[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61478-61506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23238]
[[Page 61477]]
Vol. 77
Tuesday,
No. 195
October 9, 2012
Part II
Environmental Protection Agency
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40 CFR Part 52
Approval and Promulgation of Implementation Plans; State of Hawaii;
Regional Haze Federal Implementation Plan; Final Rule
Federal Register / Vol. 77 , No. 195 / Tuesday, October 9, 2012 /
Rules and Regulations
[[Page 61478]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0345, FRL-9727-1]
Approval and Promulgation of Implementation Plans; State of
Hawaii; Regional Haze Federal Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
Federal Implementation Plan (FIP) to address regional haze in the State
of Hawaii. This FIP addresses the requirements of the Clean Air Act
(CAA or ``the Act'') and EPA's rules concerning reasonable progress
towards the national goal of preventing any future and remedying any
existing man-made impairment of visibility in mandatory Class I areas
in the State of Hawaii.
The FIP establishes an emissions cap of 3,550 tons of sulfur
dioxide (SO2) per year from three specific fuel oil-fired,
electric utility boilers on the Island of Hawaii beginning in 2018. The
Hawaii Electric Light Company (HELCO) can minimize impacts on the
ratepayers by meeting the cap through the increased use of renewable
energy and energy conservation. EPA finds that this control measure, in
conjunction with other emissions control requirements that are already
in place, will ensure that reasonable progress is made during this
first planning period toward the national goal of no man-made
visibility impairment by 2064 at Hawaii's two Class I areas.
EPA worked closely with the State of Hawaii in the development of
this plan and the State has agreed to incorporate the control
requirements into the relevant permits. The State has indicated that it
intends to take full responsibility for the development of future
Regional Haze plans.
DATES: This rule is effective on November 8, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0345 for
this action. Generally, documents in the docket are available
electronically at http://www.regulations.gov or in hard copy at EPA
Region 9, 75 Hawthorne Street, San Francisco, California. Please note
that while many of the documents in the docket are listed at http://www.regulations.gov, some information may not be specifically listed in
the index to the docket and may be publicly available only at the hard
copy location (e.g., copyrighted material, large maps, multi-volume
reports or otherwise voluminous materials), and some may not be
available at either location (e.g., confidential business information).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed directly below.
FOR FURTHER INFORMATION CONTACT: Gregory Nudd, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency Region 9, 415-947-4107,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our,'' is used, we mean the United States Environmental
Protection Agency (EPA).
Table of Contents
I. Background and Purpose
A. Definitions
B. Overview
II. EPA Responses to Comments
A. EPA Responses to Written Comments
1. Baseline Visibility, Natural Visibility and Uniform Rate of
Progress
2. Estimating Natural Visibility Conditions
3. Contribution Assessment According to IMPROVE Monitoring Data
4. Impact of Fugitive Dust on Visibility Impairment in Hawaii
Class I Areas
5. Subject to BART Analysis
6. BART Determination for Kanoelehua Hill
7. NOX Reasonable Progress Analysis for the State of
Hawaii
8. Reasonable Progress Analysis for SO2 Emissions on
the Big Island
9. Point Source SO2 Emissions on Maui
10. Reasonable Progress Analysis for SO2 Emissions on
Maui
11. Agricultural Burning on Maui
12. Integral Vista Issue and Reasonably Attributable Visibility
Impairment
13. Comments on the Monitoring Strategy
14. Other Comments
B. Comments From the Public Hearings
III. Summary of EPA Actions
IV. Statutory and Executive Order Reviews
I. Background and Purpose
A. Definitions
For purposes of this document, we are giving meaning to certain
words or initials as follows:
1. The words or initials Act or CAA mean or refer to the Clean Air
Act.
2. The initials bext mean or refer to total light
extinction.
3. The initials BART mean or refer to Best Available Retrofit
Technology.
4. The term Big Island refers to the Island of Hawaii.
5. The term Class I area refers to a mandatory Class I Federal
area.\1\
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\1\ Although states and tribes may designate as Class I
additional areas which they consider to have visibility as an
important value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to ``mandatory Class I
Federal areas.''
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6. The initials DOH refer to the Hawaii Department of Health.
7. The initials dv mean or refer to deciview(s).
8. The initials EGU mean or refer to Electric Generating Units.
9. The words EPA, we, us or our mean or refer to the United States
Environmental Protection Agency.
10. The initials FIP mean or refer to Federal Implementation Plan.
11. The initials FLMs mean or refer to Federal Land Managers.
12. The words Hawaii and State mean or refer to the State of
Hawaii.
13. The initials HECO mean or refer to the Hawaiian Electric
Company.
14. The initials HELCO mean or refer to the Hawaii Electric Light
Company.
15. The initials IMPROVE mean or refer to Interagency Monitoring of
Protected Visual Environments monitoring network.
16. The initials MECO mean or refer to Maui Electric Company.
17. The initials MW mean or refer to megawatt(s).
18. The initials NOX mean or refer to nitrogen oxides.
19. The initials NP mean or refer to National Park.
20. The initials OC mean or refer to organic carbon.
21. The initials PM mean or refer to particulate matter.
22. The initials PM2.5 mean or refer to particulate matter with an
aerodynamic diameter of less than or equal to 2.5 micrometers (fine
particulate matter).
23. The initials PM10 mean or refer to particulate matter with an
aerodynamic diameter of less than or equal to 10 micrometers (coarse
particulate matter).
24. The initials PSD mean or refer to Prevention of Significant
Deterioration.
25. The initials RAVI mean or refer to Reasonably Attributable
Visibility Impairment.
26. The initials RP mean or refer to Reasonable Progress.
27. The initials RPG or RPGs mean or refer to Reasonable Progress
Goal(s).
28. The initials SIP mean or refer to State Implementation Plan.
29. The initials SO2 mean or refer to sulfur dioxide.
30. The initials tpy mean or refer to tons per year.
31. The initials TSD mean or refer to Technical Support Document.
32. The initials URP mean or refer to Uniform Rate of Progress.
33. The initials VOC mean or refer to volatile organic compounds.
34. The initials WRAP mean or refer to the Western Regional Air
Partnership.
[[Page 61479]]
B. Overview
On May 29, 2012, the EPA proposed a FIP to address regional haze in
the State of Hawaii. We proposed to determine that this FIP would meet
the requirements of the CAA and EPA's rules concerning reasonable
progress towards the national goal of preventing any future and
remedying any existing man-made impairment of visibility in mandatory
Class I areas.\2\ A detailed explanation of the requirements for
regional haze plans and an explanation of EPA's Plan are provided in
our Notice of Proposed Rulemaking and are not restated here.\3\
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\2\ Areas designated as mandatory Class I Federal areas consist
of NPs 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). In accordance with
section 169A of the CAA, EPA, in consultation with the Department of
the Interior, promulgated a list of 156 areas where visibility is
identified as an important value. 44 FR 69122 (November 30, 1979).
The extent of a mandatory Class I area includes subsequent changes
in boundaries, such as park expansions. 42 U.S.C. 7472(a). Although
states and tribes may designate as Class I additional areas which
they consider to have visibility as an important value, the
requirements of the visibility program set forth in section 169A of
the CAA apply only to ``mandatory Class I Federal areas.'' Each
mandatory Class I Federal area is the responsibility of a ``Federal
Land Manager.'' 42 U.S.C. 7602(i). When we use the term ``Class I
area'' in this action, we mean a ``mandatory Class I Federal area.''
\3\ See 77 FR 31691 (May 29, 2012).
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In our Notice of Proposed Rulemaking, we proposed to find that
there was only one source in Hawaii that was subject to Best Available
Retrofit Technology (BART) requirements, the Kanoelehua Hill Generating
Station (Hill) on the Island of Hawaii (the Big Island). We also
proposed to find that the current level of pollution control at Hill
was consistent with BART and no additional controls would be required
to meet the BART requirement. In addition, the EPA proposed to find
that sufficient emissions reductions were expected on Maui to make
reasonable progress during the first implementation period of 2001-
2018. We also proposed to find that additional SO2
reductions were required on the Big Island to ensure reasonable
progress. We proposed that those reductions should be derived from
controlling emissions on three oil-fired power plants on the Big
Island: Hill, Puna and Shipman. The proposed control measure would cap
the emissions of these three plants at 3,550 tons of SO2 per
year beginning in 2018. EPA received several comments during the public
comment period on our proposal. We have provided summaries of and
responses to significant comments below. Following consideration of all
comments, EPA has decided to finalize the Hawaii Regional Haze FIP as
proposed with one clarification regarding the compliance date for the
emissions cap. We will work with the Hawaii Department of Health on
developing future regional haze plans.
II. EPA Responses to Comments
EPA held two public hearings in Hawaii on May 31 and June 1, 2012
to accept oral testimony and written comments on the proposal. The
first meeting was held at Maui College in Kahului on the Island of
Maui. Twenty people provided oral comments and four provided written
comments at this hearing. The second hearing was at the Waiakea High
School in Hilo on the Big Island. Four people provided oral comments at
this hearing and one provided written comments. Verbatim transcripts of
the public hearings are available in the public docket for this
rulemaking, Docket ID No. EPA-R09-OAR-2012-0345, which can be accessed
through the www.regulations.gov Web site.
We also received an additional 18 written comments through email,
postal mail and the rulemaking docket. These comments are also
available in the public docket for this rulemaking, Docket ID No. EPA-
R09-OAR-2012-0345, which can be accessed through the
www.regulations.gov Web site.
A. EPA Responses to Written Comments
EPA received 18 written comments on the proposal. Commenting
organizations include: Friends of Haleakala National Park (FHNP),
Alexander and Baldwin, the parent company of Hawaii Commercial and
Sugar (HC&S), Maui Electric Company (MECO), Hawaii Electric Light
Company (HELCO), National Park Service (NPS), Maui Tomorrow Foundation
(Maui Tomorrow), Law office of Marc Chytilo on behalf of Preserve
Pepe'ekeo Health and Environment and private citizens (Chytilo), Robert
W. Parsons on behalf of the Office of the Mayor of Maui (Parsons) and
Earthjustice on behalf of the National Parks Conservation Association,
Sierra Club, and Blue Planet Foundation (Earthjustice). Seven private
citizens also submitted comments on the proposal.
1. Baseline Visibility, Natural Visibility and Uniform Rate of Progress
Comment: Four commenters (Earthjustice, HC&S, HELCO, and MECO)
believe that EPA's proposed analysis contains a fundamental flaw in
including the contribution of the Kilauea Volcano in baseline
visibility conditions, but excluding it from natural visibility
conditions. The commenters asserted that EPA must revise its analysis
and the resulting uniform rate of progress (URP) in the final FIP.
Two of these commenters (HELCO, MECO) stated that EPA's exclusion
of volcanic emissions from the determination of natural visibility
conditions is arbitrary and capricious. Another of the commenters
(Earthjustice) stated that EPA's methods for incorporating volcanic
emissions into its analysis are internally inconsistent and arbitrary.
These commenters asserted that while emissions from the volcano vary
from year to year, there is no reasonable basis for EPA to completely
exclude them from the estimate of natural conditions.
According to two of the commenters (HELCO, MECO), EPA has expressed
the opinion that Kilauea could stop erupting at any time and that
natural visibility conditions in 2064 might not include emissions from
the volcano. In the view of the commenters, this does not justify EPA's
use of the default conditions developed by the Western Regional Air
Partnership (WRAP) for western states in the continental United States
to determine requirements for Hawaii; rather, it displays a fundamental
misunderstanding of Kilauea's emissions profile. Based on a report
attached to the comments, the commenters asserted that significant
SO2 emissions would continue venting from the volcano even
if it were to stop erupting immediately because, although
SO2 output is greatest during eruptive events, Kilauea emits
SO2 at all times, even during non-eruptive periods. The
commenters contend that a substantial amount of data on Kilauea's
emissions has been collected, and EPA should, at a minimum, use
existing data to develop a ``non-eruptive'' emissions profile. The
commenters stated that like particulate emissions from fire,
SO2 emissions from Kilauea are naturally occurring and would
continue to occur in the absence of human activities. Accordingly, the
commenters asserted that EPA cannot simply ignore emissions from
Kilauea.
These commenters (HELCO, MECO) stated that by including emissions
from Kilauea in baseline visibility conditions but excluding them from
natural visibility conditions, EPA has created an ``apples to oranges
comparison'' that artificially inflates the amount of manmade emissions
reductions necessary in Hawaii. As a result, the commenters asserted,
the proposed FIP would establish reasonable progress goals that would
be impossible to achieve through the reduction of
[[Page 61480]]
anthropogenic emissions, which is inconsistent with EPA's own guidance.
The commenters conclude that EPA must revise its analysis and the URP
based on a proper evaluation of volcanic emissions and EPA's failure to
appropriately evaluate volcanic emissions is arbitrary and capricious
and must be addressed in the final FIP. However, the commenters
recognized that EPA may opt not to revise its reasonable progress
analysis in this way during this planning period. In that event, the
commenters requested that EPA commit to addressing Kilauea's emissions
in the next planning period because continuing to exclude these
emissions that are the dominant cause of visibility impairment would
create untenable results--increasingly expensive controls in successive
planning periods that would not result in perceptible improvements in
visibility.
Another commenter (Earthjustice) stated that the goal of the haze
program is to eliminate visibility impairment ``from manmade air
pollution'' [citing 42 U.S.C. 7491(a)(1)]. According to the commenter,
failing to include the volcano in natural conditions distorts the
analysis of the impacts from human sources and the corresponding BART
controls and reasonable progress goals to achieve natural visibility
conditions. The commenter asserted that based on this ``skewed
analysis,'' EPA summarily eliminated any controls for NOX
for the BART analysis and reasonable progress goals. The commenter
contended that EPA avoided evaluating the actual URP for anthropogenic
SO2 pollution; instead, rejecting a URP inflated by volcano
impacts (which the commenter termed a ``strawman of EPA's own
making''), then proposing arbitrary progress goals of its own choosing.
The commenter indicated that EPA's approach toward volcano conditions
is unjustified and prevents the Agency from providing a rational and
transparent justification for its pollution control determinations.
According to the commenter, this approach also deprives the public of
proper notice and opportunity to comment; in the commenter's view, EPA
must rationally review and address impacts from human sources unskewed
by volcano impacts and allow the public a meaningful opportunity to
review and comment on such determinations.
The fourth commenter (HC&S) pointed out that under EPA's
methodology, the URP incorporates reductions in visibility impairment
that are sufficient to offset both the portion of baseline impairment
that comes from anthropogenic emissions and the portion that is caused
by the volcano. The commenter believes that to make a more accurate
assessment of the reduction in emissions from anthropogenic sources
necessary to achieve natural visibility conditions, emissions from
Kilauea either need to be included in, or excluded from, both the
estimate of baseline visibility conditions and the estimate of natural
visibility conditions. The commenter recommended that EPA adopt the
Hawaii DOH's proposed method to adjust the baseline visibility
impairment to account for the impacts of volcano emissions as well as
for the impacts of Asian dust. According to the commenter, under this
approach, the URP target for 2018 would be 0.32 deciviews (dv), which
is only slightly greater than what would be achieved through the
proposed FIP.
Response: The central concern of these comments appears to be that
the approach EPA used to determine the uniform rate of progress (URP),
in particular how we considered volcanic emissions, led to
inappropriate regulatory decisions in the proposal and/or may lead to
inappropriate regulatory decisions in the future. EPA disagrees with
this concern. The commenters mistakenly conclude that the URP sets a
target or goal for the first planning period. In fact, the development
of the URP is an analytical exercise that is intended to inform the
setting of reasonable progress goals (RPGs) rather than a standard or
presumptive target for the plan to meet.
In establishing RPGs, the states and EPA must ``consider'' both the
URP and the emission reduction measures needed to achieve the URP.\4\
More specifically, EPA has recommended that states use the following
approach in setting their RPGs:
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\4\ In addition, as noted in our proposal, CAA section 169A and
the RHR at 40 CFR 51.308(d)(1)(i)(A) require consideration of the
following four factors in determining ``reasonable progress'': (1)
The costs of compliance; (2) the time necessary for compliance; (3)
the energy and non-air quality environmental impacts of compliance;
and (4) the remaining useful life of any potentially affected
sources. The weighing of these four factors is sometimes referred to
as a ``four-factor analysis'' to distinguish it from the ``five-
factor analysis'' for BART determinations. Comments concerning the
URP and related issues are addressed in this section. Other comments
on our RP analysis are addressed below.
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1. Establish baseline and natural visibility conditions.
