82 FR 36707 - Air Plan Approval; Kentucky; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 150 (August 7, 2017)
Federal Register Volume 82, Issue 150 (August 7, 2017)
| Page Range | 36707-36713 | |
| FR Document | 2017-16484 |
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)] [Proposed Rules] [Pages 36707-36713] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16484] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0462; FRL-9965-68-Region 4] Air Plan Approval; Kentucky; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division of Air Quality (KDAQ) on September 17, 2014. Kentucky's September 17, 2014, 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 Kentucky's determination that the Commonwealth's regional haze plan is adequate to meet these RPGs for the first implementation period covering through 2018 and requires no substantive revision at this time. DATE: Comments must be received on or before September 6, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2016-0462 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: Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background States are required to submit a progress report in the form of a SIP revision that evaluates progress towards the RPGs for each mandatory Class I federal area \1\ (Class I area) within the state and for each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze plan. The progress report is due five years after submittal of the initial regional haze plan. Kentucky submitted its regional haze plan on June 25, 2008, as later amended in a SIP revision submitted on May 28, 2010.\2\ --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). Listed at 40 CFR part 81 Subpart D. \2\ Throughout this document, references to Kentucky's ``regional haze plan'' refer to Kentucky's original June 25, 2008, regional haze SIP submittal, as later amended in a SIP revision submitted on May 28, 2010. --------------------------------------------------------------------------- Like many other states subject to the Clean Air Interstate Rule (CAIR), Kentucky relied on CAIR in its regional haze plan to meet certain requirements of EPA's Regional Haze Rule, including best available retrofit technology (BART) requirements for emissions of sulfur dioxide (SO2 ) and nitrogen oxides (NOX ) from certain electric generating units (EGUs) in the Commonwealth.\3\ This reliance was consistent with EPA's regulations at the time that Kentucky developed its regional haze plan. See 70 FR 39104 (July 6, 2005). However, in 2008, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded CAIR to [[Page 36708]] EPA without vacatur to preserve the environmental benefits provided by CAIR. North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA promulgated the Cross-State Air Pollution Rule (CSAPR) to replace CAIR and issued Federal Implementation Plans (FIPs) to implement the rule in CSAPR-subject states.\4\ Implementation of CSAPR was scheduled to begin on January 1, 2012, when CSAPR would have superseded the CAIR program. However, numerous parties filed petitions for review of CSAPR, and at the end of 2011, the D.C. Circuit issued an order staying CSAPR pending resolution of the petitions and directing EPA to continue to administer CAIR. Order of December 30, 2011, in EME Homer City Generation, L.P. v. EPA, D.C. Cir. No. 11-1302. --------------------------------------------------------------------------- \3\ CAIR required certain states, including Kentucky, to reduce emissions of SO2 and NOX that significantly contribute to downwind nonattainment of the 1997 National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5 ) and ozone. See 70 FR 25162 (May 12, 2005). \4\ CSAPR requires substantial reductions of SO2 and NOX emissions from EGUs in 28 states in the Eastern United States that significantly contribute to downwind nonattainment of the 1997 PM2.5 and ozone NAAQS and 2006 PM2.5 NAAQS. --------------------------------------------------------------------------- On March 30, 2012, EPA finalized a limited approval of Kentucky's regional haze plan as meeting some of the applicable regional haze requirements as set forth in sections 169A and 169B of the CAA and in 40 CFR 51.300-308. Also in this March 30, 2012, action, EPA finalized a limited disapproval of Kentucky's regional haze plan because of deficiencies arising from the Commonwealth's reliance on CAIR to satisfy certain regional haze requirements. See 77 FR 19098. On June 7, 2012, EPA promulgated FIPs to replace reliance on CAIR with reliance on CSAPR to address deficiencies in CAIR-dependent regional haze plans of several states, including Kentucky's regional haze plan. See 77 FR 33642. Following additional litigation and the lifting of the stay, EPA began implementation of CSAPR on January 1, 2015. On September 17, 2014, Kentucky submitted its Progress Report which, among other things, detailed the progress made in the first period toward implementation of the long term strategy outlined in the Commonwealth's regional haze plan; the visibility improvement measured at Mammoth Cave National Park (Mammoth Cave), the only Class I area within Kentucky, and at Class I areas outside of the Commonwealth potentially impacted by emissions from Kentucky; and a determination of the adequacy of the Commonwealth's existing regional haze plan. EPA is proposing to approve Kentucky's September 17, 2014, Progress Report for the reasons discussed below. II. EPA's Evaluation of Kentucky's Progress Report and Adequacy Determination A. Regional Haze Progress Report This section includes EPA's analysis of Kentucky's Progress Report, and an explanation of the basis for the Agency's proposed approval. 1. Control Measures In its Progress Report, Kentucky summarizes the status of the emissions reduction measures that were relied upon by Kentucky in its regional haze plan and included in the final iteration of the Visibility Improvement State and Tribal Association of the Southeast (VISTAS) regional haze emissions inventory and RPG modeling used by the Commonwealth in developing its regional haze plan. The measures include, among other things, applicable Federal programs (e.g., mobile source rules, Maximum Achievable Control Technology standards), Federal consent agreements, and Federal control strategies for EGUs. Kentucky also reviewed the status of BART requirements for the five BART-subject sources for particulate matter (PM) in the Commonwealth--American Electric Power (AEP) Big Sandy Plant, E.ON U.S Mill Creek Station, East Kentucky Power Cooperative (EKPC) Cooper Station, EKPC Spurlock Station, and Tennessee Valley Authority (TVA) Paradise Plant--and described the court decisions addressing CAIR and CSAPR at the time of progress report development.\5\ --------------------------------------------------------------------------- \5\ Kentucky Progress Report, pp. 33-35. --------------------------------------------------------------------------- As discussed above, a number of states, including Kentucky, submitted regional haze SIPs that relied on CAIR to meet certain regional haze requirements. EPA finalized a limited disapproval of Kentucky's regional haze plan due to this reliance and promulgated a FIP to replace the Commonwealth's reliance on CAIR with reliance on CSAPR. Although a number of parties challenged the legality of CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), the United States Supreme Court reversed the D.C. Circuit's decision on April 29, 2014, and remanded the case to the D.C. Circuit to resolve remaining issues in accordance with the high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects, and CSAPR is now in effect. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). Kentucky notes in its Progress Report that it has an EPA- approved CAIR SIP and that CAIR was in effect at the time of Progress Report submittal due to the 2011 CSAPR stay. Because CSAPR should result in greater emissions reductions of SO2 and NOX than CAIR throughout the affected region, EPA expects Kentucky to maintain and continue its progress towards its RPGs for 2018 through continued, and additional, SO2 and NOX reductions. See generally 76 FR 48208 (August 8, 2011). The Commonwealth also discusses in its Progress Report 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. These measures include EPA's Mercury and Air Toxics Rule, three Federal consent decrees, and planned retirements and fuel switching at several EGUs in Kentucky. The Commonwealth notes that the emissions reductions from these measures will help ensure that Class I areas impacted by Kentucky sources achieve their RPGs. In its regional haze plan and Progress Report, Kentucky focuses its assessment on SO2 emissions from EGUs because of VISTAS' findings that ammonium sulfate accounted for 69-87 percent of the visibility-impairing pollution in the VISTAS states and roughly 82 percent of the visibility-impairing pollution at Mammoth Cave National Park on the 20 percent worst visibility days. Although Kentucky determined in its regional haze plan that no additional controls for sources in the Commonwealth were needed to make reasonable progress for SO2 during the first implementation period,\6\ Kentucky's Progress Report identifies the control status of eight out-of-state EGUs, six from Indiana and two from Tennessee, located in the area of influence of Kentucky's Class I area using the Commonwealth's methodology for determining sources eligible for a reasonable progress control determination. Because these eight EGUs were subject to CAIR and Mammoth Cave National Park was projected to exceed the uniform rate of progress during the first implementation period, KDAQ opted not to request from Indiana and Tennessee any additional emissions reductions for reasonable progress for the first implementation period.