becomes                          impeded progress in reducing pollutant
                                               assured data available for these units at                                    available. Therefore, EPA believes that                         emissions and improving visibility in
                                               the time of progress report development.                                     there is some flexibility in the five-year                      Class I areas impacted by the state’s
                                               The 2010 emissions were also compared                                        time period that states can select.                             sources.
                                               to the projected 2009 emissions, which                                                                                                         In its Progress Report, North Carolina
                                               were with the exception of NOX, as                                                                                                           documented that sulfates, which are


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                                                                     Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules                                38991

                                               formed from SO2 emissions, continue to                  reductions resulting from this             the IMPROVE data and data analysis
                                               be the biggest single contributor to                    retirement are expected to contribute to   tools.
                                               regional haze for Class I areas in the                  achieving the RPGs for the James River        In addition to the IMPROVE
                                               State and therefore focused its analysis                Face Class I area.                         measurements, some ongoing long-term
                                               on large SO2 emissions from point                          EPA proposes to conclude that North     limited monitoring supported by
                                               sources. In addressing the requirements                 Carolina has adequately addressed 40       Federal Land Managers provides
                                               at 40 CFR 51.308(g)(5), North Carolina                  CFR 51.308(g)(6). EPA views this           additional insight into progress toward
                                               references its analyses that SO2                        requirement as a qualitative assessment    regional haze goals. North Carolina
                                               emissions from point sources show an                    that should evaluate emissions and         benefits from the data from these
                                               overall downward trend over the period                  visibility trends and other readily        measurements, but is not responsible for
                                               2006 to 2010 and examines other                         available information, including           associated funding decisions to
                                               potential pollutants of concern affecting               expected emissions reductions              maintain these measurements into the
                                               visibility in Class I areas in North                    associated with measures with              future.
                                               Carolina. After ammonium sulfate,                       compliance dates that have not yet            A continuous nitrate monitor operates
                                               primary organic matter is the next                      become effective. In its assessment, the   at the Millbrook site in Raleigh and a
                                               largest contributor to visibility                       State references the improving visibility  second continuous nitrate monitor
                                               impairment at Class I areas in North                    trends and the downward emissions          operates at the Rockwell monitoring site
                                               Carolina. The State demonstrates that                   trends in the State, with a focus on SO2   in Rowan County. The State plans to
                                               there are no significant changes in                     emissions from North Carolina EGUs.        operate these monitors as long as
                                               emissions of SO2, PM2.5, or NOX that                    These trends support the State’s           funding and supplies allow. North
                                               have impeded progress in reducing                       determination that the State’s regional    Carolina began operating a continuous
                                               emissions and improving visibility in                   haze plan is sufficient to meet RPGs for   sulfate monitor at the Millbrook in
                                               Class I areas impacted by North Carolina                Class I areas within and outside the       August 2007 and is currently operating
                                               sources. Furthermore, the Progress                      State impacted by North Carolina           aethalometers at the Millbrook and
                                               Report shows that the State is on track                 sources.                                   Rockwell sites.
                                               to meeting its 2018 RPGs for Class I                                                                  In addition, the NC DAQ and the local
                                                                                                       7. Review of Current Monitoring Strategy air agencies in the State operate a
                                               areas in North Carolina. For these
                                               reasons, EPA proposes to conclude that                     40 CFR 51.308(g)(7) requires a review comprehensive PM2.5 network of the
                                               North Carolina’s Progress Report has                    of the state’s visibility monitoring       filter based Federal reference method
                                               adequately addressed 40 CFR                             strategy and an assessment of whether      monitors, continuous mass monitors,
                                               51.308(g)(5).                                           any modifications to the monitoring        filter-based speciated monitors, and
                                                                                                       strategy are necessary.                    continuous speciated monitors. These
                                               6. Assessment of Current Strategy                          In its Progress Report, North Carolina  PM2.5 measurements help the NC DAQ
                                                  40 CFR 51.308(g)(6) requires an                      summarizes the existing monitoring         characterize air pollution levels in areas
                                               assessment of whether the current                       network in North Carolina and in           across the State, and therefore aid in the
                                               regional haze plan is sufficient to enable              Tennessee to monitor visibility in North analysis of visibility improvement in
                                               the state, or other states, to meet the                 Carolina’s Class I areas in North          and near the Class I areas in North
                                               RPGs for Class I areas affected by                      Carolina and concludes that no             Carolina.