2. Determine the URP (i.e., a straight line between baseline
visibility in 2000-2004 for the worst 20 percent days and projected
natural conditions for the worst 20 percent days in 2064).
3. Identify and analyze the measures aimed at achieving the URP.
a. Identify the key pollutants and sources and/or source categories
that are contributing to visibility impairment at each Class I area.
b. Identify the control measures and associated emission reductions
that are expected to result from compliance with existing rules and
other available measures for the sources and source categories that
contribute significantly to visibility impairment.
c. Determine what additional control measures would be reasonable
based on the statutory factors and other relevant factors for the
sources and/or source categories identified.
d. Estimate through the use of air quality models the improvement
in visibility that would result from implementation of the control
measures found to be reasonable and compare this to the URP.
4. Establish an RPG.
In this case, the commenters' concerns relate primarily to how EPA
performed step 1 of this analysis. Specifically, the commenters object
to EPA's inclusion of volcanic emissions in the baseline and exclusion
of volcanic emissions in our estimate of natural conditions. EPA
acknowledges the commenters' concerns, but does not agree that our
approach is arbitrary or unjustified in this case. Rather, we have
followed the statutory and regulatory requirements for Reasonable
Progress analyses, while also accounting for unique circumstances in
Hawaii that severely limit the utility of the URP as an analytical tool
for setting RPGs for the state's Class I areas.
Pursuant to 40 CFR 51.308(d)(2), baseline visibility conditions
must be calculated using actual monitoring data from 2000-2004.
Therefore, the baseline conditions for Class I areas in Hawaii
necessarily include volcanic emissions. It is difficult to include
volcanic emissions as part of natural background visibility in 2064
because of the extreme variability in volcanic emissions from year to
year. In this case, a 2064 projection would be little better than a
guess. Therefore, in estimating natural conditions for purposes of this
first planning period, we have not attempted to forecast the future
contribution of the volcano to natural background visibility. Even if
we could quantitatively estimate ``natural'' volcanic emissions and air
quality effects in 2064 with any accuracy, the URP would be of very
limited value in setting RPGs for Hawaii.
As explained in EPA's Reasonable Progress Guidance, the URP is
intended to serve as a gauge against which to measure the improvement
in visibility conditions that is projected to result
[[Page 61481]]
from implementation of reasonable control measures during the first
planning period which ends in 2018.\5\ However, the variability of
volcanic emissions from Kilauea renders this type of analysis unhelpful
for Hawaii's Class I areas. To understand why this is the case, it
helps to look at Figure II.B-6 in EPA's technical support document
(TSD). This figure shows the URP calculation for Hawaii Volcanoes
National Park (NP). The points on the left side of the figure are the
actual, measured visibility impairment at Hawaii Volcanoes for the past
several years; these measurements vary by at least 13 dv, as compared
to the difference between baseline conditions and natural conditions of
11.7 dv. This dramatic variation in visibility impairment on the worst
20 percent days is driven by the extreme variability of the volcanic
emissions, which dominate visibility impairment on those days. Thus,
the only way EPA could accurately estimate the improvement in
visibility on the worst 20 percent days by 2018 is if we could
accurately predict volcanic emissions on those days. In the absence of
an accurate projection of volcanic emissions for 2018, there is no
reasonable estimate of visibility conditions in 2018 to compare with
the URP. Therefore, EPA has used a different method of gauging
reasonable progress for this first planning period, as explained in
Section F of the proposal, ``Reasonable Progress Goals for Hawaii.''
\6\
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\5\ See Section 1-7 of ``Guidance for Tracking Progress Under
the Regional Haze Rule'', Document No. EPA-R09-OAR-2012-0345-0003-
B10.
\6\ 77 FR 31707, May 29, 2012
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However, given the dominance of volcanic emissions on the worst 20
percent days in Hawaii, it may be appropriate for future plans to focus
on other days when the proportion of anthropogenic contribution to
visibility impairment is larger. We expect that the State of Hawaii
will develop future regional haze plans, consistent with the CAA and
EPA's implementing regulations. We plan to work with the State of
Hawaii on those future plans and we will consider different approaches
to gauging reasonable progress, and different approaches to determining
the URP.
2. Estimating Natural Visibility Conditions
Comment: One commenter (NPS) noted that emissions from the Kilauea
Volcano vary from year to year, making it difficult to project future
emissions levels or the specific contribution of these emissions to
visibility impairment in 2018 or 2064. For clarity, the commenter
recommended that EPA revise the conclusion in section III.B.1 of the
preamble to the proposed FIP (77 FR 31699, May 29, 2012) to read ``* *
* in estimating natural conditions for purposes of this first planning
period, we have not tried to forecast the future contribution of the
volcano to natural background visibility'' rather than stating an
assumption that there will be no visibility impact from the volcano.
Response: The NPS is correct in saying that EPA did not attempt to
forecast the future contribution of the volcano to natural background
visibility. However, since the default natural conditions do not
include volcanic emissions, we implicitly assumed that there would be
no visibility impact from the volcano in our URP analysis. EPA does not
consider this implicit assumption to be problematic because the URP
analysis is not useful in the case of Hawaii due to the infeasibility
of accurately accounting for volcanic emissions in the 2018 projections
(see Section II.A.1. of this notice).
We would consider a refined estimate of natural conditions at these
Class I areas if the State of Hawaii were to propose such a change as
part of the next Regional Haze plan for Hawaii. Any such estimate would
need to be consistent with our guidance on this subject.\7\
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\7\ See ``Guidance for Estimating Natural Visibility Conditions
under the Regional Haze Rule'' Document No. EPA-R09-OAR-2012-0345-
0003-B9.
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3. Contribution Assessment According to IMPROVE Monitoring Data
Comment: One commenter (NPS) generally agreed with EPA's assessment
of contributions to visibility impairment.
Response: EPA appreciates NPS' support of our contribution
assessment, given their extensive expertise in this subject.
4. Impact of Fugitive Dust on Visibility Impairment in Hawaii Class I
Areas
Comment: One commenter (Parsons) stated that EPA is incorrect in
stating that there are no impacts or degradations in visibility to
Haleakala NP as a result of fugitive dust. According to the commenter,
EPA did not examine the impacts of particulate matter carried into the
atmosphere from Maui's agricultural fields, which affects air quality
on many days. The commenter asserted that Maui is subjected to strong
trade winds on many days, and plantation practices of clearing and
tilling hundreds of acres at a time means that tons of windborne
topsoil are lost each year. The commenter believes that best management
practices might help mitigate this loss, and preserve Maui's air
quality, but plantations are exempt from the sort of requirements that
would be applied to other land-altering activities, such as
construction site grading. The commenter suggested that EPA may be able
to work with the Hawaii Department of Agriculture and DOH to revise
standards for dust control in order to protect the health and welfare
of the community and near-shore coral reef ecosystems, and to help
mitigate impacts that contribute to regional haze.
Two commenters similarly asserted that fugitive dust from the
sugarcane fields affects the haze in Haleakala NP and is killing Maui's
coral reefs. The commenter indicated that after harvest, the cane
fields are left bare and the loose topsoil is picked up by the trade
winds and carried across the island, coating everything in its path and
eventually settling on and killing the coral reefs south of Maui.
Response: EPA disagrees with the commenter's assertion that we did
not consider the impact of dust from agricultural activities when
evaluating causes of haze at Hawaii's national parks. Dust from
agricultural activities and other sources is measured at the IMPROVE
monitors as coarse mass and soil. Section II.A.3. of the TSD discusses
causes of haze at Haleakala NP. Section II.B.3 discusses the causes of
haze at Hawaii Volcanoes NP. Both of these sections of the TSD address
the contribution of coarse mass and soil to visibility impairment on
the best and worst days. Coarse mass contributes about 9 percent to
visibility impairment on the worst 20 percent days at Haleakala.\8\ The
source of the coarse mass measured at the IMPROVE site is unclear. It
could be dust from the low elevations transported up to the park, or it
could be from nearby sources such as unpaved roads.
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\8\ See ``Technical Support Document for the Proposed Action on
the Federal Implementation Plan for the Regional Haze Program in the
State of Hawaii, Air Division, U.S. EPA Region 9'', [hereinafter
TSD] p. 12, Document No. EPA-R09-OAR-2012-0345-0003-A3.
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EPA shares the commenters' concerns about the impact of dust
emissions on public health, the loss of topsoil and possible impacts to
water quality and marine life. However, in the context of this
rulemaking, EPA does not consider it reasonable to require additional
pollution control without clear evidence that the dust is causing or
contributing to haze at the Class I area. Further analysis of the
source of this coarse
[[Page 61482]]
mass should be conducted as part of the reasonable progress review for
the next planning period.
5. Subject to BART Analysis
Comment 1: Agreement with analysis to identify sources subject to
BART.
Three commenters (HC&S, HELCO, and MECO) agreed with EPA's analysis
to determine which sources should be subject to BART requirements.
Their comments are summarized in the following paragraphs.
Two of the commenters (HELCO, MECO) noted that CAA section
169A(b)(2)(A) requires the relevant regulatory agency to review a
state's BART eligible sources and determine whether they emit ``any air
pollutant which may reasonably be anticipated to cause or contribute to
any impairment of visibility in [a Class I] area.'' These commenters
cited the BART Guidelines (70 FR 39109, July 6, 2005) to add that if a
source does not meet this threshold, it may be exempt from further BART
review. Based on these principles, the commenters believe that EPA's
analysis of which sources in Hawaii should be subject to BART is sound
and consistent with the BART Guidelines, and they urged EPA to retain
it for the final FIP.
These two commenters stated that the BART Guidelines provide
regulatory agencies with three options for making a ``cause or
contribute'' finding and that EPA reasonably chose to use an
``individual source attribution approach'' and a threshold of 0.5 dv in
this case. According to the commenters, the BART Guidelines explain
that the appropriate contribution threshold depends on the number and
proximity of sources affecting a Class I area, and a threshold lower
than 0.5 dv is justified where there are a large number of BART-
eligible sources within the state and in proximity to a Class I area.
The commenters added that in Hawaii there are few BART-eligible sources
and they are not concentrated near a single Class I area. On this
basis, one of the commenters (MECO) explicitly expressed agreement that
0.5 dv is the appropriate threshold.
These two commenters went on to note that, consistent with the BART
Guidelines, EPA applied the 0.5 dv contribution threshold to the
results of computer modeling that was used to predict visibility
impacts from each BART-eligible source in Hawaii, with the result that
six of the eight BART-eligible sources fell below the 0.5 dv
contribution threshold.\9\ The commenters agreed that EPA appropriately
determined that only HELCO's Kanoelehua Hill Generating Station is
subject to BART and exempted all other BART-eligible sources in Hawaii
from further BART review. One of the commenters (HELCO) specifically
stated that this analysis correctly excluded Hawaiian Electric
Company's (HECO's) Waiau and Kahe facilities, and the other (MECO)
stated that MECO's Kahului facility was appropriately excluded.
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\9\ Six of the eight BART-eligible sources had a less than 0.5
deciview impact and so were exempted from BART. One of the remaining
facilities, Hu Honua Bioenergy is no longer permitted to burn fossil
fuels and is therefore also exempt from BART. This leaves one
facility in Hawaii as subject to BART, the Kaneolehua Hill facility.
See 77 FR 31704, 31705.
---------------------------------------------------------------------------
The third commenter (HC&S) also agreed with the proposed threshold
(0.5 dv) used to assess whether the impact of a single source
contributes to visibility impairment at the Hawaiian Class I areas.
This commenter pointed out that of the six sources in Hawaii exempted
from BART because their modeled impact is below 0.5 dv, none has a
modeled impact of as much as half of this threshold level. The
commenter also stated that the combined impact from all six sources is
0.715 dv at Haleakala NP, which is lower than the level (1.0 dv) at
which the BART Guidelines consider a single source to ``cause''
visibility impairment. The commenter added that while this combined
impact is somewhat higher than the proposed 0.5 dv contribution
threshold, the BART Guidelines explicitly caution that visibility
effects of multiple sources should not be aggregated and their
collective effects compared against the contribution threshold, because
this would inappropriately create a ``contribution to contribution''
test. The commenter concluded that it is therefore reasonable to
conclude that these six sources do not cause or contribute to
visibility impairment at Haleakala NP. The commenter also asserted that
since the combined visibility impact of these six sources at the Hawaii
Volcanoes NP totals 0.35 dv, it is reasonable to conclude that these
sources do not cause or contribute to visibility impairment at Hawaii
Volcanoes NP. The commenter noted that setting the contribution
threshold at 0.5 dv for sources subject to BART will capture those
BART-eligible sources responsible for more than half of the visibility
impacts at Haleakala NP and nearly 90 percent of the visibility impacts
at Hawaii Volcanoes NP while still excluding other sources with very
small impacts. The commenter believes that given the relatively small
number of BART-eligible sources potentially impacting Class I areas in
Hawaii and the magnitude of both the individual sources' impacts and
the combined impact from all sources proposed to be exempt from BART,
the proposed 0.5 dv threshold for determining whether a single source
contributes to visibility impairment is wholly consistent with the BART
Guidelines and is therefore an appropriate threshold for use in the
Hawaii FIP.
Response 1: EPA agrees that the determination of sources subject to
BART was conducted appropriately and in accordance with the applicable
regulatory requirements and guidance. EPA also agrees that the 0.5 dv
threshold is appropriate for Hawaii.
Comment 2: Disagreement with part of the analysis.
Two commenters (FHNP, Parsons) disagreed with some aspects of EPA's
analysis to determine which sources should be subject to BART
requirements.
One commenter (FHNP) suggested that the MECO Kahului and HECO Kahe
facilities should not be exempted from BART analysis. The commenter
noted that EPA used a modeled increase of 0.5 dv at the Haleakala
IMPROVE monitoring site (HALE) to identify candidates for BART
analysis, and that the measured concentrations of pollutants taken at
the Haleakala Crater monitoring site (HACR) are approximately half of
those measured at HALE. According to the commenter, it is expected that
the point sources analyzed in this report would contribute similar
densities of non-anthropologic elements at both the HALE and the HACR
sites (with the exception of some smoke sources) and that, hence, a
point source modeled to produce a 0.25 dv change at HALE would be
expected to produce an approximate 0.5 dv change at HACR in the Class I
area. The commenter pointed out that the MECO Kahului site and the HECO
Kahe site were modeled to produce changes of 0.232 dv and 0.221 dv,
respectively, at HALE. The commenter believes that extrapolating these
contributions to the HACR site suggests that these sources are very
close to contributing 0.5 dv in the Class I area. The commenter
concluded that since actions recommended in the report are projected to
produce less than the target rate of progress, the MECO Kahului and
HECO Kahe sites should not be exempted from BART analysis.
The second commenter (Parsons) objected to EPA's omission of the
Kahului facility from BART requirements. The commenter stated that air
emissions from MECO's Maalaea
[[Page 61483]]
and Kahului facilities rank them as the fifth and seventh worst
polluters in Hawaii. The commenter noted that EPA has not proposed
additional pollution controls at either facility. According to the
commenter, at the public hearing on May 31, 2012, EPA stated the belief
that the Kahului facility will cease operations by 2018. The commenter
asserted that this is conjectural and indicated that it would be
prudent to apply more stringent pollution control standards to this
facility, especially in the short term.
Response 2: We do not agree that the Kahului or Kahe facilities
should be subject to BART.
As an initial matter, we would like to clarify that the modeling
upon which we have based our subject-to-BART determinations did not use
either the Haleakala (HALE) IMPROVE monitoring site or the Haleakala
Crater (HACR) site as a receptor.\10\ Rather the subject-to-BART
modeling predicted visibility impacts at gridded receptor locations
spaced approximately one kilometer apart within the Class I area
domain.\11\ Therefore, the modeled impacts cited by the commenter (i.e.
0.232 dv for Kahului and 0.221 dv for Kahe) represent the 8th highest
delta-deciview values for the year modeled (2005) from all modeled
receptors at Halekala National Park and do not reflect modeled impacts
at either HALE or HACR.\12\
---------------------------------------------------------------------------
\10\ See ``Subject-to-Best Available Retrofit Technology (BART)
Modeling for the State of Hawaii, Application of the CALPUFF
Modeling System; Prepared for: Hawaii State Department of Health,
Environmental Management Division Clean Air Branch by Alpine
Geophysics, LLC (March 3, 2010)'', Document No. EPA-R09-OAR-2012-
0345-0006-C3d.
\11\ Id. Section 3.2.4. These receptor locations were provided
by the National Park Service and are available at http://www2.nature.nps.gov/air/Maps/Receptors/index.cfm.