\7\ Kentucky's Progress Report indicates that SO2 emissions from these eight out-of-state EGUs have decreased by nearly 50 percent from 2002 to 2012. --------------------------------------------------------------------------- \6\ See 76 FR 78204. \7\ See 76 FR 78213 and Kentucky Progress Report, p. 37. --------------------------------------------------------------------------- [[Page 36709]] In addition, the Commonwealth provides an update on the control status of EGUs in Kentucky identified by Maine, New Jersey, New Hampshire, and Vermont as contributing to visibility impairment at Class I areas located in those states based on 2002 emissions. These states are members of the Mid-Atlantic/Northeast Visibility Union (MANE-VU), which identified 167 EGU ``stacks,'' 10 of which are in Kentucky, as contributing significantly to visibility impairment at MANE-VU Class I areas in 2002. The 10 EGU stacks are located at: Duke Energy's East Bend plant; EKPC's Cooper and Spurlock plants; AEP Big Sandy plant; E.ON U.S. E.W. Brown, Ghent, and Mill Creek plants; and TVA Paradise. MANE-VU asked Kentucky to control the SO2 emissions from these EGUs with a 90 percent control efficiency and to adopt a control strategy to provide a 28 percent reduction in SO2 emissions from non-EGU emission sources that would be equivalent to MANE-VU's proposed low sulfur residential fuel oil strategy. In its Progress Report, the Commonwealth notes that the Kentucky EGUs identified by MANE-VU either have or will have scrubbers with a minimum SO2 control efficiency of 90 percent or are scheduled for retirement by 2018. Kentucky also notes that there was a decrease of 196,753 tons in SO2 emissions from 2002 to 2012 \8\ at these EGUs and that planned retirements at these EGUs will result in an additional SO2 emissions decrease of 30,845 tons by 2018 from these units. --------------------------------------------------------------------------- \8\ Kentucky Progress Report, Table 15, pp.62-65. The emissions reductions are based on data from EPA's Clean Air Markets Division provided in the Progress Report. --------------------------------------------------------------------------- EPA proposes to find that Kentucky has adequately addressed the applicable provisions under 40 CFR 51.308(g) regarding the implementation status of control measures because the Commonwealth described the implementation of measures within Kentucky, including BART at BART-subject sources for PM. 2. Emissions Reductions As discussed above, Kentucky focused its assessment in its regional haze plan and Progress Report on SO2 emissions from EGUs because of VISTAS' findings that ammonium sulfate is the primary component of visibility-impairing pollution in the VISTAS states. In its Progress Report, Kentucky provides SO2 emissions data from EPA's Clean Air Markets Division (CAMD) for each coal-fired EGU in the Commonwealth. Actual SO2 emissions reductions from 2002 to 2012 for these Kentucky EGUs (300,335 tons) have already exceeded the projected SO2 emissions reductions from 2002 to 2018 estimated in Kentucky's regional haze plan for these EGUs (261,234 tons).\9\ Kentucky also includes cumulative SO2 and NOX CAMD emissions data from 2002-2012 for EGUs in the Commonwealth subject to reporting under the Acid Rain Program. This data shows a decline in these emissions over this time period and shows that the SO2 reductions are greater than those estimated for these units between 2002-2018 in the Commonwealth's regional haze plan. The emissions reductions identified by Kentucky are due, in part, to the implemenation of measures included in the Commonwealth's regional haze plan (e.g., CAIR). --------------------------------------------------------------------------- \9\ Kentucky Progress Report, Table 14, pp. 53-60. --------------------------------------------------------------------------- EPA proposes to find that Kentucky has adequately addressed the applicable provisions of 40 CFR 51.308(g) regarding emissions reductions because the Commonwealth identifies SO2 emissions reductions from EGUs in Kentucky, the largest sources of SO2 emissions in the Commonwealth. 3. Visibility Conditions The provisions under 40 CFR 51.308(g) require that states with Class I areas within their borders provide information on current visibility conditions and the difference between current visibility conditions and baseline visibility conditions expressed in terms of five-year averages of these annual values. Kentucky's Progress Report provides figures with visibility monitoring data for Mammoth Cave. Kentucky reported current visibility conditions as both the 2006-2010 and 2009-2013 five-year time periods and used the 2000-2004 baseline period for its Class I area.\10\ Table 1, below, shows the visibility conditions for both the 2006-2010 and 2009-2013 five-year time periods and the difference between these current visibility conditions and baseline visibility conditions. --------------------------------------------------------------------------- \10\ 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 Kentucky's Class I Area [deciviews] ---------------------------------------------------------------------------------------------------------------- Baseline (2000- Current (2006- More current Class I area 2004) 2010) Difference (2009-2013) Difference ---------------------------------------------------------------------------------------------------------------- 20% Worst Days ---------------------------------------------------------------------------------------------------------------- Mammoth Cave National Park...... 31.37 29.09 -2.28 25.09 -6.28 ---------------------------------------------------------------------------------------------------------------- 20% Best Days ---------------------------------------------------------------------------------------------------------------- Mammoth Cave National Park...... 16.51 15.41 -1.10 13.69 -2.82 ---------------------------------------------------------------------------------------------------------------- As shown in Table 1, Mammoth Cave saw an improvement in visibility between baseline and the 2006-2010 and 2009-2013 time periods.\11\ Kentucky also reported 20 percent worst day and 20 percent best day visibility data for Mammoth Cave from 2006-2013 for each year in terms of five-year averages.\12\ This data shows an improvement in visibility at Mammoth Cave on the 20 percent best days from 2006-2013 and on the 20 percent worst days from 2007-2013. --------------------------------------------------------------------------- \11\ Kentucky Progress Report, Tables 17 and 18, pp. 67-68. \12\ Kentucky Progress Report, Table 18, p.68. --------------------------------------------------------------------------- EPA notes that Kentucky's original RPGs were based on the VISTAS modeling run available at the time of Kentucky's June 25, 2008, regional haze plan. In 2008, VISTAS provided updated modeling results that changed the modeled progress for Kentucky's Class I area. Table 2 identifies the RPGs for Mammoth Cave in the Commonwealth's regional haze plan and provides, for comparison purposes only, the updated RPGs provided by VISTAS.\13\ --------------------------------------------------------------------------- \13\ Kentucky Progress Report, Table 16, p. 66. [[Page 36710]] Table 2--Updated RPGs for Kentucky's Class I Area [deciviews] ------------------------------------------------------------------------ RPG 20% worst RPG 20% best Class I area Mammoth Cave National Park days days ------------------------------------------------------------------------ Original RPGs........................... 25.56 15.57 Updated RPGs............................ 25.40 15.42 ------------------------------------------------------------------------ EPA proposes to find that Kentucky has adequately addressed the applicable provisions under 40 CFR 51.308(g) regarding visibility conditions because the Commonwealth provided baseline visibility conditions (2000-2004), current conditions based on the most recently available visibility monitoring data available at the time of Progress Report development, the difference between these current sets of visibility conditions and baseline visibility conditions, and the change in visibility impairment from 2006-2013. 