                                               emissions from the state.                               modifications to the existing visibility      EPA proposes to conclude that North
                                                  The State believes that it is on track               monitoring strategy are necessary. The     Carolina has adequately addressed the
                                               to meet the 2018 RPGs for the North                     primary monitoring network for regional sufficiency of its monitoring strategy as
                                               Carolina Class I areas and will not                     haze, both nationwide and in North         required by 40 CFR 51.308(g)(7). The
                                               impede Class I areas outside of North                   Carolina, is the IMPROVE network.          State reaffirmed its continued reliance
                                               Carolina from meeting their RPGs based                  There are currently three IMPROVE          upon the IMPROVE monitoring
                                               on the trends in visibility and emissions               sites in North Carolina (LIGO, SHRO,       network; assessed its entire visibility
                                               presented in its Progress Report. In its                and SWAN). In addition, an IMPROVE         monitoring network, including
                                               Progress Report, North Carolina                         site just across the border in Tennessee   additional continuous sulfate and PM2.5
                                               provided reconstructed light extinction                 serves as the monitoring site for both the monitors, used to further understand
                                               figures for the 20 percent worst days for               Great Smoky Mountains National Park        visibility trends in the State; and
                                               all Class I areas in the Southeast for                  and Joyce Kilmer-Slickrock Wilderness      determined that no changes to its
                                               2006 through 2010. The 20 percent                       Area, both of which lie partly in          monitoring strategy are necessary.
                                               worst days extinction clearly                           Tennessee and partly in North Carolina.
                                               demonstrates that sulfates continue to                     The State also explains the             B. Determination of Adequacy of
                                               be the major concern, with EGUs being                   importance of the IMPROVE monitoring Existing Regional Haze Plan
                                               the largest contributor. As identified in               network for tracking visibility trends at     Under 40 CFR 51.308(h), states are
                                               Table 3–1 of the Progress Report, the                   Class I areas in North Carolina. North     required to take one of four possible
                                               State estimates that SO2 emissions from                 Carolina states that data produced by      actions based on the information
                                               EGUs in North Carolina have decreased                   the IMPROVE monitoring network will        gathered and conclusions made in the
                                               by approximately 387,400 tons per year                  be used nearly continuously for            progress report. The following section
                                               from 2002 to 2011 and expects that                      preparing the 5-year progress reports      summarizes: (1) The action taken by
                                               these emissions will continue to                        and the 10-year SIP revisions, each of     North Carolina under 40 CFR 51.308(h);
                                                                                                       which relies on analysis of the
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                                               decrease through the first regional haze                                                           (2) North Carolina’s rationale for the
                                               planning period.                                        preceding five years of data, and thus,    selected action; and (3) EPA’s analysis
                                                  The only coal-fired EGU in North                     the monitoring data from the IMPROVE       and proposed determination regarding
                                               Carolina which is in the area of                        sites needs to be readily accessible and   the State’s action.