\12\ The Hawaii BART/RP Supplemental Modeling Results Report
does include modeling results at individual receptors placed at the
location of the Haleakala (HALE) IMPROVE monitoring site and
Haleakala Crater (HACR) site. See Hawaii BART/RP Supplemental
Modeling Results, Alpine Geophysics (March 29, 2010), (Document No.
EPA-R09-OAR-2012-0345-0011-Attachment 1) Table 12. The predicted
visibility impacts from the Kahului and Kahe BART-eligible sources
at the HALE and HACR receptors were similar to predicted visibility
impacts at the NPS receptors, and were below the 0.5 deciview
threshold for all receptors. Specifically, the modeled 98th
percentile delta deciview impact from the BART-eligible units at
Kahului was 0.227 at HALE and 0.247 at HACR. Id. Table 15. The
modeled 98th percentile delta deciview impact from BART-eligible
units at Kahe was 0.262 at HALE and 0.255 at HACR. Id. Table 15.
Therefore, even if we had used HACR as a receptor for purposes of
subject-to-BART modeling, neither the Kahe nor the Kahului facility
would have been found to be subject-to-BART.
---------------------------------------------------------------------------
To the extent that the commenter is arguing that the subject-to-
BART modeling should have used background conditions for HACR rather
than HALE, we also disagree. Consistent with the BART Guidelines, the
subject-to-BART modeling for Hawaii was performed against natural
visibility conditions.\13\ Natural conditions have not yet been
established for the HACR site. Therefore, EPA reasonably relied on the
available information regarding natural conditions at the HALE site for
purposes of conducting subject-to-BART monitoring.
---------------------------------------------------------------------------
\13\ Specifically the modeling was performed against natural
visibility baseline conditions for the best 20% of days. Use of
either the best 20% days or average natural conditions is
permissible under the BART Guidelines. See Memo from Joseph W.
Paisie regarding Regional Haze Regulations and Guidelines for BART
(July 19, 2006) (Document No. EPA-R09-OAR-2012-0345-0003-B15).
However, use of the 20% best days is more conservative (i.e., it
tends to increase the baseline impacts for a given source).
---------------------------------------------------------------------------
With respect to measured pollutant concentrations, the commenter
(FHNP) correctly notes that the values of the measured concentration of
pollutants taken at the HACR site are smaller than those measured at
the HALE site (i.e., the HACR site is ``cleaner''). The commenter
suggests that, therefore, a point source modeled to produce a 0.25 dv
change at HALE would be expected to produce an approximate 0.5 dv
change at HACR, and hence a 0.5 dv change in the Class 1 area. However,
as noted by the commenter, doubling the source impact is a rough
approximation of the effect of reducing the background light extinction
by half. The effect of reducing the background extinction by half on
the change in deciviews (delta dv) varies depending on the source
extinction bext (source) and the background extinction,
bext (bkg), but would be smaller than doubling the source
impact. Therefore, the rough approximation proposed by the commenter
(doubling the source impact) to estimate the potential change in
visibility impacts from the facilities from using the new HACR site to
calculate background light extinction would not be appropriate.\14\ So,
even if natural conditions for the HACR site had been available, we do
not expect that the impact of the sources would approximate 0.5 dv. EPA
therefore disagrees that these sources should be subject-to-BART.
Nonetheless, because Kahului and Kahe are both significant sources of
pollution and include non-BART-eligible units as well as BART-eligible
units, they may be appropriate candidates for controls as part of
future Regional Haze plans.
---------------------------------------------------------------------------
\14\ EPA does not believe doubling the source impact is
appropriate. However, EPA notes that doubling the source impact of
0.23 deciviews and 0.22 deciviews would result in values below the
0.5 dv threshold.
---------------------------------------------------------------------------
We also disagree with the commenter that the URP is relevant to
whether Kahului and Kahe are subject to BART. Under the Regional Haze
Rule (RHR), the determination of which sources are subject-to-BART is a
separate analysis from the calculation of the URP and the setting of
RPGs.\15\ Moreover, as discussed in Section II.A.1 of this document,
the URP is not a target and is particularly poorly suited for
regulatory decisions in Hawaii.
---------------------------------------------------------------------------
\15\ Compare 40 CFR 51.308(d)(1) and 51.308(e).
---------------------------------------------------------------------------
Regarding the comments from Parsons, EPA agrees that the electric
power plants Maalaea and Kahului are relatively large sources of
pollution. However, as noted above, the modeled 98th percentile
visibility impact of the BART-eligible Kahului source is 0.23 dv, less
than one-half of the 0.5 dv subject-to-BART threshold. Due to the age
of its equipment, the Maalaea power plant does not have BART-eligible
units and therefore is not subject-to-BART.
EPA disagrees that we represented at the hearing in Maui that the
Kahului Power Plant would no longer be operating in 2018. That
assertion is not supported by the transcript.\16\ Regardless, we did
not base our decision on BART for the Kahului plant on future
operation, but instead based it on the current emissions level for the
facility.
---------------------------------------------------------------------------
\16\ See transcript of Kahului hearing, Document No. EPA-R09-
OAR-2012-0345-0022.
---------------------------------------------------------------------------
Comment 3: Puunene Mill.
One commenter (HC&S) stated that the small contribution to
visibility impairment from the Puunene Mill warrants a determination
that the facility should not be subject to BART. While conceding that
it was reasonable to use maximum actual 24-hour emissions to model
worst-case visibility impacts, the commenter indicated that typical
visibility impacts from the Puunene Mill are likely to be lower than
the modeled results. The commenter noted that even so, modeling results
for both coal and bagasse firing showed that the impact of the facility
was well below the 0.5 dv contribution threshold at both Haleakala NP
and Hawaii Volcanoes NP, at both the maximum 24-hour 98th percentile
impact and the highest modeled impact. According to the commenter, the
highest modeled impact for the facility (i.e., during coal firing) was
less than half the contribution threshold at Haleakala NP and less than
20 percent of the threshold at Hawaii Volcanoes NP. The commenter added
that modeling of the combined impacts of both BART-eligible (Boiler 3)
and Reasonable Progress-eligible (Boilers 1
[[Page 61484]]
and 2) sources at the Puunene Mill demonstrated that the maximum 24-
hour 98th percentile visibility impacts from the facility during both
bagasse firing and coal firing scenarios are well below the 0.5 dv
contribution threshold. The commenter believes that the modeling
analysis clearly shows that even worst-case emissions from the Puunene
Mill do not cause or contribute to visibility impairment at either
Haleakala NP or Hawaii Volcanoes NP, and that additional controls are
therefore not warranted.
In contrast, one commenter (Parsons) believes that with regard to
the Hawaii Regional Haze FIP and for public health concerns, air
emissions at HC&S's Puunene Mill should be subjected to BART
determinations, Maximum Achievable Control Technology (MACT) Hammer
standards and both continuous opacity monitoring systems (COMS) and
continuous emissions monitoring systems (CEMS) guidelines. The
commenter stated that the Puunene Mill is the second worst polluter in
Hawaii with regard to air emissions. The commenter indicated that
Boilers 1 and 2 at the facility predate the Act, and thus have been
exempt from those standards for decades. The commenter also contended
that EPA's ``revised MACT Hammer provisions'' have not been applied to
these units because HC&S and sugar growers in Florida and Texas
submitted a report replacing these emission limits with their own
subcategory of bagasse-fired boilers. The commenter added that HC&S
combusts 100,000 tons of coal annually without emission standards that
apply to other coal-burning facilities. The commenter also stated that
Boiler 3 at the facility has not been held to Federal standards
required for COMS and CEMS or regulatory oversight by the Hawaii DOH.
Two other commenters also stated that EPA should include all of the
HC&S smoke stacks in its review. In particular, the commenter asked
that EPA review and closely monitor the electric power production
emissions on the Puunene Mill.
Response 3: We reaffirm that the Puunene Mill is not subject-to-
BART. In accordance with the BART Guidelines, the subject-to-BART
modeling for Puunene Mill was performed using worst-case emissions from
the Mill and best-case visibility (under natural conditions) at the
parks.\17\ This analysis assumed the Mill was powered entirely by coal,
its most polluting fuel, for 24 hours. That worst-case 24-hour emission
rate was then compared to the clearest days at Haleakala NP and Hawaii
Volcanoes NP. This comparison of very high emissions at the Puunene
Mill to very clean conditions at the park was modeled for every weather
condition during the 365 days of the year. The resulting visibility
impact was less than the 0.5 dv threshold that would make the facility
subject to BART.\18\ EPA reviewed this analysis and concurs with the
results.
---------------------------------------------------------------------------
\17\ See Section 2.4 of ``Subject-to-Best Available Retrofit
Technology (BART) Modeling for the State of Hawaii, Application of
the CALPUFF Modeling System; Prepared for: Hawaii State Department
of Health, Environmental Management Division Clean Air Branch by
Alpine Geophysics, LLC (March 3, 2010)'', Document No. EPA-R09-OAR-
2012-0345-0006-C3d.
\18\ Id. Table 6.
---------------------------------------------------------------------------
The commenter indicates that he believes the Mill should be subject
to Federal guidelines for CEMS and COMS. We are confident that the
methods used to calculate worst-case emissions are appropriate and
conservative. Therefore, the absence of continuous monitors does not
weaken the analysis.
The commenter also indicates that he believes the Puunene Mill
should be subject to MACT controls. The applicability of MACT is
outside the scope of this rulemaking.
Comment 4: Hu Honua and Tradewinds should be subject to BART
controls.
One commenter (Chytilo) objected to the exclusion of the Hu Honua
Bioenergy Facility and the Tradewinds Veneer Mill and Cogeneration
Facility's electric generating EGUs from the proposed FIP. The
commenter argued that these facilities should be subjected to BART
controls and emissions limits. The commenter stated that even though
neither source was operating during the baseline period, the emissions
from each source are significant and will interfere with progress
towards national visibility objectives.
The commenter also asserted that EPA improperly exempted these
sources from controls, reporting and reasonable further progress based
on what the commenter believes is the irrelevant and incorrect belief
that each source is entirely biofueled. The commenter stated that
emissions controls will be less successful for these facilities because
steady state operations are more difficult to achieve and the operators
contemplate diurnal fuel source changes and other operational shifts
daily. The commenter added that biofueled sources still cause
visibility impairment, and alleged that the FIP rulemaking offers no
explanation for why biofueled sources should be exempted from haze
controls. The commenter indicated that the two facilities are permitted
to burn wood waste which, according to the commenter, is a variable
fuel that actually produces increased emissions and should be subject
to enhanced controls. The commenter believes that haze objectives
cannot be met if these sources are exempted.
The commenter made the following additional points related to the
Hu Honua facility:
The emissions calculations for the Hu Honua facility are
questionable. The commenter expressed agreement with EPA's comments on
the facility's Covered Source Permit (Hawaii's term for a title V
permit), which the commenter characterized as saying that unrealistic
emissions factors were used and actual plant emissions are likely to be
considerably higher.
The facility's permit allows the use of conventional
diesel fuel during startup and off-peak periods, so any exemption for
biofuels is not warranted.
Sulfur oxides (SOX) emissions are not
insignificant. The commenter asserted that SOX emissions
from the facility ``constitute nearly 93 percent of the * * * NAAQS,''
and that EPA's rationale that these emissions may be ignored due to
background volcanic emissions is misplaced. The commenter stated that
the Pepe'ekeo area is only affected by volcanic emissions during
certain wind conditions, and during other periods the facility's
SOX and other visibility-impairing emissions will be
significant and should not be exempted.
Response 4: The definition of BART-eligible facility may be found
in 40 CFR 51.301. It provides a list of types of facilities that may be
eligible for BART if they were built between 1962 and 1977. These types
of facilities include ``fossil-fuel fired steam electric plants of more
than 250 million British thermal units per hour heat input.'' When Hu
Honua converted to biofuels, it was no longer ``fossil-fuel fired'' and
therefore was no longer BART-eligible. The permit for this facility
allows for it to be fueled by wood or biodiesel. Neither of these is a
``fossil fuel.'' Therefore, the facility is not eligible for BART. The
Tradewinds Veneer cogeneration facility was not built between 1962 and
1977 and does not burn fossil fuels. Therefore, this facility is also
not eligible for BART.
We note that the commenter's general concern about emissions from
new large facilities possibly interfering with visibility goals is a
common consideration in air quality planning and is not limited to
these two facilities. Such emissions are regulated in large part under
the CAA's Prevention of
[[Page 61485]]
Significant Deterioration (PSD) permitting program, which applies to
new major sources and major modifications at existing sources for
pollutants where the area in which the source is located has been
designated attainment or unclassifiable with one or more of the NAAQS.
Among other requirements, PSD review requires an air quality analysis,
using dispersion modeling, of ambient concentrations that would result
from the applicant's proposed project. The PSD regulations provide
special protection of Air Quality Related Values, including visibility,
in Class I areas, including oversight by and coordination between the
permitting authority and the Federal land managers (FLMs). The RH rule
also requires reviews of plans every 5 years and complete new regional
haze plans every 10 years. The 5-year update of this plan will include
a verification that emission trends on the Islands are consistent with
reasonable progress and an analysis of whether anthropogenic visibility
impairment is decreasing The next full plan, required in 10 years, will
include a new reasonable progress analysis that would take into account
these and any other new sources of pollution.
6. BART Determination for Kanoelehua Hill
Comment 1: General comments on BART for Hill.
One commenter (Earthjustice) stated that EPA's proposal to exempt
the Hill facility from any BART controls neither meets the requirements
of the BART program, nor promotes necessary visibility improvements at
Hawaii's Class I areas. The commenter pointed out that even though EPA
has stated that this facility is by far the largest source of
anthropogenic SO2 emissions on the Big Island (citing 77 FR
31706), no BART control is required. The commenter believes that this
result lacks a reasoned and lawful justification. The commenter
asserted that EPA must require demonstrably cost-effective controls,
rather than readily relieving polluters of these obligations. The
specific arguments made by the commenter related to nitrogen oxides
(NOX) and SO2 are detailed in the following
subsections.
In contrast, another commenter (HELCO) agreed that EPA
appropriately determined that BART controls are not justified for the
Hill facility. The commenter noted that EPA's analysis of the five
statutory factors that must be considered in establishing BART was
based largely on an analysis performed by a consultant for HELCO (``the
Trinity BART report'' \19\) which, according to the commenter, was
consistent with the BART Guidelines even though the guidelines are not
mandatory for a facility the size of the Hill facility. However,
because the BART Guidelines were designed for power plants, the
commenter believes they are both an apt and a conservative guide in
this instance.
---------------------------------------------------------------------------
\19\ See ``BART Five-Factor Analysis Prepared for Hawaiian
Electric Light Company, Trinity Consultants'' (April 12, 2010),
Document No. EPA-R09-OAR-2012-0345-0010-attachment 3, [hereinafter
``Trinity BART Report''].
---------------------------------------------------------------------------
Response 1: EPA disagrees with Earthjustice's comments with respect
to our BART determination for the Hill facility. The EPA BART
determination is appropriate for Hill for reasons detailed below. And,
it is important to note that we are requiring SO2 reductions
from Hill and two other plants on the Big Island in order to ensure
reasonable progress toward eliminating anthropogenic visibility
impairment at Hawaii Volcanoes NP. EPA agrees with HELCO's comment that
the BART analysis conducted by Trinity for HELCO was consistent with
the BART guidelines, although EPA does not agree with the company's
cost estimates for lower sulfur fuels.
Comment 2: HELCO's comments on particulate matter (PM) and NOX.
One commenter (HELCO) agreed with EPA's determination that the Hill
facility should not install NOX or PM BART. The commenter
stated that the Trinity BART report evaluated the available control
technologies and that EPA, based on that report, found that the
controls considered for PM would not be cost effective and that the
controls considered for NOX would not provide a measurable
visibility benefit at Haleakala NP or Hawaii Volcanoes NP. Given what
the commenter characterized as the high cost of controls and low degree
of improvement in visibility that might result from controls, the
commenter supports EPA's determination that ``no control for
NOX and PM at the Hill Plant is consistent with BART''
(citing 77 FR 31706).
Response 2: EPA agrees that the existing emission levels of PM and
NOX from Hill are consistent with BART, given the unique
conditions in Hawaii.
Comment 3: Earthjustice comments on NOX.
One commenter (Earthjustice) stated that EPA proposed no control as
BART for NOX even though HELCO admitted that the control
option of low-NOX burners (LNB) is cost effective and
proposed them as BART (citing the Trinity BART report, p. 5-11).