4. Emissions Tracking In its Progress Report, Kentucky presents data from a statewide actual emissions inventory for 2007 and compares this data to the baseline emissions inventory for 2002 (actual and typical emissions).\14\ The pollutants inventoried include VOC, NH3 , NOX , PM2.5 , coarse particulate matter (PM10 ), and SO2 . The emissions inventories include the following source classifications: point, area, fires, non- road mobile, and on-road mobile sources. As discussed in Section II.A.2, above, Kentucky also presented NOX and SO2 data from 2002-2012 for EGUs in Kentucky. --------------------------------------------------------------------------- \14\ For the typical 2002 stationary point source emissions inventory, the EGU emissions are adjusted for a typical year so that if sources were shut down or are operating above or below normal, the emissions are normalized to a typical emissions inventory year. The typical year data is used to develop projected typical future year emissions inventories. --------------------------------------------------------------------------- Kentucky estimated on-road mobile source emissions in the 2007 inventory using EPA's MOVES model. This model tends to estimate higher emissions for NOX and PM than its previous counterpart, EPA's MOBILE6.2 model, used by the Commonwealth to estimate on-road mobile source emissions for the 2002 inventories. Despite the change in methodology, with the exception of a slight increase in PM2.5 and PM10 , 2007 actual emissions are lower for all inventoried emissions than both the actual and typical 2002 emissions, as can be seen when comparing Tables 3 and 4 to Table 5. Table 3--2002 Actual Emissions Inventory Summary for Kentucky [tpy] -------------------------------------------------------------------------------------------------------------------------------------------------------- Source category NH 3 NOX PM10 PM2.5 SO2 VOC -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 1,000 237,209 21,326 14,173 518,086 46,321 Area.................................................... 51,135 39,507 233,559 45,453 41,805 95,375 On-Road Mobile.......................................... 5,055 156,417 3,723 2,697 6,308 103,503 Non-Road Mobile......................................... 31 104,571 6,425 6,046 14,043 44,805 Fires................................................... 44 1,142 5,226 5,074 49 2,640 ----------------------------------------------------------------------------------------------- Total............................................... 57,265 538,846 270,259 73,443 580,291 292,644 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 4--2002 Typical Emissions Inventory Summary for Kentucky [tpy] -------------------------------------------------------------------------------------------------------------------------------------------------------- Source category NH 3 NOX PM10 PM2.5 SO2 VOC -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 995 240,362 21,421 14,219 529,182 46,315 Area.................................................... 51,135 39,507 233,559 45,453 41,805 95,375 On-Road Mobile.......................................... 5,055 156,417 3,723 2,697 6,308 103,503 Non-Road Mobile......................................... 31 104,517 6,425 6,046 14,043 44,805 Fires................................................... 110 1,460 6,667 6,310 136 3,338 ----------------------------------------------------------------------------------------------- Total............................................... 57,326 542,317 271,795 74,725 591,474 293,336 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 5--2007 Actual Emissions Inventory Summary for Kentucky [tpy] -------------------------------------------------------------------------------------------------------------------------------------------------------- Source category NH3 NOX PM10 PM2.5 SO2 VOC -------------------------------------------------------------------------------------------------------------------------------------------------------- Point................................................... 113 210,213 30,678 21,110 410,413 47,679 Area.................................................... 52,332 12,693 226,829 40,341 15,590 75,100 On-Road Mobile.......................................... 2,172 133,425 5,524 4,363 1,022 55,883 Non-Road Mobile......................................... 46 63,454 4,207 3,969 3,037 38,785 Fires................................................... 138 1,377 5,016 4,678 180 2,939 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 36711]] Total............................................... 54,801 421,163 272,254 74,461 430,242 220,386 -------------------------------------------------------------------------------------------------------------------------------------------------------- EPA is proposing to find that Kentucky adequately addressed the provisions of 40 CFR 51.308(g) regarding emissions tracking because the Commonwealth compared the most recent updated emission inventory data available at the time of Progress Report development with the baseline emissions used in the modeling for the regional haze plan. Furthermore, Kentucky evaluated available CAMD SO2 emissions data from 2002 to 2012 for Kentucky EGUs because this data was available at the time of Progress Report development, ammonium sulfate is the primary component of visibility-impairing pollution in the VISTAS states, and EGUs are the largest source of SO2 in the Commonwealth. 5. Assessment of Changes Impeding Visibility Progress In its Progress Report, Kentucky documented that sulfates, which are formed from SO2 emissions, continue to be the biggest single contributor to regional haze for Class I areas in the Commonwealth and therefore focused its analysis on large SO2 emissions from point sources. In addressing the requirements at 40 CFR 51.308(g)(5), Kentucky demonstrates that sulfate contributions to visibility impairment have decreased overall from 2000 to 2013 \15\ along with an improvement in visibility, and examines other potential pollutants of concern affecting visibility at Mammoth Cave. The Commonwealth presents data for the 20 percent worst days showing that ammonium sulfate is responsible for 79.6 and 67.8 percent of the regional haze at Mammoth Cave for the periods 2006-2010 and 2009-2013, respectively. For 2006-2010, primary organic matter is the next largest contributor at 9.3 percent whereas for 2009-2013, the next largest contributor to regional haze is ammonium nitrate at 13.9 percent, followed by primary organic matter at 11.7 percent. Furthermore, the Progress Report shows that the Commonwealth is on track to meeting its 2018 RPGs for Mammoth Cave and that SO2 emissions reductions from 2002-2012 for EGUs in Kentucky have exceeded the projected reductions from 2002-2018 in the regional haze plan. --------------------------------------------------------------------------- \15\ Kentucky Progress Report, Figures 21 and 22, p. 80. --------------------------------------------------------------------------- EPA proposes to find that Kentucky has adequately addressed the provisions of 40 CFR 51.308(g) regarding an assessment of significant changes in anthropogenic emissions. EPA preliminarily agrees with Kentucky's conclusion that there have been no significant changes in emissions of visibility-impairing pollutants which have limited or impeded progress in reducing emissions and improving visibility in Class I areas impacted by the Commonwealth's sources. 6. Assessment of Current Strategy The Commonwealth believes that it is on track to meet the 2018 RPGs for Mammoth Cave and will not impede Class I areas outside of Kentucky from meeting their RPGs based on the trends in visibility and emissions presented in its Progress Report. Kentucky notes that the IMPROVE visibility readings for 2009-2013 already show greater improvments in visibility than projected by Kentucky in establishing the 2018 RPGs for Mammoth Cave and that SO2 emissions from coal-fired EGUs in the Commonwealth have fallen from 2002 to 2012 by more than than the predicted decline in SO2 emissions from these sources for the first planning period in Kentucky's regional haze plan. Kentucky expects that these emissions will continue to decrease through the first regional haze implementation period. The Commonwealth identifies additional SO2 reductions of 49,649 tpy from Kentucky EGUs that are retiring or converting to natural gas which were not accounted for in the original 2018 emissions projections in its regional haze plan.