                                               influence (as defined by North                          to be kept up to date. The VIEWS Web          In its Progress Report, North Carolina
                                               Carolina’s methodology) of the James                    site has been maintained by VISTAS         took the action provided for by 40 CFR
                                               River Face Class I area in Virginia was                 and the other Regional Planning            51.308(h)(1), which allows a state to
                                               retired in April 2012. The SO2 emission                 Organizations to provide ready access to submit a negative declaration to EPA if


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                                               38992                 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules

                                               the state determines that the existing                  of the Paperwork Reduction Act (44                     ENVIRONMENTAL PROTECTION
                                               regional haze plan requires no further                  U.S.C. 3501 et seq.);                                  AGENCY
                                               substantive revision at this time to                       • Is certified as not having a
                                               achieve the RPGs for Class I areas                                                                             40 CFR Part 52
                                                                                                       significant economic impact on a
                                               affected by the state’s sources. The basis                                                                     [EPA–R03–OAR–2008–0603; FRL–9947–67–
                                                                                                       substantial number of small entities
                                               for the State’s negative declaration is the                                                                    Region 3]
                                                                                                       under the Regulatory Flexibility Act
                                               findings from the Progress Report,
                                               including the findings that: Visibility                 (5 U.S.C. 601 et seq.);
                                                                                                                                                              Approval and Promulgation of Air
                                               has improved at Class I areas (with the                    • Does not contain any unfunded                     Quality Implementation Plans;
                                               exception of the best-days visibility at                mandate or significantly or uniquely                   Pennsylvania; Philadelphia County
                                               SWAN as discussed above) in North                       affect small governments, as described                 Reasonably Available Control
                                               Carolina; SO2 emissions from the State’s                in the Unfunded Mandates Reform Act                    Technology Under the 1997 8-Hour
                                               sources have decreased beyond the 2018                  of 1995 (Pub. L. 104–4);                               Ozone National Ambient Air Quality
                                               projections in the regional haze plan;                     • Does not have Federalism                          Standards
                                               additional EGU control measures not
                                                                                                       implications as specified in Executive                 AGENCY:  Environmental Protection
                                               relied upon in the State’s regional haze
                                               plan have occurred or will occur in the                 Order 13132 (64 FR 43255, August 10,                   Agency (EPA).
                                               implementation period; and the EGU                      1999);                                                 ACTION: Proposed rule.
                                               SO2 emissions in North Carolina are                        • Is not an economically significant                SUMMARY:    The Environmental Protection
                                               already below the levels projected for                  regulatory action based on health or                   Agency (EPA) is proposing to approve
                                               2018 in the regional haze plan and are                  safety risks subject to Executive Order                state implementation plan (SIP)
                                               expected to continue to trend                           13045 (62 FR 19885, April 23, 1997);                   revisions submitted by the
                                               downward. EPA proposes to conclude                         • Is not a significant regulatory action            Commonwealth of Pennsylvania. These
                                               that North Carolina has adequately                                                                             revisions pertain to a demonstration that
                                                                                                       subject to Executive Order 13211 (66 FR
                                               addressed 40 CFR 51.308(h) because the                                                                         Philadelphia County (Philadelphia)
                                                                                                       28355, May 22, 2001);
                                               visibility trends at the Class I areas                                                                         meets the requirements for reasonably
                                               impacted by the State’s sources and the                    • Is not subject to requirements of
                                                                                                                                                              available control technology (RACT) of
                                               emissions trends of the State’s largest                 Section 12(d) of the National                          the Clean Air Act (CAA) for nitrogen
                                               emitters of visibility-impairing                        Technology Transfer and Advancement                    oxides (NOX) and volatile organic
                                               pollutants indicate that the RPGs for                   Act of 1995 (15 U.S.C. 272 note) because               compounds (VOC) as ozone precursors
                                               Class I areas impacted by source in                     application of those requirements would                for the 1997 8-hour ozone national
                                               North Carolina will be met.                             be inconsistent with the CAA; and                      ambient air quality standards (NAAQS).