According to the commenter, EPA reached this conclusion based on the
rationale that ``due to the overwhelming contribution of sulfate to
visibility impairment at the nearby Hawaii Volcanoes Class I area, it
is unlikely that reductions in NOX would have a measurable
impact on visibility at that area'' (citing 77 FR 31705). However, as
detailed in section II.A.1., the commenter believes that EPA inflated
the impact of sulfate by including the natural contributions of the
K[iuml]lauea Volcano in baseline conditions but not in natural
conditions. The commenter believes that this approach ignores the goal
of the haze program of controlling anthropogenic visibility impairment.
The commenter asserted that EPA cannot justify dismissing a pollution
control that the utility already acknowledged as BART by burying it
within the background impact of the volcano.
The commenter also stated that EPA summarily dismisses post-
combustion controls such as selective catalytic combustion (SCR)
because ``they were not found to be cost effective'' in the Trinity
BART report (citing 77 FR 31706). However, according to the commenter,
that report showed that the cost effectiveness of SCR for Hill falls
within the range established in EPA and state BART determinations. The
commenter quoted the Trinity BART report as including SCR costs of
$2,600 and $2,200/ton for the units at the Hill facility, while EPA's
proposal for BART at the Four Corners Power Plant considered cost
estimates of $4,887 to $6,170/ton to be cost-effective (citing 75 FR
64227, October 19, 2010) and states have established thresholds for
cost-effectiveness such as $7,300 (Oregon), $7,000 to $10,000
(Wisconsin), $5,946 to $7,398 (New Mexico), and $5,500 (New York).
The commenter believes that, in any event, EPA has no basis for
eliminating BART controls without engaging in the statutorily mandated
five-factor BART analysis. According to the commenter, EPA simply
waived any analysis, and any pollution reduction benefit, based on
speculation. The commenter alleged that proper inquiry would confirm,
for example, that LNB would prove much more effective at controlling
NOX than the relatively high figures the utility cited.
Response 3: EPA disagrees with the commenter's assertion that a
full five-factor analysis was not conducted for NOX controls
at Hill. The Trinity BART report contains a complete five-factor
analysis of NOX controls at Hill, which is consistent with
EPA requirements
[[Page 61486]]
and guidance.\20\ We have relied in large part on that analysis in
conducting our own five-factor BART analysis for NOX at
Hill. As noted by Earthjustice, the Trinity BART Report found low-
NOX burners to be cost-effective at Hill.\21\ The Trinity
BART Report also estimated that installation of LNB would result in an
improvement of 0.21 dv at Hawaii Volcanoes and 0.02 dv at Haleakala
(based on the 98th percentile impacts).\22\ However, the Trinity BART
Report noted this projection ``does not reflect reality'' because it
``relies on an approach for establishing natural conditions that does
not consider the local volcanic activity.'' \23\ In other words, the
actual visibility benefit of LNB will be significantly less than 0.21
dv, due to the impact of volcanic emissions. Taking this fact into
account, EPA concluded that the costs of LNB were not justified by the
visibility benefit that would actually result from installation of
controls.
---------------------------------------------------------------------------
\20\ See Trinity BART Report Chapter 5.
\21\ See Trinity BART Report at 5-11.
\22\ Id. Table 5-7.
\23\ Trinity BART Report at 5-11.
---------------------------------------------------------------------------
In particular, EPA considered the unique atmospheric conditions on
the Big Island, which call into question the reliability of the
benefits predicted by the air quality model. The air quality model used
by Trinity compared the impact of the NOX controls with
estimated natural conditions consistent with EPA protocols. As
described in Section II.A.1, above, the SO2 emissions from
the volcano were not included in those natural conditions.
SO2 emissions combine with ammonia in the atmosphere to form
ammonium sulfate. NOX emissions combine with ammonia in the
atmosphere to form ammonium nitrate. These ammonia compound particles
contribute to visibility impairment. In these complex chemical
reactions, ammonia is more likely to combine with sulfur than with
nitrogen.\24\ As such, inclusion of SO2 emissions from
volcanoes in the modeling would reduce the amount of ammonia available
to combine with NOX to form ammonium nitrate. Given these
baseline conditions at Hawaii Volcanoes NP, EPA finds that
NOX controls will be much less effective at improving
visibility than SO2 controls during this first planning
period.
---------------------------------------------------------------------------
\24\ See ``Chemical coupling between ammonia, acid gases, and
fine particles'', B.H. Baek et al./Environmental Pollution 129
(2004) 89-98.
---------------------------------------------------------------------------
As a result, we find that the costs of LNB are not justified by the
visibility benefit that would actually result from installation of
controls due to the unique atmospheric conditions on the Big Island. We
also find that substantially more expensive post-combustion controls,
such as SCR, were not justified for the same reason. Although the costs
for those post-combustion controls could be reasonable in some
contexts, they are not reasonable for Hill, given the low visibility
improvements that would result from installation of such controls at
this time. Nonetheless, as anthropogenic contributions to visibility
impairment decrease over time, further reductions in NOX
emissions may be required in order to ensure reasonable progress toward
eliminating anthropogenic visibility impairment. Therefore, we expect
the State of Hawaii to reevaluate the costs and visibility impacts of
NOX controls at Hill in future regional haze plans.
Comment 4: EPA's Determination of BART for SO2.
One commenter (HELCO) agreed with EPA that the Hill Plant should
not be required to install SO2 BART, stating that the potential
improvement in visibility that might result from installing
SO2 controls on Hill Units 5 and 6 is far outweighed by the
excessive costs of the controls that would be imposed on HELCO and its
customers. In contrast, another commenter (Earthjustice) stated that
EPA's proposal to exempt the Hill facility from any BART controls falls
short of the law's mandates by summarily eliminating any SO2
controls based on the rationale that it may increase retail electric
rates by 1 percent. According to this commenter, EPA must require
demonstrably cost-effective controls, rather than readily relieving
polluters of these obligations. Additional detail of these comments is
presented in the paragraphs that follow.
The first commenter (HELCO) stated that there are no cost-effective
control options available for the Hill facility. The commenter noted
that the BART Guidelines state that the majority of BART-eligible units
could meet the presumptive limits at a cost of $400 to $2,000/ton of
SO2 removed, and that the costs for Hill far exceed that
range. According to the commenter, the Trinity BART report found that
switching to 1 percent sulfur fuel would cost between $6,677 and
$7,363/ton, while EPA's analysis estimated costs of $5,587/ton. The
commenter believes that the Trinity BART report estimate is more
accurate, but pointed out that EPA's estimate also exceeds the cost-
effectiveness threshold established in the BART Guidelines.
This commenter also agreed with EPA's statement that imposing fuel
switching at Hill as BART would ``unduly increas[e] electricity rates
in Hawaii'' (citing 77 FR 31707). The commenter stated that fuel
switching would increase both the cost of electricity produced by the
Hill facility and the cost of electricity that HELCO purchases from
independent power producers (IPPs) because most of the contracts with
the IPPs are tied to HELCO's ``avoided cost'' of producing electricity;
thus, as HELCO's fuel costs increase for Hill, the price that most of
the IPPs receive for the renewable electricity they provide increases.
The commenter pointed out that the BART Guidelines recognize that there
may be circumstances that justify taking into consideration the
conditions of the plant and the economic effects of requiring the use
of a given control technology, including ``effects on product prices,
the market share, and profitability of the source'' (citing 70 FR
39130, July 6, 2005). The commenter asserted that given that the
electricity rates in Hawaii already are three times higher than the
national average, the increased cost of electricity alone is a
reasonable basis for determining that BART for the Hill Plant is no
additional controls.
The second commenter (Earthjustice) quoted the proposal preamble as
saying that the pollution control of switching to 1 percent sulfur fuel
oil would produce a 0.5 dv benefit, which EPA acknowledges is ``a
significant improvement in visibility'' (citing 77 FR 31707). In
addition, the commenter believes that this benefit is understated
because EPA derived the 0.5 dv figure from the Trinity BART report
which started from a baseline impact of Hill of 1.56 dv (citing 77 FR
31705), but EPA cited a higher baseline impact of 2.334 dv from the
state's consultants in finding Hill subject to BART in the first
instance (citing 77 FR 31704, 31705).
This commenter also stated that the cumulative benefit of BART
controls must be analyzed, contending that EPA and states have in
numerous cases recognized and included such cumulative visibility
benefits in BART determinations. The commenter pointed out that the
Trinity BART report's 0.5 dv figure includes only the visibility impact
on Volcanoes NP; it does not include the visibility impact and benefit
to Haleakala NP. The commenter indicated that EPA cited an impact of
0.808 dv at Haleakala NP in finding Hill subject to BART, while the
Trinity BART report cited a figure of 0.44 dv (citing 77 FR 31705 and
EPA's TSD, p. 50, footnote 45). The commenter stressed that in either
case, this impact is not negligible, yet EPA has failed to calculate
the visibility benefits to Haleakala NP. In sum, the commenter believes
that the ``significant
[[Page 61487]]
improvement'' of 0.5 dv constitutes a bare minimum level of visibility
benefit.
The commenter also contended that EPA's cost-effectiveness figure
of $5,587/ton is inflated because EPA quotes the cost of the 0.5
percent sulfur oil burned on Oahu as an upper limit, but then assumes
it to be the cost of 1 percent sulfur oil (citing the TSD, pp. 52-53).
The commenter believes that in all likelihood, 1 percent sulfur oil
would cost less than the 0.5 percent sulfur oil upper limit. The
commenter added that, conversely, if EPA uses the cost of 0.5 percent
sulfur oil, it also should use the pollution reduction benefit of the
same.
According to the commenter EPA did not determine its figure of
$5,587/ton to be unreasonable as a general matter, but instead
indicated that it does not believe the benefits justify the costs ``in
this case'' (citing 77 FR 31707). The commenter alleged that the only
grounds EPA provided for this conclusion are the following: ``We are
particularly concerned about unduly increasing electricity rates in
Hawaii, given that these rates are already three times the national
average according to the Energy Information Agency'' (citing 77 FR
31707). The commenter asserted that this rationale falls short for the
following reasons:
EPA's reliance on electricity rate increases contradicts
its previous rejection of this rationale as a metric for cost
effectiveness. In its BART determination for the San Juan Generating
Station in New Mexico, for example, EPA maintained that ``we do not
consider a potential increase in electricity rates to be the most
appropriate type of analysis for considering the costs of compliance in
a BART determination'' (citing 76 FR 52400, August 22, 2011). Rather,
``cost effectiveness analyses are based on the cost to the owner to
generate electricity, or the busbar cost, not market retail rates''
(citing 76 FR 52398).
EPA calculated that the fuel change would bump up retail
electricity rates by only 1 percent, which seems negligible on its
face. EPA does not explain how 1 percent amounts to an undue increase
in rates, or provide any method to gauge an undue increase other than
its assertion. This amounts to an arbitrary conclusion that any control
having an effect on rates is unreasonable.
In proposing to eliminate BART based on electricity rate
impacts, EPA is straying into policy decisions that are more
appropriately left to the Public Utility Commission (PUC) of the State
of Hawaii's authority and expertise, or the regulated utility and
market. The PUC is best positioned to decide how Hill can be most cost-
effectively deployed in relation to all other available resource
options if EPA fulfills its duty of controlling Hill's air pollution
and having Hill internalize the cost. By negating BART based on
generalized rate impact concerns, however, EPA undermines both its own
function of controlling pollution and the PUC's regulatory function of
managing utility resource costs and rates.
It is not true that requiring Hill to adopt pollution
controls will necessarily increase electric rates. Several large wind
plants on Hawaii Island are routinely curtailed, especially at night.
(The commenter appended many pages of HELCO's reports of such
curtailments.) Increasing the cost of Hill's operation would not
necessarily result in Hill's generation remaining constant and costs
proportionately rising. Rather, it may lead the utility to reduce
Hill's use to save on the increased fuel costs and instead receive more
wind energy, which has a zero fuel cost (as well as zero pollution
impact). In that case, an actual reduction in costs and rates may
result (along with an even greater pollution reduction and visibility
benefit than EPA calculated).
EPA's proposal would not help to avoid unduly increasing
electric rates, as much as it would distort the relative costs of
polluting and clean energy resources and unduly disadvantage the
latter. EPA recognizes the goals of the state's ``Clean Energy Bill''
(i.e., the state's renewable portfolio standard [RPS] and energy
efficiency portfolio standard), although it does not make clear how
this contributes to its analysis. The RPS allows a waiver of its
requirements, however, based on ``[i]nability to acquire sufficient
cost-effective renewable electrical energy,'' Haw. Rev. Stat. Sec.
269-92(d) (2011 Supp.), which highlights the need for polluting
generation like Hill to incorporate the costs of cost-effective
pollution controls to enable accurate comparisons with ``cost-
effective'' renewable energy. In this regard, EPA's proposal not only
forfeits cost-effective pollution control now, but also works against
the State's cited clean energy goals overall by exempting Hill from
such costs and thus artificially subsidizing it relative to clean
generation.
The commenter (Earthjustice) concluded by asserting that at
minimum, EPA's proposal and rationale fail to consider the overall
benefits of adopting the cost-effective option of switching to low-
sulfur fuel, including a potential reduction in electric rates. The
commenter believes that this highlights the analytical and practical
flaws in EPA's use of utility rates as a justification to avoid its
responsibility of requiring cost-effective pollution controls.
Response 4: We reaffirm that our BART determination for
SO2 at Hill was reasonable. With respect to visibility
impacts from Hill, EPA acknowledges that the modeling by the State's
consultants estimated a higher baseline impact at Hawaii Volcanoes NP
(2.334 dv) than the modeling in the Trinity BART report (baseline
impact of 1.56 dv). However, EPA does not consider one estimate to be
more reliable than the other. The Trinity modeling was performed in
accordance with EPA guidance and based on appropriately developed
meteorological modeling data.\25\ Even if we were to assume that the
State's consultant's modeling results were somehow more accurate, it
would not change our determination. Assuming a baseline impact at
Hawaii Volcanoes of 2.334 dv from Hill, the corresponding estimated
visibility benefit of switching to 1 percent sulfur oil would be
approximately 0.8 dv. We find that this benefit is not sufficient to
justify the cost of $5,587/ton.
---------------------------------------------------------------------------
\25\ The Trinity CALPUFF modeling was performed using the
current regulatory version of the model, CALPUFF version 5.8, level
070623. The meteorological modeling prepared by JCA for the Trinity
CALPUFF modeling was based on the MM5 mesoscale meteorological model
developed by scientists at Penn State University (PSU) and The
National Center for Atmospheric Research (NCAR). The CALPUFF
regional haze modeling domain was based on three of the MM5 modeling
domains which were used as CALMET inputs. The first domain is a 9 km
resolution `State' grid encompassing the 8 major Hawaiian Islands
and two domains are 3 km resolution grids encompassing the islands
of Maui and the Big Island, respectively. The MM5 modeling period
extends from January 1, 2005 to January 1, 2008. The results of the
statistical analysis show the MM5 simulations for the state of
Hawaii are in close agreement with acceptable benchmarks for all of
the examined variables. For example, the wind speed agreement
appears to be good, with typical bias below the recommended 0.5 m/s
error. See also TSD pp. 48 and 50.
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Regarding the ``cumulative benefit'' of BART controls, EPA notes
that the RHR and the BART Guidelines do not prescribe a particular
approach to calculating or considering visibility benefits across
multiple Class I areas. Summing the total visibility benefits over
multiple Class I areas is a useful metric that can further inform the
BART determination. However, in this instance, the baseline impacts of
Hill at the only other affected Class I area, Haleakala NP, were less
than 0.5 dv, and the projected improvement of switching to 1 percent
sulfur fuel was 0.2 dv.\26\ We
[[Page 61488]]
have taken this benefit into account in making our BART determination,
but have concluded that this benefit (in addition to the 0.5-0.8 dv
benefit for Hawaii Volcanoes) is not sufficient to justify requiring 1
percent sulfur fuel oil as BART, given the costs of compliance for this
control option.
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\26\ See Letter from Brenner Munger, Manager, Environmental
Department, Hawaiian Electric Company to Tom Webb, U.S. EPA Region
9, October 11, 2011, Document No. EPA-R09-OAR-2012-0345-0011--
attachment 4.