\16\ Kentucky also provides data showing that SO2 emissions from 2002 to 2012 from EGUs outside of the Commonwealth impacting visibility at Mammoth Cave have decreased by nearly 49 percent (65,416 tpy). In addition, the Commonwealth provides emissions data in Table 13 and in Figures 10 and 12 of its Progress Report showing a declining trend in SO2 and NOX emissions from 2002 to 2012 for EGUs in Kentucky and the VISTAS states. --------------------------------------------------------------------------- \16\ Kentucky Progress Report, Table 11, pp. 42-43. --------------------------------------------------------------------------- Kentucky also provides updated visibility analyses for Mammoth Cave and the Class I areas outside the Commonwealth potentially impacted by sources in Kentucky (Great Smoky Mountains National Park in North Carolina and Tennessee, James River Face Wilderness Area and Shenandoah National Park in Virginia, Linville Gorge Wilderness Area in North Carolina, and Dolly Sods Wilderness Area in West Virginia), and notes that these analyses show that these areas are on track to achieve their RPGs by 2018.\17\ --------------------------------------------------------------------------- \17\ Kentucky Progress Report, Table 26, p. 87; Figures 23-32, pp. 82-86; Figures 14 and 15, pp. 69-70. --------------------------------------------------------------------------- As discussed in Section II.A.1, above, CAIR was implemented during the time period evaluated by Kentucky for its Progress Report, but has now been replaced by CSAPR. At the present time, the requirements of CSAPR apply to sources in Kentucky under the terms of a FIP because Kentucky has not, to date, incorporated the CSAPR requirements into its SIP. Kentuky's regional haze plan accordingly does not contain sufficient provisions to ensure that the RPGs of Class I areas in nearby states will be achieved. The term ``implementation plan,'' however, is defined for purposes of the Regional Haze Rule to mean ``any [SIP], [FIP], or Tribal Implementation Plan.'' 40 CFR 51.301. Measures in any issued FIP, as well as those in a state's regional haze SIP, may therefore be considered in assessing the adequacy of the ``existing implementation plan.'' EPA proposes to find that Kentucky has adequately addressed the provisions of 40 CFR 51.308(g) regarding the strategy assessment. In its Progress Report, Kentucky described the improving visibility trends using data from the IMPROVE network and the downward emissions trends in key pollutants, with a focus on SO2 emissions from EGUs in the Commonwealth. Kentucky determined that its regional haze plan is sufficient to meet the RPGs for its own Class I area and the Class I areas outside the Commonwealth potentially impacted by the emissions from Kentucky. EPA finds that Kentucky's conclusion regarding the sufficiency of its regional haze plan is appropriate because CAIR was in effect in Kentucky through 2014, providing the emission reductions relied upon in Kentucky's regional haze [[Page 36712]] plan through that date. CSAPR is now being implemented, and by 2018, the end of the first regional haze implementation period, CSAPR will reduce emissions of SO2 and NOX from EGUs in Kentucky by the same amount assumed by EPA when it issued the FIP for the Commonwealth in June 2012 replacing reliance on CAIR with reliance on CSAPR. Because CSAPR will ensure the control of SO2 and NOX emissions reductions relied upon by Kentucky and other states in setting their RPGs beginning in January 2015 at least through the remainder of the first implementation period in 2018, EPA is proposing to approve Kentucky's finding that the plan elements and strategies in its implementation plan are sufficient to achieve the RPGs for the Class I area in the Commonwealth and for Class I areas in nearby states potentially impacted by sources in the Commonwealth. 7. Review of Current Monitoring Strategy In its Progress Report, Kentucky summarizes the existing monitoring network in Kentucky to monitor visibility at Mammoth Cave and concludes that no modifications to the existing visibility monitoring strategy are necessary. The primary monitoring network for regional haze, both nationwide and in Kentucky, is the Interagency Monitoring of Protected Visual Environments (IMPROVE) network. There is currently one IMPROVE site located in Mammoth Cave National Park. The Commonwealth also explains the importance of the IMPROVE monitoring network for tracking visibility trends at the Class I area in Kentucky. Kentucky states that data produced by the IMPROVE monitoring network will be used nearly continuously for preparing the regional haze progress reports and SIP revisions, and thus, the monitoring data from the IMPROVE sites needs to be readily accessible and to be kept up to date. The Visibility Information Exchange Web System 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. Kentucky benefits from the data from these measurements, but is not responsible for associated funding decisions to maintain these measurements into the future. In addition, KDAQ operates a PM2.5 network of filter- based Federal reference method monitors and filter-based speciation monitors. These PM2.5 measurements help the KDAQ characterize air pollution levels in areas across the Commonwealth, and therefore aid in the analysis of visibility improvement in and near Mammoth Cave. EPA proposes to find that Kentucky has adequately addressed the applicable provisions of 40 CFR 51.308(g) regarding monitoring strategy because the Commonwealth reviewed its visibility monitoring strategy and determined that no further modifications to the strategy are necessary. B. Determination of Adequacy of the Existing Regional Haze Plan In its Progress Report, Kentucky submitted a negative declaration to EPA regarding the need for additional actions or emissions reductions in Kentucky beyond those already in place and those to be implemented by 2018 according to Kentucky's regional haze plan. Kentucky determined 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 Commonwealth's sources. The Commonwealth's negative declaration is based on the findings from the Progress Report, including the findings that: visibility has already improved at Mammoth Cave in Kentucky such that monitored 2009-2013 visibility readings show that the Class I area has already met its RPGs for 2018; actual SO2 emissions reductions from coal-fired EGUs in Kentucky exceed the predicted reductions in Kentucky's regional haze plan; additional EGU control measures not relied upon in the Commonwealth's regional haze plan have occurred or will occur during the first implementation period that will further reduce SO2 emissions; and emissions of SO2 from EGUs in Kentucky and the surrounding VISTAS states are expected to continue to trend downward. EPA proposes to conclude that Kentucky has adequately addressed 40 CFR 51.308(h) because the visibility trends at Mammoth Cave and at Class I areas outside of the Commonwealth potentially impacted by sources within Kentucky and the emissions trends of the largest emitters of visibility-impairing pollutants in the Commonwealth indicate that the relevant RPGs will be met. III. Proposed Action EPA is proposing to approve Kentucky's September 17, 2014, Regional Haze Progress Report as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and 51.308(h). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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). [[Page 36713]] 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: July 25, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017-16484 Filed 8-4-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36707
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in six adjustments to PRS mail AGENCY commenting-epa-dockets.
processing costs, including a decrease of FOR FURTHER INFORMATION CONTACT:
more than 30 percent in return delivery 40 CFR Part 52 Michele Notarianni, Air Regulatory
unit oversize costs. Id. [EPA–R04–OAR–2016–0462; FRL–9965–68- Management Section, Air Planning and
The transportation cost adjustments Region 4] Implementation Branch, Air, Pesticides
incorporate methodology changes and Toxics Management Division, U.S.
approved by the Commission in Order Air Plan Approval; Kentucky; Regional Environmental Protection Agency,
No. 3973 2 with the cost model changes Haze Progress Report Region 4, 61 Forsyth Street SW.,
the Postal Service proposes in this AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. Ms.
docket. The resulting Parcel Select cost Agency (EPA). Notarianni can be reached by phone at
decreases range from 6.4 to 94.6 percent. (404) 562–9031 and via electronic mail
ACTION: Proposed rule.