                                               IV. Proposed Action                                        • Does not provide EPA with the                     In this rulemaking action, EPA is
                                                                                                       discretionary authority to address, as                 proposing to approve three separate SIP
                                                  EPA is proposing to approve North
                                                                                                       appropriate, disproportionate human                    revisions addressing RACT under the
                                               Carolina’s Regional Haze Progress                                                                              1997 8-hour ozone NAAQS for
                                               Report, SIP revision, submitted by the                  health or environmental effects, using
                                                                                                       practicable and legally permissible                    Philadelphia, including new or revised
                                               State on May 31, 2013, as meeting the                                                                          source-specific RACT determinations
                                               applicable regional haze requirements                   methods, under Executive Order 12898
                                                                                                       (59 FR 7629, February 16, 1994).                       for fifteen major sources of NOX and/or
                                               set forth in 40 CFR 51.308(g) and (h).                                                                         VOC and certifications that certain
                                               EPA also proposes to approve the                           The SIP is not approved to apply on                 previous source-specific RACT
                                               updated RPGs for North Carolina’s Class                 any Indian reservation land or in any                  determinations for major sources of NOX
                                               I areas.                                                other area where EPA or an Indian tribe                and/or VOC continue to adequately
                                               V. Statutory and Executive Order                        has demonstrated that a tribe has                      represent RACT under the 1997 8-hour
                                               Reviews                                                 jurisdiction. In those areas of Indian                 ozone NAAQS. EPA also proposes to
                                                                                                       country, the rule does not have tribal                 convert the prior conditional approval
                                                 Under the CAA, the Administrator is
                                               required to approve a SIP submission                    implications as specified by Executive                 of the Philadelphia RACT
                                               that complies with the provisions of the                Order 13175 (65 FR 67249, November 9,                  demonstration for the 1997 8-hour
                                               Act and applicable federal regulations.                 2000), nor will it impose substantial                  ozone NAAQS to full approval, as
                                               See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 direct costs on tribal governments or                  Pennsylvania has met the obligations
                                               Thus, in reviewing SIP submissions,                     preempt tribal law.                                    associated with the conditional
                                               EPA’s role is to approve state choices,                                                                        approval. EPA therefore proposes to
                                                                                                       List of Subjects in 40 CFR Part 52                     find that Pennsylvania has met all
                                               provided that they meet the criteria of
                                               the CAA. Accordingly, this proposed                       Environmental protection, Air                        applicable RACT requirements under
                                               action merely proposes to approve state                                                                        the CAA for the 1997 8-hour ozone
                                                                                                       pollution control, Incorporation by
                                               law as meeting federal requirements and                                                                        NAAQS for Philadelphia. This action is
                                                                                                       reference, Intergovernmental relations,
                                               does not impose additional                                                                                     being taken under the CAA.
                                                                                                       Nitrogen oxides, Particulate matter,
                                               requirements beyond those imposed by                                                                           DATES: Written comments must be
                                                                                                       Reporting and recordkeeping
                                               state law. For that reason, this proposed                                                                      received on or before July 15, 2016.
                                                                                                       requirements, Sulfur dioxide, Volatile
                                               action:                                                                                                        ADDRESSES: Submit your comments,
                                                                                                       organic compounds.
                                                 • Is not a significant regulatory action                                                                     identified by Docket ID No. EPA–R03–
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               subject to review by the Office of                        Authority: 42 U.S.C. 7401 et seq.                    OAR–2008–0603 at http://
                                               Management and Budget under                               Dated: June 1, 2016.                                 www.regulations.gov, or via email to
                                               Executive Orders 12866 (58 FR 51735,                    Heather McTeer Toney,                                  Fernandez.cristina@epa.gov. For
                                               October 4, 1993) and 13563 (76 FR 3821,                                                                        comments submitted at Regulations.gov,
                                                                                                       Regional Administrator, Region 4.
                                               January 21, 2011);                                                                                             follow the online instructions for
                                                 • Does not impose an information                      [FR Doc. 2016–14036 Filed 6–14–16; 8:45 am]
                                                                                                                                                              submitting comments. Once submitted,
                                               collection burden under the provisions                  BILLING CODE 6560–50–P                                 comments cannot be edited or removed


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Document Created: 2016-06-15 02:21:20
Document Modified: 2016-06-15 02:21:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before July 15, 2016.
ContactSean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 and via electronic mail at [email protected]
FR Citation81 FR 38986 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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