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With respect to the costs-of-compliance factor for Hill, EPA has
primarily taken into account the average cost effectiveness of
controls, as recommended by the BART Guidelines.\27\ We do not agree
with HELCO that the BART Guidelines set any ``cost-effectiveness
threshold.'' Rather, the Guidelines set presumptive BART limits of 95
percent SO2 removal, or an emission rate of 0.15 lb
SO2/MMBtu, for currently uncontrolled coal-fired EGUs
greater than 200 MW in size located at power plants greater than 750
MW.\28\ In the preamble to the Guidelines, EPA noted that the majority
of BART-eligible units with these characteristics could meet the
presumptive limits at a cost of $400 to $2,000 per ton of
SO2 removed.\29\ However, EPA did not indicate that these
cost-effective values constituted a ``threshold.'' Moreover, the BART
Guidelines do not set a presumptive limit for EGUs that burn oil, but
instead recommend that ``[f]or oil-fired units, regardless of size, you
should evaluate limiting the sulfur content of the fuel oil burned to 1
percent or less by weight.'' \30\
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\27\ 40 CFR part 51, Appendix Y, Sec. IV.D.4.c.
\28\ 40 CFR part 51, Appendix Y, Sec. IV.E.4.
\29\ 70 FR 39132. July 6, 2005.
\30\ 40 CFR part 51, Appendix Y, Sec. IV.E.4.
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In this case, we estimated the average cost effectiveness of
limiting the sulfur content of the fuel oil burned at Hill to 1
percent, based on reasonable assumptions concerning fuel costs in
Hawaii. As explained in Section VI.D.2 of the TSD, since data for the
continental United States would not reflect transportation costs to
Hawaii, EPA determined that it was appropriate to use fuel market data
for the State of Hawaii. Currently, the power plants on Oahu burn oil
that is no more than 0.5 percent sulfur by weight, while the power
plants on Maui and the Big Island (including Hill) burn oil that is no
more than 2 percent sulfur by weight. In addition, the 0.5 percent fuel
oil burned on Oahu has significantly different mechanical properties
than the fuel burned on the Big Island.\31\ Power plants on the Big
Island would not be able to use the Oahu fuel without extensive
modification to barges, pipelines in the ground, storage tanks, and
boiler fuel delivery systems. Therefore, use of the 0.5 percent oil
used on Oahu is not a viable option for Hill or the other power plants
on the Big Island. In addition, we were not able to find market data
for Hawaii or for the continental United States for 0.5 percent fuel
oil that could be used on the Big Island. Therefore, our SO2
BART analysis for Hill focused on the costs of switching to 1 percent
sulfur fuel oil.
---------------------------------------------------------------------------
\31\ See Trinity BART Report at pg. 4-2.
---------------------------------------------------------------------------
In the absence of any reliable publicly available data on the cost
of 1 percent sulfur fuel oil in the State of Hawaii, we determined that
it was appropriate to use the price of the Oahu 0.5 percent oil as an
upper limit to the cost of 1 percent sulfur fuel oil. In other words,
we assumed that, if 1 percent sulfur fuel oil were available on Oahu,
it would cost the same or less than the 0.5 percent sulfur fuel burned
on Oahu. The six-year (2006-2011) average cost differential between 0.5
percent fuel oil used on Oahu and the 2 percent fuel oil used on Maui
and the Big Island is 0.190 $/gal, so we assumed that 1 percent sulfur
fuel oil will, on average, cost 0.190 $/gal more than the 2 percent
sulfur fuel oil currently being burned. We recognize that this is a
conservative assumption, but find it to be reasonable, in light of the
lack of reliable, publicly available market data for 1 percent sulfur
fuel oil in Hawaii.
Based on this and other reasonable assumptions, we estimated that
the average cost effectiveness of limiting the sulfur content of the
fuel oil burned at Hill to 1 percent would be approximately $5,587/ton.
We have concluded that $5,587/ton is too expensive to justify the
projected visibility benefit of approximately 0.5-0.8 dv at Hawaii
Volcanoes NP and 0.2 dv at Haleakala NP.
In addition to average cost effectiveness, EPA also took into
account the potential impact of controls on electricity rates on the
Big Island. Contrary to the commenter's assertion, consideration of
electricity rates is not impermissible as part of a BART determination.
The BART Guidelines provide that:
There may be unusual circumstances that justify taking into
consideration the conditions of the plant and the economic effects
of requiring the use of a given control technology. These effects
would include effects on product prices, the market share, and
profitability of the source. Where there are such unusual
circumstances that are judged to affect plant operations, you may
take into consideration the conditions of the plant and the economic
effects of requiring the use of a control technology. Where these
effects are judged to have a severe impact on plant operations you
may consider them in the selection process, but you may wish to
provide an economic analysis that demonstrates, in sufficient detail
for public review, the specific economic effects, parameters, and
reasoning.\32\
\32\ 40 CFR Part 51, Appendix Y, BART Guidelines Sec. IV.E.3.
EPA has determined that the unique energy situation in Hawaii
(island-specific power grid, no availability of natural gas, high
electric rates) constitutes an unusual circumstance, and accordingly,
has considered the potential economic effects of requiring lower sulfur
fuel as BART. In doing so, EPA is not ``straying into policy decisions
that are more appropriately left to the [PUC] * * * or the regulated
utility and market.'' Rather, EPA is exercising its discretion to
consider unusual economic circumstances as part of its BART analysis.
EPA agrees that the ``PUC is best positioned to decide how Hill can be
most cost-effectively deployed in relation to all other available
resource options'' and our BART determination does not constrain the
PUC's ability to exercise this authority in any way.
EPA's consideration of the potential impact on electricity rates on
Hawaii does not contradict previous EPA's BART determinations. With
respect to EPA's BART determination for Public Service Company of New
Mexico's (PNM) San Juan Generation Station (SJGS), the commenter's
quotation of EPA's responses to comments is misleading. While EPA did
not calculate potential increases in electricity rates associated with
BART for SJGS, we noted that ``our cost estimate, being about \1/3\
that of PNM's, will result in significantly less costs being passed on
to rate payers.'' \33\ EPA's statement that ``cost effectiveness
analyses are based on the cost to the owner to generate electricity, or
the busbar cost, not market retail rates'' pertains to the appropriate
way to calculate the cost of auxiliary power needed to run a selective
catalytic reduction (SCR) system and is not a general statement on the
relevance of electricity rates to BART determinations.\34\ In addition,
the unique circumstances in Hawaii where there is no grid
interconnectivity between islands to mitigate costs to ratepayers were
not present in New Mexico.
---------------------------------------------------------------------------
\33\ 76 FR 52400.
\34\ 76 FR 52398.
---------------------------------------------------------------------------
We also note that EPA has taken into account economic effects as
part of its BART determinations for other power plants with unusual
circumstances. For
[[Page 61489]]
example, the Four Corners Power Plant (FCPP) is located on the Navajo
Nation and contributes annually to revenues to the Navajo government
through lease payments and coal royalties. In response to concerns
raised by the Navajo Nation that options considered for BART may cause
FCPP to close, EPA conducted an affordability analysis for our proposed
BART determination for FCPP.\35\
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\35\ 75 FR 64227, October 19, 2010.
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Finally, we acknowledge that additional factors could influence the
ratepayer impacts of requiring lower sulfur fuel. As noted by
Earthjustice, increased fuel costs at Hill could result in the
increased use of other types of generation. At the same time, the cost
of electricity that HELCO purchases from IPPs could also increase due
to increases in HELCO's ``avoided cost'' of producing electricity.
These factors are outside of the scope of our analysis, but we note
that it is not clear whether the overall effect of switching to
alternative sources of generation would be to further increase costs or
to mitigate the impact to ratepayers. As such, our estimate of
ratepayer impacts is far from certain. Therefore, while we have
considered these impacts as part of our analysis, we do not rely upon
them specifically as part of our final BART determination.
In sum, taking into account the five BART factors, and particularly
the costs of control and expected visibility improvement, we conclude
that BART for Hill is no additional controls.
7. NOX Reasonable Progress Analysis for the State of Hawaii
Comment 1: Determining reasonable progress through island-specific
emissions inventories.
One commenter (Earthjustice) objected to the fact that EPA limited
its emissions inventories only to Maui and the Big Island in isolation.
According to the commenter, EPA supported this approach by saying that
``trade winds tend to transport pollution from Oahu away from the Class
I areas'' (citing 77 FR 31708). The commenter pointed out that the
``Kona'' winds often blow in the opposite directions, sometimes for as
long as a week at a time, and asserted that general meteorological
tendencies do not justify EPA summarily exempting all pollution sources
from Oahu.
The commenter also quoted EPA as saying that modeling ``indicates
that even very large sources on Oahu have relatively small visibility
impacts on Haleakala'' (citing 77 FR 31708). The commenter stated that
these visibility impacts are understated. According to the commenter,
EPA's BART Guidelines recommend a minimum of three years of
meteorological modeling for such analysis, while in this case, only one
year of data were available. The commenter indicated that in other
cases where only one year of modeling was conducted, it was established
that the highest result, and not the 98th percentile result, should be
used, and that in this case the highest result would have provided a
visibility impact for two large plants on Oahu (Kahe and Waiau) of 1.28
and 0.57 dv at Haleakala NP, respectively, subjecting those plants to
BART.
Response 1: The meteorological modeling for the analysis is based
on one year of meteorological data, which represents the variety of
meteorological conditions that occur throughout the year. This includes
time periods when ``Kona'' winds are prevalent. Kona winds are from the
west and southwest. These winds also direct emissions from Oahu away
from the Class I areas.
EPA's BART Guidelines do not specify a minimum number of years of
meteorological modeling for subject-to-BART analyses, but EPA agrees
with the commenter that it is generally appropriate to use three to
five years of meteorological data for such analyses. For Hawaii, the
subject-to-BART modeling was performed using the best available
meteorological modeling available at the time, which for Hawaii was one
year of meteorological modeling.\36\ Given the generally consistent
Pacific trade wind patterns, EPA concludes that this meteorological
modeling, based on one year of data, is adequate to sufficiently
represent the range of meteorological conditions in Hawaii. Therefore,
we find that it is appropriate to use the 98th percentile in the case
of Hawaii for making subject-to-BART determinations. Based on the
results of this modeling and information on prevailing winds, it is
reasonable to assume that emissions from Oahu do not contribute to
visibility impairment at the Class I areas on Maui or the Big Island.
---------------------------------------------------------------------------
\36\ The Western Regional Air Partnership provided three years
of meteorological modeling for the analysis for all western states,
with the exception of Hawaii and Alaska. Because meteorological
modeling was not provided for Hawaii, Hawaii DOH directed their
contractor to prepare meteorological modeling for the subject-to-
BART analysis.
---------------------------------------------------------------------------
Comment 2: EPA's reasonable progress analysis for NOX sources on
Maui and the Big Island.
One commenter (Earthjustice) indicated that EPA should not have
eliminated controls for NOX in its reasonable progress
analysis. According to the commenter, EPA ignored its own guidance
indicating that installation of LNB is ``highly cost-effective''
(citing 40 CFR part 51, Appendix Y), as well as the utilities' own
analysis confirming the same (citing the Trinity BART report). The
commenter asserted that EPA circumvented the legally mandated analysis
for reasonable progress by misleadingly claiming a ``small
contribution'' of NOX in relation to SO2 levels
inflated by volcano impacts.
In contrast, two other commenters (HC&S, MECO) agreed with the
proposal that sources on Maui and the Big Island should not be required
to install NOX controls. The commenters stated that such
controls are not justified given the 20 percent net reduction in
NOX emissions anticipated from existing regulations and the
small contribution of NOX to visibility impairment in
Hawaii's Class I areas. One of the commenters (MECO) also indicated
that such controls are not justified due to the high cost of
compliance.
Response 2: Based on our analysis of the reasonable progress
factors, as set forth in section III.F.2. of our proposal,\37\ and
given the unique atmospheric conditions in Hawaii, as described in
section II.A.6 above, EPA finds that the significant reductions in
NOX emissions from mobile sources are sufficient to show
reasonable progress for the first planning period for both Maui and the
Big Island. Additional controls on industrial NOX sources
may be required in future planning periods.
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\37\ 77 FR 31708, 31709.
---------------------------------------------------------------------------
8. Reasonable Progress Analysis for SO2 Emissions on the Big
Island
Comment 1: Cap could/should be lower.
One commenter (NPS) believes that the proposed SO2 cap
for certain point sources on the Big Island is the minimum acceptable
action to demonstrate reasonable progress for Hawaii Volcanoes NP.
Given the reductions projected under Hawaii's Clean Energy Bill, the
commenter believes that a lower SO2 emissions cap is
feasible and justified. The commenter also noted that EPA's analysis
used the current costs for 0.5 percent sulfur fuel oil on Oahu to
estimate the costs of 1.0 percent sulfur fuel oil on Maui and the Big
Island, concluding that EPA likely overestimated the costs of switching
to 1.0 percent sulfur fuel oil.
Another commenter (Earthjustice) stated that the proposed
SO2 cap on certain HELCO plants on the Big Island does not
achieve progress toward eliminating anthropogenic visibility
impairment, but instead largely
[[Page 61490]]
maintains status quo emissions levels (noting that the proposed cap
level of 3,550 tpy is only 375 tpy less than the affected plants'
current baseline SO2 emissions of 3,875 tpy). The commenter
questions why EPA does not adopt the State's clean energy mandates
under which the HELCO plants' SO2 emissions are projected to
decline to around 1,000 tpy or less as part of the long-term strategy
(and thereby make these reductions federally enforceable), particularly
since they reflect the State's own legal mandates and judgments as to
what is reasonable.
This commenter added that while the proposed cap serves as a
minimal ``backstop'' against increased pollution, it does not fulfill
the legal mandate of progress toward eliminating anthropogenic
visibility impairment. The commenter stated that EPA must, first,
calculate a meaningful URP that is unskewed by volcano conditions and
second, require a rate of reasonable progress that is no less than the
URP and reflects NOX and SO2 controls and state
clean energy mandates. The commenter believes that EPA has not
justified its failure to provide for achievement of a ``rationally
based'' URP, or its failure to consider or provide for even greater
progress, as its own rules and policies require.
Response 1: Based on our analysis of the reasonable progress
factors, set forth in section III.F.4 of our proposal,\38\ and given
the unique atmospheric conditions in Hawaii, as described in section
II.A.6 above, EPA finds that the proposed cap of 3,550 tpy is
sufficient to ensure reasonable progress for this planning period. This
cap provides a federally enforceable requirement to ensure that total
emissions of SO2 from the sources on the Big Island with the
greatest anthropogenic visibility impacts on Hawaii Volcanoes NP will
not increase over the course of the first implementation period. With
the cap in place, total anthropogenic emissions of SO2 on
the Big Island are expected to decline during this period.
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\38\ 77 FR 31710.
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The Hawaii 2009 Clean Energy Omnibus Bill (Act 155 (09), HB1464,
signed June 25, 2009, [hereinafter ``Clean Energy Bill'']) sets
standards for renewable energy and energy conservation which would tend
to reduce emissions at Hill, Shipman and Puna. However, it is unclear
how those standards will be met and what new generation will be on line
by January 1, 2018. The analysis of the bill provided by EPA in the
proposal was intended to give the reader a qualitative understanding of
the uncertainty in existing 2018 emission projections for these plants.
It is up to the State of Hawaii to determine how the Clean Energy Bill
is implemented and it is quite possible that Hill, Shipman and Puna
will continue to operate at a similar capacity in 2018 as they do now.
In light of this uncertainty, EPA finds it is reasonable to set a cap
that could be met entirely by conversion to 1 percent fuel oil at the
targeted plants, even if these plants did not have to reduce emissions
under the Clean Energy Bill.
We also find that no additional reductions in anthropogenic
SO2 emissions are reasonable for this implementation period.
As noted in our proposal, we estimate that meeting the cap through
conversion to 1 percent fuel oil will cost approximately $7.9 million
per year and $5,600/ton of SO2 reduced.\39\ We acknowledge
that this cost estimate is conservative, but we find it to be
reasonable for the reasons set forth in Section VI.D.2 of the TSD and
Section II.B.6 above.
---------------------------------------------------------------------------
\39\ 77 FR 31711, 31712. Table 23 in the proposal mistakenly
listed the total cost as $7,859,89,'' but the text correctly
reflects the estimated cost of $7.9 million.
---------------------------------------------------------------------------
Finally, we do not agree that EPA must or should set RPGs for
Hawaii that provide for a rate of improvement equivalent to or faster
than the URP. As explained in Section II.A.1 above, the URP does not
set a mandatory target for emissions reductions and is unhelpful in
setting RPGs for Hawaii, given the unpredictability of volcanic
emissions.
Comment 2: High cost of proposed cap outweighs possible benefits.
One commenter (HELCO) does not agree that a cap is required to meet
reasonable progress goals. The commenters asserted that the costs and
non-air quality and energy impacts of achieving SO2
emissions reductions are excessive, and are unlikely to achieve any
improvement in visibility; thus, the commenter believes that no
controls should be required.