Petition, Proposal Six at 15–16, 19. at notarianni.michele@epa.gov.
Additionally, the transportation cost for SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
destination sectional center facility rates Agency (EPA) is proposing to approve a I. Background
will increase by 193 percent. Id. at 16, State Implementation Plan (SIP)
19. The PRS costs for return sectional revision submitted by the States are required to submit a
center facility will decrease by almost Commonwealth of Kentucky through progress report in the form of a SIP
26 percent. Id. the Kentucky Energy and Environment revision that evaluates progress towards
Cabinet, Division of Air Quality (KDAQ) the RPGs for each mandatory Class I
III. Notice and Comment federal area 1 (Class I area) within the
on September 17, 2014. Kentucky’s
The Commission establishes Docket September 17, 2014, SIP revision state and for each Class I area outside
No. RM2017–10 for consideration of (Progress Report) addresses the state which may be affected by
matters raised by the Petition. More requirements of the Clean Air Act (CAA emissions from within the state. 40 CFR
information on the Petition may be or Act) and EPA’s rules that require 51.308(g). In addition, the provisions of
accessed via the Commission’s Web site each state to submit periodic reports 40 CFR 51.308(h) require states to
at http://www.prc.gov. Interested describing progress towards reasonable submit, at the same time as the 40 CFR
persons may submit comments on the progress goals (RPGs) established for 51.308(g) progress report, a
Petition and Proposal Six no later than regional haze and a determination of the determination of the adequacy of the
September 15, 2017. Pursuant to 39 adequacy of the state’s existing SIP state’s existing regional haze plan. The
U.S.C. 505, Lyudmila Y. Bzhilyanskaya addressing regional haze (regional haze progress report is due five years after
is designated as officer of the plan). EPA is proposing to approve submittal of the initial regional haze
Commission (Public Representative) to Kentucky’s determination that the plan. Kentucky submitted its regional
represent the interests of the general Commonwealth’s regional haze plan is haze plan on June 25, 2008, as later
public in this proceeding. adequate to meet these RPGs for the first amended in a SIP revision submitted on
implementation period covering May 28, 2010.2
IV. Ordering Paragraphs through 2018 and requires no Like many other states subject to the
substantive revision at this time. Clean Air Interstate Rule (CAIR),
It is ordered: Kentucky relied on CAIR in its regional
1. The Commission establishes Docket DATE: Comments must be received on or
haze plan to meet certain requirements
No. RM2017–10 for consideration of the before September 6, 2017.
of EPA’s Regional Haze Rule, including
matters raised by the Petition of the ADDRESSES: Submit your comments,
best available retrofit technology
United States Postal Service for the identified by Docket ID No. EPA–R04– (BART) requirements for emissions of
Initiation of a Proceeding to Consider OAR–2016–0462 at http:// sulfur dioxide (SO2) and nitrogen oxides
Proposed Changes in Analytical www.regulations.gov. Follow the online (NOX) from certain electric generating
Principles (Proposal Six), filed July 28, instructions for submitting comments. units (EGUs) in the Commonwealth.3
2017. Once submitted, comments cannot be This reliance was consistent with EPA’s
2. Comments by interested persons in edited or removed from Regulations.gov. regulations at the time that Kentucky
this proceeding are due no later than EPA may publish any comment received developed its regional haze plan. See 70
September 15, 2017. to its public docket. Do not submit FR 39104 (July 6, 2005). However, in
electronically any information you 2008, the United States Court of
3. Pursuant to 39 U.S.C. 505, the
consider to be Confidential Business Appeals for the District of Columbia
Commission appoints Lyudmila Y.
Information (CBI) or other information Circuit (D.C. Circuit) remanded CAIR to
Bzhilyanskaya to serve as an officer of
whose disclosure is restricted by statute.
the Commission (Public Representative)
Multimedia submissions (audio, video, 1 Areas designated as mandatory Class I federal
to represent the interests of the general
etc.) must be accompanied by a written areas consist of national parks exceeding 6000
public in this docket. acres, wilderness areas and national memorial parks
comment. The written comment is
4. The Secretary shall arrange for considered the official comment and exceeding 5000 acres, and all international parks
publication of this order in the Federal that were in existence on August 7, 1977 (42 U.S.C.
should include discussion of all points 7472(a)). Listed at 40 CFR part 81 Subpart D.
Register. you wish to make. EPA will generally 2 Throughout this document, references to
By the Commission. not consider comments or comment Kentucky’s ‘‘regional haze plan’’ refer to Kentucky’s
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Stacy L. Ruble, contents located outside of the primary original June 25, 2008, regional haze SIP submittal,
as later amended in a SIP revision submitted on
Secretary. submission (i.e., on the web, cloud, or May 28, 2010.
[FR Doc. 2017–16517 Filed 8–4–17; 8:45 am] other file sharing system). For 3 CAIR required certain states, including
BILLING CODE 7710–FW–P
additional submission methods, the full Kentucky, to reduce emissions of SO2 and NOX that
EPA public comment policy, significantly contribute to downwind
nonattainment of the 1997 National Ambient Air
2 Docket No. RM2016–12, Order on Analytical information about CBI or multimedia Quality Standard (NAAQS) for fine particulate
Principles Used in Periodic Reporting (Proposal submissions, and general guidance on matter (PM2.5) and ozone. See 70 FR 25162 (May 12,
Four), June 22, 2017 (Order No. 3973). making effective comments, please visit 2005).
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![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36709
In addition, the Commonwealth SO2 emissions decrease of 30,845 tons estimated for these units between 2002–
provides an update on the control status by 2018 from these units. 2018 in the Commonwealth’s regional
of EGUs in Kentucky identified by EPA proposes to find that Kentucky haze plan. The emissions reductions
Maine, New Jersey, New Hampshire, has adequately addressed the applicable identified by Kentucky are due, in part,
and Vermont as contributing to provisions under 40 CFR 51.308(g) to the implemenation of measures
visibility impairment at Class I areas regarding the implementation status of included in the Commonwealth’s
located in those states based on 2002 control measures because the regional haze plan (e.g., CAIR).
emissions. These states are members of Commonwealth described the EPA proposes to find that Kentucky
the Mid-Atlantic/Northeast Visibility implementation of measures within has adequately addressed the applicable
Union (MANE–VU), which identified Kentucky, including BART at BART- provisions of 40 CFR 51.308(g)
167 EGU ‘‘stacks,’’ 10 of which are in subject sources for PM. regarding emissions reductions because
Kentucky, as contributing significantly the Commonwealth identifies SO2
2. Emissions Reductions
to visibility impairment at MANE–VU emissions reductions from EGUs in
Class I areas in 2002. The 10 EGU stacks As discussed above, Kentucky Kentucky, the largest sources of SO2
are located at: Duke Energy’s East Bend focused its assessment in its regional emissions in the Commonwealth.
plant; EKPC’s Cooper and Spurlock haze plan and Progress Report on SO2
emissions from EGUs because of 3. Visibility Conditions
plants; AEP Big Sandy plant; E.ON U.S.