The commenter asserted that EPA has significantly underestimated
the costs of switching to 1 percent sulfur fuel at the Hill, Puna, and
Shipman Plants, noting that EPA estimated that the proposed emissions
cap will cost $5,500/ton of SO2 reduced annually (citing 77
FR 31711), while the commenter estimates that this control measure
would cost approximately $7,354/ton at Hill, $7,204/ton at Shipman, and
$7,205/ton at Puna. The commenter indicated that EPA's cost estimate
fails to account for all of the costs associated with switching fuels
at these facilities. As previously discussed in the section of this
document on SO2 BART (Section II.A.6.), fuel switching at
the commenter's facilities will increase both the cost of electricity
produced by the commenter's units and the cost of electricity that the
commenter purchases from specific IPPs with avoided cost pricing. The
commenter stated that EPA has not provided a reasoned basis for
disregarding the commenter's cost estimates.
In addition, the commenter asserted that the visibility
improvements anticipated by EPA do not justify the costs associated
with complying with the proposed cap. The commenter made the following
points in support of this assertion:
EPA's proposal is based on modeling showing that Hill and
Puna may be causing or contributing to impairment at Haleakala NP and
that Shipman may be contributing to visibility impairment at Hawaii
Volcanoes NP, using the same conservative assumptions used for MECO's
Kahului Plant on Maui (citing 77 FR 31711). For Kahului, EPA's modeling
was ``based on conservative assumptions that are unlikely to occur
during normal operations'' (citing 77 FR 31709). Such tenuous
connections to visibility impacts should not be the basis for imposing
significant costs on HELCO's ratepayers.
The proposed cap cannot be justified based on the ``slight
improvement'' in projected visibility for 2018 at Volcanoes NP (0.18
dv) and Haleakala NP (0.29 dv) (citing 77 FR 31713). These levels are
far less than either the level necessary for a perceptible improvement
in visibility or the level of improvement EPA estimated in the BART
analysis for the Hill Plant (citing 77 FR 31707).
There is no reasonable basis for EPA's determination that
a control cost of $5,500/ton of SO2 and a 2 percent increase
in electricity rates are justified for a visibility improvement of
significantly less than 0.5 dv. In the BART analysis for the Hill
Plant, EPA determined that a 0.5 dv improvement was outweighed by a
control cost of $5,600/ton and a 1 percent increase in electricity
rates (citing 77 FR 31707). EPA fails to explain why an emissions cap
that achieves less at a greater cost to rate-payers is justified as a
reasonable progress requirement, particularly since the degree of
improvement in visibility is a factor in determining BART and is not a
factor in determining reasonable progress [citing 40 CFR 51.308(d)].
The high control costs for fuel switching are excessive
for an aesthetic program such as Regional Haze. These costs far exceed
the cost thresholds EPA recently applied in the Cross-State Air
[[Page 61491]]
Pollution Rule (citing 76 FR 48208, August 8, 2011), which is a health-
based standard for which EPA selected cost-effectiveness thresholds of
$500/ton for NOX reductions and $500 or $2,300/ton for
SO2 reductions.
The commenter went on to assert that the proposed emissions cap is
not necessary to meet reasonable progress goals because of the high
likelihood that SO2 emissions from the affected facilities
will decrease absent any Regional Haze requirement due to Hawaii's
Clean Energy Bill. According to the commenter, EPA guidance indicates
that emissions reductions from local control measures are an important
factor in establishing reasonable progress goals and may be all that is
necessary to achieve reasonable progress in the first planning period
for some states. Citing EPA's Reasonable Progress Guidance, the
commenter stated that despite EPA's assertion to the contrary (citing
77 FR 31712), neither the BART Guidelines nor the statute requires that
emissions reductions from state programs must be federally enforceable
to be considered in a reasonable progress analysis.
Finally, the commenter stated the understanding that EPA believes
anthropogenic controls are necessary because Kilauea could stop
erupting at any time, leaving all resulting visibility impairment from
anthropogenic emissions that must be addressed. As discussed earlier,
the commenter believes that even if Kilauea stopped erupting tomorrow,
SO2 emissions from the volcano would continue. Rather than
imposing controls and significant costs to address what the commenter
believes is an unlikely hypothetical situation, the commenter suggested
that EPA should conclude that controls are not necessary during this
planning period to meet reasonable progress goals but must be re-
evaluated during the next planning period. The commenter believes that
such an approach ensures that any burdens imposed on the commenter's
rate payers are justified by real-world environmental benefits.
Response 2: As an initial matter, we do not agree that we can rely
solely on state and local measures to ensure reasonable progress under
this Regional Haze FIP. Pursuant to CAA section 169A(b)(2), Regional
Haze SIPs must include ``such emission limits, schedules of compliance
and other measures as may be necessary to make reasonable progress
toward meeting the national goal * * *'' of achieving natural
visibility conditions in all mandatory Class I areas. This statutory
requirement is implemented through the RHR, which requires that the
long-term strategy element of a Regional Haze SIP, ``* * * include
enforceable emissions limitations, compliance schedules, and other
measures as necessary to achieve the reasonable progress goals * * *''
\40\ Once approved by EPA into the applicable SIP, these emission
limits, schedules of compliance and other measures become federally
enforceable under the CAA.
---------------------------------------------------------------------------
\40\ 40 CFR 51.308(d)(3) (emphasis added).
---------------------------------------------------------------------------
In this regard, the commenter's selective quotation from EPA's
Reasonable Progress Guidance is misleading. The Guidance notes that:
One important factor to keep in mind when establishing a RPG is
that you cannot adopt a RPG that represents less visibility
improvement than is expected to result from the implementation of
other CAA requirements. You must therefore determine the amount of
emission reductions that can be expected from identified sources or
source categories as a result of requirements at the local, State,
and federal levels during the planning period of the SIP and the
resulting improvements in visibility at Class I areas. Given the
significant emissions reductions that we anticipate to result from
BART, the CAIR, and the implementation of other CAA programs,
including the ozone and PM2.5 NAAQS, for many States this
will be an important step in determining your RPG, and it may be all
that is necessary to achieve reasonable progress in the first
planning period for some States.\41\
---------------------------------------------------------------------------
\41\ See Section 1-4 of ``Guidance for Tracking Progress Under
the Regional Haze Rule'', Document No. EPA-R09-OAR-2012-0345-0003-
B10 (emphasis added).
Read in context, it is clear that the discussion in the Guidance of
state and local measures refers only to measures resulting from
implementation of other CAA requirements (i.e., federally enforceable
requirements promulgated by EPA or submitted by the State and approved
by EPA into the applicable SIP). Hawaii has not submitted the measures
contained in the Clean Energy Bill for approval into the applicable
SIP. Therefore, these are not federally enforceable and, in
promulgating a Regional Haze FIP, we cannot rely on these measures to
assure that reasonable progress is made during the first planning
period. In addition, we note that the Clean Energy Bill is not intended
to address regional haze and does not specifically target those sources
found to cause or contribute to visibility impairment in Hawaii's Class
I areas. While implementation of the Clean Energy Bill may lead to
reductions in emissions of SO2 emissions from such sources,
it does not ensure that such reductions will occur. We expect that
Hawaii will assess the actual effects of the Clean Energy Bill and
consider incorporating some or all of these measures into the SIP as
part of future Regional Haze plans. The RHR requires that regional haze
plans ``ensure no degradation in visibility for the least impaired days
over the [planning] period.'' \42\ As explained in our proposal, our
reasonable progress analysis for Hawaii focuses on anthropogenic
emissions of visibility-impairing pollutants, as measured through
island-specific emissions inventories.\43\ Without additional federally
enforceable controls, anthropogenic emissions of SO2 on the
Big Island are projected to increase between 2005 and 2018.\44\
SO2 is the principal cause of visibility impairment on the
best 20 percent days at the Hawaii Volcanoes NP.\45\ If anthropogenic
SO2 emissions on the Big Island were to increase between
2005 and 2018, it is reasonable to assume that visibility on the best
days would degrade. Therefore, additional control measures are needed
to prevent such degradation.
---------------------------------------------------------------------------
\42\ 40 CFR 51.308(d)(1).
\43\ See 77 FR 31707.
\44\ TSD at 41-42.
\45\ TSD at 24-25.
---------------------------------------------------------------------------
With regard to the costs of compliance, EPA recognizes that there
is a great deal of uncertainty in projecting the future costs of
petroleum products. The EPA-estimated cost of $5,587/ton is
conservative, and was presented as an upper bound on what the costs
could be in order to inform as best as possible both EPA's decision
making and public comment. Because it is a conservative estimate that
likely does not represent the true cost of the cap, we believe it would
not be appropriate to use this cost estimate as a benchmark for BART or
reasonable progress decisions on other sources in Hawaii or other
states. EPA is unable to describe our specific disagreements with the
details of HELCO's cost analysis because the company claimed that
analysis as confidential business information (CBI).\46\ EPA agrees
with HELCO that if the utility were to decide to meet the cap by
purchasing more expensive fuel, the costs to the ratepayers may be
greater than a 2 percent increase in rates. This is due to HELCO's
contracts with independent power producers (IPPs) that specify that the
IPPs would be paid based on avoided costs. Nonetheless, we expect that
HELCO will be able to limit the impact on ratepayers by meeting the cap
through increased use of clean power as
[[Page 61492]]
mandated by the Hawaii Clean Energy Bill.
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\46\ EPA's regulations governing treatment of CBI are set out at
40 CFR Part 2, Subpart B.
---------------------------------------------------------------------------
Finally, HELCO misstates EPA's position regarding the need to
control anthropogenic SO2 emissions in light of the fact
that the emissions of the volcano are uncertain and variable. As noted
above, the RHR requires that RPGs ``ensure no degradation in visibility
for the least impaired days'' over the period of the implementation
plan.\47\ Given that SO2 is the principal cause of
visibility impairment on even the best days, limiting emissions of
SO2 from manmade sources is necessary to ensure no
degradation. Whether the volcano continues to erupt or not is not
directly relevant. EPA has identified Hill, Shipman and Puna as
appropriate sources to control because modeling indicates that they
contribute to visibility impairment at Hawaii Volcanoes National Park.
We have selected the lowest cost emissions control method to set the
emissions cap and have provided HELCO with substantial flexibility on
how to meet that cap.
---------------------------------------------------------------------------
\47\ 40 CFR Sec. 51.308(d)(1).
---------------------------------------------------------------------------
Comment 3: HELCO willing to accept a 24-month cap.
One commenter (HELCO) stated that in spite of disagreeing about the
reductions necessary to meet reasonable progress goals, the commenter
appreciates the flexibility that an emissions cap provides and is
prepared to accept a cap on SO2 emissions at its Puna, Hill,
and Shipman facilities. However, the commenter asserted that it is
critical to the commenter's ability to cost-effectively dispatch its
system and maintain reliability that compliance with the cap be
determined over a 24-month period (i.e., a rolling 24-month cap of
7,100 tons rather than a 12-month cap of 3,550 tons).
The commenter's primary concern is that the company be able to
operate the five units subject to the proposed cap as much as necessary
in the event of concurrent forced outages of a significant duration at
multiple units within its system; this concern arises from historic
events involving the IPPs that provide almost 90 megawatts of power to
the commenter's system. In such a situation under the proposed 12-month
cap, the commenter might find itself faced with two unacceptable
options--violate the cap to maintain grid reliability or allow rolling
blackouts. The commenter indicated that a 24-month cap would provide
sufficient flexibility to ensure reliability without incurring CAA
penalties.
The commenter added that a 24-month cap would diffuse the potential
increase in electricity rates that may occur if multiple overlapping
forced outages occurred under a 12-month cap, necessitating increased
generation with higher-cost diesel-fired units. A 24-month cap would
allow the commenter to operate its most cost-effective units as needed
during an event and then offset the period of higher emissions during
the remainder of the compliance period.
The commenter also stated that if EPA does not establish a 24-month
cap, it is critical that EPA create an exemption to the 12-month cap in
the event of concurrent forced outages of significant duration at
multiple units in the system. Because its system is isolated, the
commenter does not have the option of purchasing replacement power and
must be able to operate its units as needed to maintain system
reliability.
Finally, the commenter requested that if a 12-month cap is
established, EPA confirm that compliance must first be demonstrated on
December 31, 2018, rather than January 31, 2018. The commenter
indicated that the difference is extremely important for planning and
implementing compliance measures. The commenter is concerned that the
proposed FIP is not clear on this matter [citing proposed 40 CFR
52.633(d)(4) and 77 FR 31718].
Response 3: EPA understands the commenter's concern for electric
reliability, but moving to a 24-month rolling average would
significantly weaken the control requirement by allowing for greater
number of days in each year that have large 24-hour emission rates. We
note that, under the BART Guidelines, emissions limits for EGUs are set
as 30-day rolling averages in order to ensure that they are enforceable
and consistent across sources. Because the SO2 emission cap
here is being set pursuant to reasonable progress requirements, rather
than BART requirements, we have provided HELCO with the additional
flexibility of a 12-month rolling cap, rather than a 30-day rolling
average limit, in order to address concerns about costs and electric
reliability. However, given that reasonable progress is measured by the
best 20 percent days and worst 20 percent days on an annual basis, we
do not agree that an averaging time greater than 12-months to be
appropriate. Nonetheless, EPA may be willing to consider a modification
of the control requirement that would allow for short-term exceedances
of the cap in conditions where electric reliability is genuinely at
risk. However, such an amendment to the rule would need to comply with
all substantive and procedural CAA requirements for implementation plan
revisions. Since this requirement is not scheduled to go into effect
until 2018, there is adequate time for promulgation of such a revision
via notice-and-comment rulemaking.
EPA confirms that HELCO would need to first demonstrate compliance
with the cap on December 31, 2018. The rule language has been modified
to clarify this issue.
Comment 4: Alternative approach.
One commenter stated that EPA's proposed SO2 limits for
the Big Island power plants appear to ignore the very large emissions
from the volcano, which are much greater than those from the power
plants. According to the commenter, adding cost to power generation
that is already the highest in the nation with no benefit makes no
sense and adds to the perception that EPA is not working in the best
interest of the country. However, the commenter noted that because
emissions from the volcano might decrease or stop in the future, some
limit to power plant emissions would be appropriate.
To address this issue, the commenter suggested a ``second order''
limit that is tied to the amount of volcanic emissions. As explained by
the commenter, the limit would consist of a constant limit that would
not affect the visibility from the volcano should volcanic emissions
stop (i.e., the current amount of emissions EPA considers appropriate
should volcanic emissions stop), plus a variable amount that would be
some fraction of emissions from the volcano (e.g., 2 percent of the
volcanic emissions, an amount that would be undetectable given the
volcanic emission variation and clearly would not impact visibility).
The commenter believes such a limit would provide ``breathing room''
for HELCO and price relief for its customers, while at the same time
meeting EPA's mandate to limit emissions to values that will not
significantly affect visibility in national parks and not adding to the
public perception that EPA is working against the citizens of this
country.
Response 4: EPA appreciates the commenter's concerns, and the
thought that went into this comment. However, we do not agree that our
proposed emission cap ignores the very large emissions from the
volcano. Rather, the cap is intended to limit the anthropogenic
contributions to haze, consistent with the purpose and the requirements
of the RHR. We agree with the commenter that accounting for the impact
of the volcano presents a significant challenge for Regional Haze
planning in Hawaii. Unfortunately, given the high variability and
uncertainty of the volcanic emissions, the commenter's suggested
approach
[[Page 61493]]
would result in a situation where the electric utility would not know
what their allowable SO2 emissions would be until after the
data on the volcanic emissions are available. This approach would not
be workable.
Comment 5: Other comment.
One commenter stated that EPA is mistaken if it thinks that it is
going to raise taxes or rates in Hawaii over what the commenter termed
``some ignorant climate change haze nonsense.''
Response 5: This rulemaking is required to meet requirements set
under the CAA amendments of 1990 to move toward eliminating
anthropogenic visibility impairment at Class I areas. It is not related
to climate change. EPA is cognizant of the potential costs of the plan
and so has designed it to minimize impact on the ratepayers as much as
possible.
9. Point Source SO2 Emissions on Maui
Comment 1: Puunene Mill emissions will go down.
One commenter (HC&S) disagreed with the EPA's projections that
point source emissions of SO2 on Maui will increase during
the first planning period ending in 2018, and that much of this
increase will come from the Puunene Mill (with projected emissions of
469 tons in 2018). The commenter noted that SO2 emissions
from the Puunene Mill are driven by coal consumption because bagasse,
the primary fuel at the facility, contains negligible amounts of sulfur
and fuel oil is a very small fraction of annual heat input. According
to the commenter, SO2 emissions from the facility averaged
409 tons per year from 2006 to 2011, and this average was inflated by
historic lows in sugar production in 2008 and 2009. The commenter
expects that sugar production will continue to rebound and coal
consumption will continue to decline so that SO2 emissions
from the facility will be in the range of 280-300 tpy by 2018. Based on
this, the commenter believes that SO2 emissions from point
sources in Maui are more likely to decrease by 2018 rather than to
increase as projected in the proposal, resulting in a larger decrease
in overall anthropogenic emissions than projected and in further
improvements in visibility at Haleakala NP.
Response 1: The EPA appreciates this new information and believes
that it supports our conclusion that it is not reasonable to require
additional SO2 reductions on Maui at this time. The EPA
encourages the commenter to work closely with Hawaii DOH as they
develop emission inventory projections for future updates of the
Regional Haze plan to ensure that the best information is used in
making emission inventory projections.
Comment 2: Reasonable progress analysis not warranted for Kahului.
Although supporting the EPA's conclusion that the Kahului facility
should not be subject to controls, one commenter (MECO) disagreed that
a reasonable progress analysis was warranted for the Kahului facility.
According to the commenter, the EPA's finding that prevailing winds
should transport Kahului's emissions away from Haleakala NP (citing 77
FR 31709) is a sufficient basis for the EPA to make a determination
that controls are not required at Kahului; and no additional analysis
should be necessary. The commenter stated that the visibility modeling
upon which the EPA based its decision to conduct the reasonable
progress analysis was based on conservative assumptions and unlikely to
occur in normal operations (citing 77 FR 31709), and that Kahului's
actual contribution to visibility impairment at Haleakala NP is likely
considerably less and may not even be in the range of perceptibility.
For this reason, the commenter believes that the EPA should have
determined that Kahului should not be subject to reasonable progress
requirements during this planning period.
Response 2: The EPA believes it was reasonable to consider
additional SO2 controls at the Kahului power plant, given
four concerns: significant visibility impairment from sulfur compounds
at Haleakala NP on both the worst and best visibility days, a projected
increase in point source SO2 emissions during the planning
period, the very high SO2 emissions from the facility, and
significant modeled visibility impacts from the plant on Haleakala.
However, based on our analysis, we determined that no additional
controls for Kahului are reasonable at this time.
10. Reasonable Progress Analysis for SO2 Emissions on Maui
Comment 1: Concurrence with proposal.
One commenter (HC&S) concurred with the EPA's analysis showing that
existing requirements under the Act will result in net reductions of
anthropogenic emissions of SO2 on Maui during the first
planning period (ending in 2018) and that it is therefore reasonable to
assume that visibility at Haleakala NP on the worst visibility days
will improve and on the best visibility days is not getting worse. In
addition, the commenter concurred with the EPA's proposal to find that
the projected level of emissions reduction is reasonable for this
planning period. (See Section II.A.9. of this notice for the
commenter's comments and our responses on projected point source
SO2 emissions on Maui.)
Response 1: The EPA appreciates the supportive comment. With
anthropogenic emissions decreasing substantially in the first planning
period, it is reasonable to assume that visibility impairment due to
anthropogenic sources will improve during the planning period.
Comment 2: Cap emissions from Kahului and Maalaea.
One commenter (NPS) recommended that the EPA establish an
SO2 emissions cap for the Kahului Power Plant and the
Maalaea Generating Station on Maui, which could be met by lower sulfur
fuel, reduced plant utilization, or increased use of biofuels. The
commenter noted that under Hawaii's Clean Energy Bill, SO2
emissions from these two facilities are projected to be reduced by 83
percent by 2018. The commenter believes that a federally enforceable
SO2 emissions cap for the Kahului and Maalaea facilities is
justified for reasonable progress and would provide incentive for early
implementation of the Clean Energy Bill objectives. The commenter added
that the visibility modeling demonstrated that the Kahului Power Plant
contributes to visibility impairment at Haleakala NP, and that the EPA
determined that costs for 1 percent sulfur fuel would be lower for
Kahului Power Plant ($4,200 per ton) than for the electric generating
facilities on the Big Island ($5,587 per ton) that are required to meet
an SO2 emissions limit. In addition, the commenter (NPS)
disagreed with the EPA's reliance on the projected reductions in
SO2 emissions from marine shipping under the North American
Emissions Control Area agreement (that requires lower sulfur fuels for
marine shipping within 200 nautical miles of the U.S. coastline
beginning in August 2012) to offset emissions from the electric
generating facilities on Maui. The commenter contended that there is
considerable uncertainty in the levels of baseline and future marine
traffic and the extent that these emissions should be included in the
island inventory.
Response 2: EPA disagrees with this comment. As explained in our
proposal, due to the federally enforceable emissions reductions from
mobile sources (including shipping), total anthropogenic SO2
emissions on Maui are projected to decrease by nearly 8 percent between
2005 and 2018 without additional control measures. We also expect
emissions reductions from the
[[Page 61494]]
Hawaii Clean Energy Bill, but we do not need to make those reductions
federally enforceable in order to show reasonable progress. In
addition, HC&S has indicated in their comments on the proposal that
their 2018 emissions should be significantly lower than indicated on
Table V-2 of the TSD.\48\ Even without these additional reductions in
point source emissions, anthropogenic SO2 emissions on Maui
are projected to decrease by nearly 8 percent between 2005 and 2018.
---------------------------------------------------------------------------
\48\ See written comments on proposal from Alexander and Baldwin
Company, July 2, 2012, Document No. EPA-R09-OAR-2012-0345-0019.
---------------------------------------------------------------------------
11. Agricultural Burning on Maui
Comment 1: Cane burning impacts visibility and should be addressed.
Eight commenters expressed concern over emissions from agricultural
burning in the sugarcane fields of Maui. Four of these commenters
(Earthjustice, FHNP, Maui Tomorrow, Parsons) specifically questioned
EPA's conclusions that there is no evidence of agricultural burning
contributing to haze at Class I areas and/or that no further controls
on agricultural burning are reasonable at this time (77 FR 31715, May
29, 2012). In contrast, one commenter (HC&S) concurred with EPA's
findings.
One commenter (Earthjustice) indicated that the community's direct
experience and testimony have provided evidence that agricultural
burning contributes to haze at Class I areas, specifically that smoke
plumes from agricultural burning impair visibility within Haleakala NP
when meteorological conditions are not optimal and that the smoke
directly impairs the views of park visitors of the panoramic vistas of
the island, coastlines, and ocean from the park, which is an integral
part of the park experience. Given the serious community concerns, the
commenter urged EPA to undertake a full reasonable progress analysis
for this pollution source and adopt a plan incorporating best practices
for controlling emissions.
Another commenter (Parsons) stated that on many days, his view of
Haleakala NP from Wailuku is obscured by a cloud of cane smoke through
the central valley of Maui, and that views from Haleakala NP would
certainly be impacted likewise. The commenter expressed disappointment
that EPA has done little to address environmental and health concerns
over the ongoing practice of open burning of sugar cane despite
considerable public outcry.
One commenter (FHNP) indicated that a significant portion of the
visitor experience of Haleakala NP is the enjoyment of views from
within the park to places outside of the park. The commenter stated
that it is the nature of human perception to be acutely aware of
changes in scenery that are not ``natural'' even when the events are
short lived or spatially limited. The commenter believes that such
events, particularly agricultural burning in the cane fields, may not
be adequately captured by EPA's analysis and methodology. According to
the commenter, these agricultural burning events have a significant
negative impact on the view from Haleakala NP toward the West Maui
Mountains and other surrounding areas. The commenter added that it is
intuitively obvious that burning such large quantities of vegetation in
close proximity to a Class I area will have some impact on the viewing
quality in and from that Class I area, even though the analysis showed
no direct correlation.
Another commenter (Maui Tomorrow) stated that cane field burning
produces billowing clouds laden with toxins and fine particulates,
which can blot out the sky and the natural vistas, and cause or
contribute to a range of severe respiratory and cardiovascular illness.
While recognizing that the major contributor to visibility impairment
in Haleakala NP is volcanic emissions, the commenter quoted the NPS as
saying ``sugar cane processing facilities and field burning * * * can
affect air quality and visibility'' in Haleakala NP. The commenter
noted that Hawaii has ``no smoke management plan as such'' (citing 77
FR 31715, May 29, 2012) and contended that cane field burning is among
the largest anthropogenic sources of nitrogen dioxide, SO2,
VOC and PM pollution on Maui, concluding that it makes little sense to
rule out practical and achievable limitations on emissions from
stopping the burning of cane fields. The commenter added that the fact
that SO2 is the dominant visibility-impairing pollutant in
Hawaii's two Class I areas does not mean that the agency should ignore
the contribution of other pollutants at one of them.
This commenter also stated that work published by a National
Oceanic and Atmospheric Administration (NOAA) researcher that EPA cites
in its TSD indicates that ``Haleakala NP has greater impacts'' from
smoke as compared to Hawaii Volcanoes NP (citing TSD quotations of M.
Pitchford). According to the commenter, that study notes that, based on
data from the Haleakala monitoring station, ``about half of worst-case
days are associated'' with factors other than volcanic emissions,
including smoke, and that recommendations for follow-on work include
examination of the smoke factor with respect to burning (e.g.,
agricultural) events. The commenter concluded by stating that EPA's
proposed determination to not restrict cane field burning on Maui under
the Regional Haze FIP is not reasonable and urging EPA to reconsider
its position in light of the available evidence.
Another commenter (HC&S) noted that agricultural burning in Hawaii
is regulated under a permit program, and widespread and persistent haze
conditions are used as a criterion for establishment of a ``no-burn''
period by the Hawaii DOH. According to the commenter, ``no-burn''
periods established by the DOH are most likely to occur on days when
volcanic smog from the volcano is present on the island, and therefore
the potential for visibility impacts at Haleakala NP from agricultural
burning should be lowest on the worst visibility days. The commenter
indicated that under its agricultural burning permit, HC&S operates an
extensive network of weather stations in and around the plantation that
provide real-time data both to burn managers and to a meteorological
consultant who prepares daily micro-forecasts of anticipated weather
conditions, expected smoke dispersion, and optimum times and locations
for burning. On occasions when existing air quality or expected smoke
dispersion have been judged to be unsuitable for burning, HC&S has
elected not to burn even when a ``no-burn'' period has not been
established by the Hawaii DOH.
This commenter added that agricultural burning at HC&S is conducted
in a manner largely consistent with the Tier 2 Smoke Management Program
(SMP) recommended by the U.S. Department of Agriculture's Agricultural
Air Quality Task Force (AAQTF) in its Air Quality Policy on
Agricultural Burning. According to the commenter, the AAQTF policy
allows the use of fire as an accepted management practice, consistent
with good science, to maintain agricultural production while protecting
public health and welfare by mitigating the impacts of air pollution
emissions on air quality and visibility, and the Tier 2 SMP is designed
for areas where agricultural burning contributes to particulate matter
NAAQS violations or visibility impairment in Class I Federal areas--
neither of which is the case on Maui. On this basis, the commenter
disagreed with the statement
[[Page 61495]]
in the proposal that ``there is no smoke management plan as such'' in
Hawaii.
The commenter also pointed out that the proposal indicated that by
far the biggest contributor to visibility impairment in Hawaiian Class
I areas is SO2 emissions from the Kilauea Volcano, with
emissions of NOX and coarse mass as secondary concerns, each
contributing less than 10 percent of visibility impairment at Haleakala
NP. According to the commenter, agricultural burning accounts for only
about 3 to 4 percent of anthropogenic NOX emissions on Maui,
so the overall visibility impact of NOX emissions from
sugarcane burning is clearly negligible. The commenter noted that
coarse mass emissions may result in part from agricultural burning but
also arise from construction sites, roads, and other fugitive dust
sources. Due to what the commenter termed the uncertainty with regard
to contributions from various sources of coarse mass and the secondary
importance of this pollutant with respect to visibility impairment at
Haleakala NP, the commenter concurred with EPA's conclusion that it is
not reasonable to recommend emission control measures for coarse mass
at this time.
Noting that it has been postulated that elemental and organic
carbon levels measured at the HALE site may be indicative of visibility
impacts from agricultural burning, the same commenter asserted that the
DOH's Haleakala National Park Visibility Assessment did not identify a
significant correlation between measurements at this site and sugarcane
burns, and suggested that this site may be impacted by small nearby
emission sources rather than, or in addition to, agricultural burning.
The commenter also stated that while organic carbon may also originate
in part from agricultural burning, recent monitoring at HACR site has
shown low contributions to visibility impairment from both organic and
elemental carbon, and even at the HALE site (outside of the park) the
contribution of elemental and organic carbon sources to visibility
impairment is relatively low (and only a portion of this contribution
is attributable to agricultural burning). On this basis, the commenter
concluded that efforts to reduce visibility impacts of organic carbon
from agricultural burning would appear to be unwarranted.
Two of the commenters (Earthjustice, Parsons) suggested that EPA
install additional air quality monitors to assess the impacts from
sugar cane burning. See section II.A.11. of this document for more on
this topic.
Response 1: While not directly relevant to this rulemaking, EPA
agrees that exposure to emissions from agricultural burning can pose
health concerns. We note, however, that the PM2.5 monitor in
Kihei, typically downwind from the burning, has never recorded an
exceedance of the health-based NAAQS. In addition, Hawaii DOH has
promulgated a series of rules regulating agricultural burning, several
of which have been approved into the Hawaii SIP.\49\ EPA recently
determined that the Hawaii SIP ``include[s] enforceable emission
limitations and other control measures, means, or techniques * * * as
may be necessary or appropriate to meet the applicable requirements of
[the CAA]'' with respect to the 1997 and 2006 p.m.2.5 NAAQS,
as well as the 1997 ozone NAAQS.\50\ EPA will continue to work with
Hawaii DOH to ensure that the state's agricultural burning rules and
permit program meet all applicable CAA requirements.
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\49\ See 40 CFR 52.620(c).
\50\ See 77 FR 47530, August 9, 2012.
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With respect to the visibility impacts of agricultural burning, we
reaffirm that there is no evidence that smoke from the burns is causing
visibility impairment in the park. If smoke from the burns were
transporting up to the park, the HACR monitor (inside the park, close
to the park entrance) would measure significant levels of black carbon
along with significant levels of organic compounds when the sugar cane
fields were burning. But there are no significant levels of organic
compounds and black carbon at the HACR IMPROVE monitor in the park on
those days when burning took place. There were significant levels of
these pollutants measured at HALE (outside the park and down the
mountain, closer to the isthmus where the cane is grown) on particular
days, but those pollutants were not found in significant levels at HACR
for those same days.\51\ It is unclear what caused the high readings at
HALE, but, given that the HACR monitor did not register similarly high
readings, it is clear that the emissions causing the high readings did
not reach the park from the direction of the HALE monitor, which is
northwest of Haleakala. Without clear evidence that agricultural
burning is impacting the Class I area, EPA does not consider it
reasonable to impose additional controls as part of the Regional Haze
plan.
---------------------------------------------------------------------------
\51\ TSD pp 17-20.
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Regarding Maui Now's reference to the comments by Marc Pitchford,
we note that Dr. Pitchford found that Haleakala NP has comparatively
more impact from all non-volcano factors, including smoke, than Hawaii
Volcanoes NP.\52\ Because Haleakala NP has a comparatively smaller
impact from the volcano, the impact from the other factors (as a
percentage) is larger. Dr. Pitchford recommends further examination of
the smoke factor in addition to his recommendation of further
examination of the attribution of dust, coarse mass, and the
``nitrate'' and ``sulfate/nitrate'' factors. EPA agrees that further
examination of each of these factors will be useful for the development
of the next plan. Dr. Pitchford's work was based on the Haleakala
National Park (HALE) IMPROVE site. EPA believes that future work should
be based on the more representative Haleakala Crater (HACR) IMPROVE
site, and the focus of the work should be on the factors which
contribute most to the impairment of visibility at that site.
---------------------------------------------------------------------------
\52\ TSD at 34.
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The regional haze plan is designed to improve visibility within the
park itself. Smoke outside of the park would certainly impact the views
from the park, but, as explained below, views outside of the park are
not covered under the regional haze program.
While not relevant to this rulemaking, EPA agrees with the
commenters that additional monitoring of smoke impacts and evaluating
its impact on the public would be helpful. We are working with Hawaii
DOH to identify funding to install a new PM2.5 monitor on
Maui that will be located on the isthmus between the mountains on Maui
where the cane is grown and where many people live.
Comment 2: TSD Sections II.A and II.B and the contribution of
agricultural burning to visibility impairment.