E.W. Brown, Ghent, and Mill Creek VISTAS’ findings that ammonium The provisions under 40 CFR
plants; and TVA Paradise. MANE–VU sulfate is the primary component of 51.308(g) require that states with Class
asked Kentucky to control the SO2 visibility-impairing pollution in the I areas within their borders provide
emissions from these EGUs with a 90 VISTAS states. In its Progress Report, information on current visibility
percent control efficiency and to adopt Kentucky provides SO2 emissions data conditions and the difference between
a control strategy to provide a 28 from EPA’s Clean Air Markets Division current visibility conditions and
percent reduction in SO2 emissions (CAMD) for each coal-fired EGU in the baseline visibility conditions expressed
from non-EGU emission sources that Commonwealth. Actual SO2 emissions in terms of five-year averages of these
would be equivalent to MANE–VU’s reductions from 2002 to 2012 for these annual values.
proposed low sulfur residential fuel oil Kentucky EGUs (300,335 tons) have Kentucky’s Progress Report provides
strategy. already exceeded the projected SO2 figures with visibility monitoring data
In its Progress Report, the emissions reductions from 2002 to 2018 for Mammoth Cave. Kentucky reported
Commonwealth notes that the Kentucky estimated in Kentucky’s regional haze current visibility conditions as both the
EGUs identified by MANE–VU either plan for these EGUs (261,234 tons).9 2006–2010 and 2009–2013 five-year
have or will have scrubbers with a Kentucky also includes cumulative SO2 time periods and used the 2000–2004
minimum SO2 control efficiency of 90 and NOX CAMD emissions data from baseline period for its Class I area.10
percent or are scheduled for retirement 2002–2012 for EGUs in the Table 1, below, shows the visibility
by 2018. Kentucky also notes that there Commonwealth subject to reporting conditions for both the 2006–2010 and
was a decrease of 196,753 tons in SO2 under the Acid Rain Program. This data 2009–2013 five-year time periods and
emissions from 2002 to 2012 8 at these shows a decline in these emissions over the difference between these current
EGUs and that planned retirements at this time period and shows that the SO2 visibility conditions and baseline
these EGUs will result in an additional reductions are greater than those visibility conditions.
TABLE 1—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN KENTUCKY’S CLASS I AREA
[deciviews]
Baseline Current More current
Class I area Difference Difference
(2000–2004) (2006–2010) (2009–2013)
20% Worst Days
Mammoth Cave National Park ............................................. 31.37 29.09 ¥2.28 25.09 ¥6.28
20% Best Days
Mammoth Cave National Park ............................................. 16.51 15.41 ¥1.10 13.69 ¥2.82
As shown in Table 1, Mammoth Cave improvement in visibility at Mammoth updated modeling results that changed
saw an improvement in visibility Cave on the 20 percent best days from the modeled progress for Kentucky’s
between baseline and the 2006–2010 2006–2013 and on the 20 percent worst Class I area. Table 2 identifies the RPGs
and 2009–2013 time periods.11 days from 2007–2013. for Mammoth Cave in the
Kentucky also reported 20 percent worst EPA notes that Kentucky’s original Commonwealth’s regional haze plan
day and 20 percent best day visibility and provides, for comparison purposes
jstallworth on DSKBBY8HB2PROD with PROPOSALS
RPGs were based on the VISTAS
data for Mammoth Cave from 2006– modeling run available at the time of only, the updated RPGs provided by
2013 for each year in terms of five-year Kentucky’s June 25, 2008, regional haze VISTAS.13
averages.12 This data shows an plan. In 2008, VISTAS provided
8 Kentucky Progress Report, Table 15, pp.62–65. 9 Kentucky Progress Report, Table 14, pp. 53–60. 11 Kentucky Progress Report, Tables 17 and 18,
The emissions reductions are based on data from 10 For the first regional haze plans, ‘‘baseline’’ pp. 67–68.
EPA’s Clean Air Markets Division provided in the conditions were represented by the 2000–2004 time 12 Kentucky Progress Report, Table 18, p.68.
Progress Report. period. See 64 FR 35730 (July 1, 1999). 13 Kentucky Progress Report, Table 16, p. 66.
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![36710 Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules
TABLE 2—UPDATED RPGS FOR KENTUCKY’S CLASS I AREA
[deciviews]
RPG 20% RPG 20% best
Class I area Mammoth Cave National Park worst days days
Original RPGs .......................................................................................................................................................... 25.56 15.57
Updated RPGs ......................................................................................................................................................... 25.40 15.42
EPA proposes to find that Kentucky 4. Emissions Tracking Kentucky estimated on-road mobile
has adequately addressed the applicable In its Progress Report, Kentucky source emissions in the 2007 inventory
provisions under 40 CFR 51.308(g) presents data from a statewide actual using EPA’s MOVES model. This model
regarding visibility conditions because emissions inventory for 2007 and tends to estimate higher emissions for
the Commonwealth provided baseline compares this data to the baseline NOX and PM than its previous
visibility conditions (2000–2004), emissions inventory for 2002 (actual counterpart, EPA’s MOBILE6.2 model,
current conditions based on the most and typical emissions).14 The pollutants used by the Commonwealth to estimate
recently available visibility monitoring inventoried include VOC, NH3, NOX, on-road mobile source emissions for the
data available at the time of Progress PM2.5, coarse particulate matter (PM10), 2002 inventories. Despite the change in
Report development, the difference and SO2. The emissions inventories methodology, with the exception of a
between these current sets of visibility include the following source slight increase in PM2.5 and PM10, 2007
conditions and baseline visibility classifications: point, area, fires, non- actual emissions are lower for all
conditions, and the change in visibility road mobile, and on-road mobile inventoried emissions than both the
impairment from 2006–2013. sources. As discussed in Section II.A.2, actual and typical 2002 emissions, as
above, Kentucky also presented NOX can be seen when comparing Tables 3
and SO2 data from 2002–2012 for EGUs and 4 to Table 5.
in Kentucky.
TABLE 3—2002 ACTUAL EMISSIONS INVENTORY SUMMARY FOR KENTUCKY
[tpy]
Source category NH 3 NOX PM10 PM2.5 SO2 VOC
Point ......................................................... 1,000 237,209 21,326 14,173 518,086 46,321
Area .......................................................... 51,135 39,507 233,559 45,453 41,805 95,375
On-Road Mobile ....................................... 5,055 156,417 3,723 2,697 6,308 103,503
Non-Road Mobile ..................................... 31 104,571 6,425 6,046 14,043 44,805
Fires ......................................................... 44 1,142 5,226 5,074 49 2,640
Total .................................................. 57,265 538,846 270,259 73,443 580,291 292,644
TABLE 4—2002 TYPICAL EMISSIONS INVENTORY SUMMARY FOR KENTUCKY
[tpy]
Source category NH 3 NOX PM10 PM2.5 SO2 VOC
Point ......................................................... 995 240,362 21,421 14,219 529,182 46,315
Area .......................................................... 51,135 39,507 233,559 45,453 41,805 95,375
On-Road Mobile ....................................... 5,055 156,417 3,723 2,697 6,308 103,503
Non-Road Mobile ..................................... 31 104,517 6,425 6,046 14,043 44,805
Fires ......................................................... 110 1,460 6,667 6,310 136 3,338
Total .................................................. 57,326 542,317 271,795 74,725 591,474 293,336
TABLE 5—2007 ACTUAL EMISSIONS INVENTORY SUMMARY FOR KENTUCKY
[tpy]
Source category NH3 NOX PM10 PM2.5 SO2 VOC
Point ......................................................... 113 210,213 30,678 21,110 410,413 47,679
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Area .......................................................... 52,332 12,693 226,829 40,341 15,590 75,100
On-Road Mobile ....................................... 2,172 133,425 5,524 4,363 1,022 55,883
Non-Road Mobile ..................................... 46 63,454 4,207 3,969 3,037 38,785
Fires ......................................................... 138 1,377 5,016 4,678 180 2,939
14 For the typical 2002 stationary point source shut down or are operating above or below normal, develop projected typical future year emissions
emissions inventory, the EGU emissions are the emissions are normalized to a typical emissions inventories.
adjusted for a typical year so that if sources were inventory year. The typical year data is used to
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![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36711
TABLE 5—2007 ACTUAL EMISSIONS INVENTORY SUMMARY FOR KENTUCKY—Continued
[tpy]
Source category NH3 NOX PM10 PM2.5 SO2 VOC
Total .................................................. 54,801 421,163 272,254 74,461 430,242 220,386
EPA is proposing to find that from 2002–2018 in the regional haze and the Class I areas outside the
Kentucky adequately addressed the plan. Commonwealth potentially impacted by
provisions of 40 CFR 51.308(g) EPA proposes to find that Kentucky sources in Kentucky (Great Smoky
regarding emissions tracking because has adequately addressed the provisions Mountains National Park in North
the Commonwealth compared the most of 40 CFR 51.308(g) regarding an Carolina and Tennessee, James River
recent updated emission inventory data assessment of significant changes in Face Wilderness Area and Shenandoah
available at the time of Progress Report anthropogenic emissions. EPA National Park in Virginia, Linville Gorge
development with the baseline preliminarily agrees with Kentucky’s Wilderness Area in North Carolina, and
emissions used in the modeling for the conclusion that there have been no Dolly Sods Wilderness Area in West
regional haze plan. Furthermore, significant changes in emissions of Virginia), and notes that these analyses
Kentucky evaluated available CAMD visibility-impairing pollutants which show that these areas are on track to
SO2 emissions data from 2002 to 2012 have limited or impeded progress in achieve their RPGs by 2018.17
for Kentucky EGUs because this data reducing emissions and improving As discussed in Section II.A.1, above,
visibility in Class I areas impacted by CAIR was implemented during the time
was available at the time of Progress
the Commonwealth’s sources. period evaluated by Kentucky for its
Report development, ammonium sulfate
Progress Report, but has now been
is the primary component of visibility- 6. Assessment of Current Strategy
replaced by CSAPR. At the present time,
impairing pollution in the VISTAS The Commonwealth believes that it is the requirements of CSAPR apply to
states, and EGUs are the largest source on track to meet the 2018 RPGs for sources in Kentucky under the terms of
of SO2 in the Commonwealth. Mammoth Cave and will not impede a FIP because Kentucky has not, to date,
5. Assessment of Changes Impeding Class I areas outside of Kentucky from incorporated the CSAPR requirements
Visibility Progress meeting their RPGs based on the trends into its SIP. Kentuky’s regional haze
in visibility and emissions presented in plan accordingly does not contain
In its Progress Report, Kentucky its Progress Report. Kentucky notes that sufficient provisions to ensure that the
documented that sulfates, which are the IMPROVE visibility readings for RPGs of Class I areas in nearby states
formed from SO2 emissions, continue to 2009–2013 already show greater will be achieved. The term
be the biggest single contributor to improvments in visibility than projected ‘‘implementation plan,’’ however, is
regional haze for Class I areas in the by Kentucky in establishing the 2018 defined for purposes of the Regional
Commonwealth and therefore focused RPGs for Mammoth Cave and that SO2 Haze Rule to mean ‘‘any [SIP], [FIP], or
its analysis on large SO2 emissions from emissions from coal-fired EGUs in the Tribal Implementation Plan.’’ 40 CFR
point sources. In addressing the Commonwealth have fallen from 2002 51.301. Measures in any issued FIP, as
requirements at 40 CFR 51.308(g)(5), to 2012 by more than than the predicted well as those in a state’s regional haze
Kentucky demonstrates that sulfate decline in SO2 emissions from these SIP, may therefore be considered in
contributions to visibility impairment sources for the first planning period in assessing the adequacy of the ‘‘existing
have decreased overall from 2000 to Kentucky’s regional haze plan. implementation plan.’’
Kentucky expects that these emissions EPA proposes to find that Kentucky
2013 15 along with an improvement in
will continue to decrease through the has adequately addressed the provisions
visibility, and examines other potential
first regional haze implementation of 40 CFR 51.308(g) regarding the
pollutants of concern affecting visibility
period. The Commonwealth identifies strategy assessment. In its Progress
at Mammoth Cave. The Commonwealth
additional SO2 reductions of 49,649 tpy Report, Kentucky described the
presents data for the 20 percent worst
from Kentucky EGUs that are retiring or improving visibility trends using data
days showing that ammonium sulfate is converting to natural gas which were from the IMPROVE network and the
responsible for 79.6 and 67.8 percent of not accounted for in the original 2018 downward emissions trends in key
the regional haze at Mammoth Cave for emissions projections in its regional pollutants, with a focus on SO2
the periods 2006–2010 and 2009–2013, haze plan.16 Kentucky also provides emissions from EGUs in the
respectively. For 2006–2010, primary data showing that SO2 emissions from Commonwealth. Kentucky determined
organic matter is the next largest 2002 to 2012 from EGUs outside of the that its regional haze plan is sufficient
contributor at 9.3 percent whereas for Commonwealth impacting visibility at to meet the RPGs for its own Class I area
2009–2013, the next largest contributor Mammoth Cave have decreased by and the Class I areas outside the
to regional haze is ammonium nitrate at nearly 49 percent (65,416 tpy). In Commonwealth potentially impacted by
13.9 percent, followed by primary addition, the Commonwealth provides the emissions from Kentucky. EPA finds
organic matter at 11.7 percent. emissions data in Table 13 and in that Kentucky’s conclusion regarding
Furthermore, the Progress Report shows
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Figures 10 and 12 of its Progress Report the sufficiency of its regional haze plan
that the Commonwealth is on track to showing a declining trend in SO2 and is appropriate because CAIR was in
meeting its 2018 RPGs for Mammoth NOX emissions from 2002 to 2012 for effect in Kentucky through 2014,
Cave and that SO2 emissions reductions EGUs in Kentucky and the VISTAS providing the emission reductions
from 2002–2012 for EGUs in Kentucky states. relied upon in Kentucky’s regional haze
have exceeded the projected reductions Kentucky also provides updated
visibility analyses for Mammoth Cave 17 Kentucky Progress Report, Table 26, p. 87;
15 Kentucky Progress Report, Figures 21 and 22, Figures 23–32, pp. 82–86; Figures 14 and 15, pp.
p. 80. 16 Kentucky Progress Report, Table 11, pp. 42–43. 69–70.
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![Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules 36713
The SIP is not approved to apply on additional monitoring requirements for pollution/site-waste-and-recovery-
any Indian reservation land or in any PRDs on containers that resulted from operations-oswro-national-emission.
other area where EPA or an Indian tribe the 2015 amendments because we have The EPA does not intend to publish
has demonstrated that a tribe has determined that they are not necessary. another document in the Federal
jurisdiction. In those areas of Indian This action, if finalized as proposed, Register announcing any updates on the
country, the rule does not have tribal would not substantially change the level request for a public hearing. Please
implications as specified by Executive of environmental protection provided contact Ms. Virginia Hunt at (919) 541–
Order 13175 (65 FR 67249, November 9, under the OSWRO NESHAP. The 0832 or by email at hunt.virginia@
2000), nor will it impose substantial proposed amendments would reduce epa.gov to request a public hearing, to
direct costs on tribal governments or capital costs related to compliance to register to speak at the public hearing,
preempt tribal law. this industry by $28 million compared or to inquire as to whether a public
to the current rule. Total annualized hearing will be held.
List of Subjects in 40 CFR Part 52
costs, at an interest rate of 7 percent, FOR FURTHER INFORMATION CONTACT: For
Environmental protection, Air would be reduced by $4.2 million per questions about this proposed action,
pollution control, Incorporation by year. These costs are associated with a please contact Ms. Angie Carey, Sector
reference, Intergovernmental relations, present value of $39 million dollars, Policies and Programs Division (E143–
Nitrogen oxides, Particulate matter, discounted at 7 percent over 15 years. 01), Office of Air Quality Planning and
Reporting and recordkeeping DATES: Comments. Comments must be Standards, U.S. Environmental
requirements, Sulfur dioxide, Volatile received on or before September 21, Protection Agency, Research Triangle
organic compounds. 2017. Park, North Carolina 27711; telephone
Authority: 42 U.S.C. 7401 et seq. Public Hearing. If a public hearing is number: (919) 541–2187; fax number:
Dated: July 25, 2017. requested by August 14, 2017, then we (919) 541–0246; email address:
V. Anne Heard, will hold a public hearing on August 22, carey.angela@epa.gov. For information
2017 at the location described in the about the applicability of the NESHAP
Acting Regional Administrator, Region 4.
ADDRESSES section. The last day to pre- to a particular entity, contact Ms. Marcia
[FR Doc. 2017–16484 Filed 8–4–17; 8:45 am]
register in advance to speak at the Mia, Office of Enforcement and
BILLING CODE 6560–50–P
public hearing will be August 21, 2017. Compliance Assurance, U.S.
ADDRESSES: Comments. Submit your Environmental Protection Agency, EPA
ENVIRONMENTAL PROTECTION comments, identified by Docket ID No. WJC South Building, Mail Code 2227A,
AGENCY EPA–HQ–OAR–2012–0360 at http:// 1200 Pennsylvania Avenue NW.,
www.regulations.gov. Follow the online Washington, DC 20460; telephone
40 CFR Part 63 instructions for submitting comments. number: (202) 564–7042; fax number:
Once submitted, comments cannot be (202) 564–0050; and email address:
[EPA–HQ–OAR–2012–0360; FRL–9965–18– mia.marcia@epa.gov.
OAR]
edited or removed from http://
www.regulations.gov. The U.S. SUPPLEMENTARY INFORMATION:
RIN 2060–AT48 Environmental Protection Agency (EPA) Docket. The EPA has established a
may publish any comment received to docket for this rulemaking under Docket
National Emission Standards for its public docket. Do not submit ID No. EPA–HQ–OAR–2012–0360. All
Hazardous Air Pollutants: Off-Site electronically any information you documents in the docket are listed in
Waste and Recovery Operations consider to be Confidential Business the http://www.regulations.gov index.
AGENCY: Environmental Protection Information (CBI) or other information Although listed in the index, some
Agency (EPA). whose disclosure is restricted by statute. information is not publicly available,
ACTION: Proposed rule. Multimedia submissions (audio, video, e.g., CBI or other information whose
etc.) must be accompanied by a written disclosure is restricted by statute.
SUMMARY: This action proposes comment. The written comment is Certain other material, such as
amendments to the National Emission considered the official comment and copyrighted material, is not placed on
Standards for Hazardous Air Pollutants should include discussion of all points the Internet and will be publicly
(NESHAP) for Off-Site Waste and you wish to make. The EPA will available only in hard copy. Publicly
Recovery Operations (OSWRO). The generally not consider comments or available docket materials are available
proposed amendments address an issue comment contents located outside of the either electronically in http://
related to monitoring pressure relief primary submission (i.e., on the Web, www.regulations.gov or in hard copy at
devices (PRDs) on containers. This issue cloud, or other file sharing system). For the EPA Docket Center, Room 3334,
was raised in a petition for additional submission methods, the full EPA WJC West Building, 1301
reconsideration of the amendments to EPA public comment policy, Constitution Avenue NW., Washington,
the OSWRO NESHAP finalized in 2015 information about CBI or multimedia DC. The Public Reading Room is open
based on the residual risk and submissions, and general guidance on from 8:30 a.m. to 4:30 p.m., Monday
technology review (RTR). Among other making effective comments, please visit through Friday, excluding legal
things, the 2015 amendments http://www.epa.gov/dockets/ holidays. The telephone number for the
established additional monitoring commenting-epa-dockets. Public Reading Room is (202) 566–1744,
requirements for all PRDs, including Public Hearing. If a public hearing is and the telephone number for the EPA
jstallworth on DSKBBY8HB2PROD with PROPOSALS
PRDs on containers. For PRDs on requested, it will be held at EPA Docket Center is (202) 566–1742.
containers, these monitoring Headquarters, William Jefferson Clinton Instructions: Direct your comments to
requirements were in addition to the East Building, 1201 Constitution Docket ID No. EPA–HQ–OAR–2012–
inspection and monitoring requirements Avenue NW., Washington, DC 20004. If 0360. The EPA’s policy is that all
for containers and their closure devices, a public hearing is requested, then we comments received will be included in
which include PRDs that were already will provide details about the public the public docket without change and
required by the OSWRO NESHAP. This hearing on our Web site at: https:// will be made available online at http://
proposed action would remove the www.epa.gov/stationary-sources-air- www.regulations.gov, including any
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Document Created: 2017-08-05 02:59:48
Document Modified: 2017-08-05 02:59:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before September 6, 2017. | |
| Contact | Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected] | |
| FR Citation | 82 FR 36707 | |
| CFR Associated | Environmental 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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