One commenter (Maui Tomorrow) noted that the preamble to the
proposed FIP cites sections II.A, II.B, and III.B of the TSD in support
of EPA's assertion that there is ``no evidence of agricultural burning
contributing to haze at Class I areas'' (citing 77 FR 31715, footnote
75, May 29, 2012). The commenter stated that section II.B is germane
only to Hawaii Volcanoes NP, not to Haleakala NP. The commenter also
contended that section II.A appears to establish the opposite result
from that which EPA asserted in its proposed determination, namely
that, at least in Maui, the contribution of organic carbon and
elemental carbon pollution to visibility impairment is significant.
According to the commenter, sugar cane burning in Maui is a principal
contributor of these pollutants.
According to the commenter, readings from the HALE monitor, from
which
[[Page 61496]]
baseline year emissions for the 2001-2004 period were obtained, imply
that 10 percent of visibility degradation derives from organic carbon
pollution and 5 percent from elemental carbon (citing TSD pp. 12-13).
While conceding that for recent years the HACR monitor has reported
lower levels of organic and elemental Carbon readings than at the HALE
monitor, the commenter asserted that even if the organic and elemental
Carbon pollution contribution from agricultural burning and other
sources to visibility degradation at Haleakala NP were half of that
indicated from the HALE monitor readings (7.5 percent of visibility
impairment rather than 15 percent) this would still be significant. The
commenter added that EPA has provided no reason for deeming such an
organic and elemental carbon contribution to regional haze over
Haleakala NP to be of no concern whatever. According to the commenter,
EPA indicated that recent monitoring at the HACR monitor shows a ``low
contribution to visibility impairment from organic and elemental
carbon'' (citing TSD p. 55), but fails to define what EPA means by
``low contribution.''
Response 2: EPA finds a lack of correlation between smoke measured
at HALE and agricultural burning days. The measured levels of smoke-
related compounds within the park (as monitored at HACR) indicate that
there is no significant impact from smoke.\53\ For example, the
measured level of organic carbon is below 1 [micro]g/m3, and
the measured elemental carbon is below 0.2 [micro]g/m3 for
each day of 2009 and 2010.\54\ The contribution to light extinction
from organic carbon is below 2.7 Mm-1,\55\ and the contribution to
light extinction from elemental carbon is light extinction is below 1.4
Mm-1. For the same time period, the light extinction from all compounds
ranges from 20 to 70 Mm-1 on the 20 percent worst days.
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\53\ TSD pp. 73-74.
\54\ TSD pp. 17-20.
\55\ Inverse megameter (Mm-1) is a measurement of light
extinction; the amount of light lost as it travels over one million
meters. This unit is most useful for relating visibility directly to
particle concentrations in the air.
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Comment 3: Monitoring for agricultural burning.
A number of commenters (Earthjustice, NPS, Parsons) provided
comments related to air quality monitoring for pollutants released by
agricultural burning on Maui.
One commenter (Parsons) noted that there is only one monitoring
station on Maui, located in North Kihei, and that it tests for only
PM2.5 and not for NOX or SO2. The
commenter believes that the overall air quality of Maui may be better
addressed by installation of additional air quality monitoring devices
to more accurately assess the harmful materials being emitted from cane
burning and other sources.
One commenter (NPS) noted that there was considerable comment at
the July 31, 2012 public hearing on the impact of cane burning on
public health on Maui and visibility at Haleakala NP. The commenter
stated that while there are days in the IMPROVE record at HALE with
elevated organic and elemental carbon suggestive of biomass burning,
the monitor location is not well suited for evaluating smoke impacts
from cane burning. Accordingly, the commenter recommended that if EPA's
objective is to characterize smoke incidence and potential health
impacts from smoke, then a PM monitor sited closer to populated areas
would be more useful than the HALE monitor.
Another commenter (Earthjustice) stated that EPA must provide the
necessary monitors, particularly for PM2.5, so that it can
conduct deeper analysis and better informed determinations related to
emissions from agricultural burning going forward. According to the
commenter, EPA recognizes that the HALE monitoring site located outside
of the Haleakala NP has higher levels of organic and elemental carbon
than the HACR monitoring site located at higher elevation, which
generally confirms the effects of agricultural burning (citing 77 FR
31716, May 29, 2012). Yet, the commenter believes neither location is
suited for monitoring the impacts on the vistas from the park and this
lack of data impedes reasonable progress on the impacts of agricultural
burning on visibility and public health. The commenter asserted that
EPA must develop a monitoring strategy as required by 40 CFR
51.308(d)(4) to address this deficiency.
Response 3: EPA agrees that additional monitoring for particulate
matter on Maui would be helpful and is working with DOH to identify the
resources needed to place a new PM2.5 monitor on the island
to be in a populated area on the isthmus near sugar cane fields.
EPA disagrees with the commenter and finds that HACR is sufficient
for monitoring visibility within the park. EPA has reviewed the
monitoring data and the Hawaii DOH analysis of data collected at the
HALE and HACR monitoring sites.\56\ Based on this review, EPA has found
the HACR IMPROVE monitoring site to be representative of visibility
conditions within the Haleakala NP.
---------------------------------------------------------------------------
\56\ TSD p. 69-72.
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Comment 4: Other issues related to agricultural burning on Maui.
One commenter (Parsons) asserted that open field burning of sugar
cane amounts to an issue of environmental justice. According to the
commenter, the health and welfare of the community are deemed
secondary, and are subjugated to claims of the plantation's economic
viability if forced to harvest without burning.
One commenter stated that cane burning hurts Maui's economy and
health. Another commenter asserted that emissions from cane burning (as
well as HC&S smokestacks and fugitive dust from the sugarcane fields)
threaten public health, visibility and enjoyment of Haleakala NP, and
the health of the ocean environment and coral reefs.
Response 4: We appreciate the commenters' concerns regarding the
negative health impacts of emissions from cane burning. We agree that
the same pollutants that contribute to visibility impairment can also
harm public health. However, for purposes of this action, we are not
authorized to consider these health impacts, and we have not done so.
However, as noted above, EPA is working with Hawaii DOH to identify the
resources needed to place a new PM2.5 monitor on the Island
of Maui to be sited in a populated area of the isthmus near sugar cane
fields.
Regarding environmental justice, as explained in our proposal,
Executive Order 12898,\57\ establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Our responsibilities under the Executive Order must be
exercised in the context of our statutory authority under the CAA,
which, in this case, is limited to addressing visibility impairment in
Class I areas. Without evidence that agricultural burning is impacting
visibility in Haleakala, it is not reasonable for us impose
restrictions on agricultural burning as part of this rulemaking.
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\57\ 59 FR 7629, February 16, 1994.
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[[Page 61497]]
12. Integral Vista Issue and Reasonably Attributable Visibility
Impairment (RAVI)
Comment: One commenter requested contact information and supporting
documents for the FLM finding of no integral vista in Hawaii under
RAVI. The commenter assumed that the lack of finding of integral vista
is the result of a lack of appropriate or timely responsiveness by the
FLM.
The commenter stated that most Maui residents and visitors to
Haleakala NP consider the panorama from within Haleakala NP to areas
outside of Haleakala NP (the view of the peaks of Mauna Kea and Mauna
Loa on the Big Island, the views of Maui's central valley, the views of
the West Maui Mountains, and the surrounding oceans) an integral vista
within the intent of the federal definition.
Response: Pursuant to EPA's regulations governing RAVI, the FLMs
had the opportunity to identify any integral vistas on or before
December 31, 1985. No such vista was identified for Haleakala NP. In
promulgating the RHR in 1999, EPA declined to extend the integral vista
concept to the regional haze program because:
* * * regional haze is caused by a multitude of sources across a
broad geographic area, and it can create a uniform haze in all
directions. The regional haze program is designed to bring about
improvements in regional visibility for the range of possible views
of sky and terrain found in any Class I area. Accordingly, the
program does not protect only specific views from a Class I area. To
address haze, regional strategies will be needed, and emissions
resulting from these strategies are expected to improve visibility
across a broad region, not just within a Class I area. Thus,
although the regional haze program does not include a specific
provision regarding integral vistas, the long-term strategies
developed to meet reasonable progress goals would also serve to
improve scenic vistas viewed from and within Class I areas.\58\
---------------------------------------------------------------------------
\58\ 64 FR 35734 (July 1, 1999).
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13. Comments on the Monitoring Strategy
Comment 1: HALE and HACR.
One commenter (NPS) agreed with EPA's proposal to use the IMPROVE
monitor at the Haleakala Crater (HACR) for future regional haze
planning efforts because it more representative of the park's air
quality and visibility than the HALE monitor, which is located at much
lower elevation than much of the park area. The commenter has evaluated
the IMPROVE data for both monitors for the period 2007 through 2010 and
found the following: (a) sulfate concentrations are elevated on the
same days at the two monitors, indicating that volcanic emissions from
the Kilauea Volcano are impacting both monitors concurrently, although
the concentrations are lower at the higher elevation (HACR) site; (b)
in general, concentrations of nitrate, organic carbon, elemental
carbon, and seasalt are lower at the higher elevation site; and (c)
concentrations of soil and coarse matter at times are higher at the
higher elevation site, suggesting possible international transport. The
commenter is consulting with the IMPROVE network representatives to
assure a representative data record for the regional haze process.
Another commenter (HC&S) also concurred with the conclusion that
the HACR site is more representative of visibility conditions within
the park and supported the proposal to base future regional haze
planning efforts on data collected at the HACR site. This commenter
stated that it was recognized as far back as 2005 that the HALE site
was not appropriate for monitoring visibility at Haleakala NP since it
is located well outside the park, is at a much lower elevation than a
majority of the area of the park, and is impacted by emissions sources
which are less likely to cause visibility impacts within the park.
However, a third commenter (Maui Tomorrow) stated that EPA's
conclusion that the HACR monitoring data are more representative of
visibility conditions within the Haleakala NP (citing TSD p. 74) is
based on a misreading of studies from the Hawaii DOH. According to the
commenter, the relevant Hawaii DOH study concludes only that, ``The
available data indicates that HACR IMPROVE monitoring data could be
more representative of visibility conditions within the Haleakala
National Park.'' \59\ The commenter indicated that the DOH also noted
that, for one cane field burn undertaken by HC&S in 2007, the HACR
monitor registered higher organic and elemental carbon increases than
were recorded at the HALE monitor, and that the Department postulated
that this and one other set of readings--showing higher impacts from
agricultural and other burning inside Haleakala than outside the park--
were ``not representative'' of HACR readings. Despite this, the
commenter concludes that EPA's assertion that the higher readings from
HALE are less representative than those at HACR do not reflect the
careful views of the Hawaii DOH.
---------------------------------------------------------------------------
\59\ Citing Comparison of Haleakala NP HALE1 and HACR1 IMPROVE
Monitoring Site 2007-2008 Data Sets, March 30, 2012, State of
Hawaii, Department of Health, Clean Air Branch, p. 14. Document No.
EPA-R09-OAR-2012-0345-0005-C2f.
---------------------------------------------------------------------------
Response 1: EPA appreciates NPS's evaluation of the IMPROVE data
for both the HALE and HACR monitors for the period 2007 through 2010,
and agrees with their recommendation to use Haleakala Crater (HACR) for
future regional haze planning efforts. EPA agrees (with Maui Tomorrow)
that EPA's summary of DOH's study findings does not fully capture the
depth of this careful analysis. Nevertheless, EPA believes that the
Hawaii DOH's study's conclusion that ``[t]he available data indicates
that HACR IMPROVE monitoring data could be more representative of
visibility conditions within the Haleakala National Park'' is
consistent with EPA's support for the use of the IMPROVE monitor at the
Haleakala Crater (HACR) for future regional haze planning efforts
because it more representative of the park's air quality and visibility
than the HALE monitor.
Comment 2: Use image-based monitoring.
One commenter (FHNP) recommended that EPA use image-based
techniques for monitoring, such as described by Graves and Neuman,
Using Visibility Cameras to Estimate Atmospheric Light Extinction, IEEE
Workshop on Applications of Computer Vision, 2011. According to the
commenter, the University of Hawaii Institute for Astronomy already has
several cameras, including one that is located near the summit and
directed into Haleakala NP, and the Institute and the Mees Observatory
take regular measurements of the atmospheric conditions at the summit
of Haleakala. The commenter believes that these resources should be
used to monitor progress toward the goal of reducing haze in Haleakala
NP.
Response 2: EPA appreciates the thought that went into this
comment. This is an interesting approach and the webcam pictures may be
useful as supplemental information to understanding the visibility at
Haleakala; we would encourage its use in the development of the next
plan. However, we caution that this is a poor metric to use for
tracking trends towards natural conditions. Visibility derived from
photographs is complicated by the varied shading of the scene from
clouds, which can cause high uncertainties. In addition, the relative
humidity is not corrected for nor measured. Changing relative humidity
will cause large changes in light extinction/visibility, further adding
to the uncertainty in the visibility measurement and interpretation.
[[Page 61498]]
14. Other Comments
Comment 1: Broaden EPA's evaluation.
One commenter (Parsons) expressed understanding that the Regional
Haze FIP for Hawaii considers only some of the overall factors and
parameters of emissions into Maui's atmosphere. Nevertheless, the
commenter urged EPA to broaden its determination of relevant impacts to
Maui's air quality and regional haze to include the other common-sense
environmental factors mentioned in his comments: (a) emissions from
MECO's Kahului and Maalaea generating facilities, (b) emissions from
HC&S's Puunene Mill, (c) HC&S's open field burning, and (d) fugitive
dust.
Response 1: We appreciate the commenter's concerns about air
quality generally. However, our authority in promulgating this FIP is
limited by the provisions of the CAA and the RHR. Specifically, with
regard to reasonable progress, we considered the following factors
established in section 169A of the CAA and in EPA's RHR at 40 CFR
51.308(d)(1)(i)(A) and (B): (a) The costs of compliance; (b) the time
necessary for compliance; (c) the energy and non-air quality
environmental impacts of compliance; (d) the remaining useful life of
any potentially affected sources, and (e) uniform rate of improvement
in visibility and the emission reduction measures needed to achieve it.
Based on our analysis of these factors, we determined that, for the
sources named by the commenter, no additional controls were reasonable
at this time.
Comment 2: Government control.
One commenter argued that volcanic emissions are the cause of
visibility impairment in Hawaii, but EPA will use it as a vehicle to
put sanctions on carbon dioxide, smoke from sugarcane harvesting, and
methane emitted by cattle at Haleakala Ranch even though these
substances are emitted naturally from breathing, burning, and bovine
flatulence. The commenter objected to the imposition of additional
government control. The commenter stated that Hawaiians should tell EPA
to take its ``unattainable goals back to Washington and spare the
Taxpayer expense.''
Response 2: This rulemaking is required to meet requirements
established in the CAA amendments of 1990 to move toward eliminating
anthropogenic visibility impairment at Class I areas. It is not related
to climate change. EPA is not proposing any controls on breathing,
burning, or bovine flatulence as part of this rulemaking.
Comment 3: Public hearing process.
One commenter asked that EPA provide details regarding the notice
requirements for the public hearings. The commenter believes that the
public hearing was held too soon to give the public a proper
opportunity to review the plan and the technical support documents. The
commenter requested that EPA confirm that it had complied with the
notice requirements.
Response 3: In promulgating a FIP under CAA section 110(c), EPA is
required to: ``give interested persons an opportunity for the oral
presentation of data, views, or arguments, in addition to an
opportunity to make written submissions; keep a transcript of any oral
presentation; and keep the record of such proceeding open for thirty
days after completion of the proceeding to provide an opportunity for
submission of rebuttal and supplementary information.'' \60\ In this
case, EPA held two public hearings on its proposed FIP, one on Maui on
May 31, 2012 and one on the Big Island on June 1, 2012. These hearings
were announced in the Federal Register on May 11, 2012,\61\ and a pre-
publication version of the NPRM was posted on EPA's Web site on May 16,
2012. The proposal was published in the Federal Register on May 29,
2012,\62\ and public comments were accepted through July 2, 2012.
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\60\ See CAA section 307(d).
\61\ 77 FR 27671.
\62\ 77 FR 31692.
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B. Comments From the Public Hearings
EPA received written and oral comments on the proposal at the
public hearings. Representatives of the following organizations
provided oral or written comments: Maui Tomorrow Foundation (Maui
Tomorrow), Alexander and Baldwin, parent company of Hawaii Commercial
and Sugar (HC&S), the Ko Hawaii Pae Aina people, and Syntex Global
(Syntex). Nineteen private citizens also provided oral or written
comments at the public hearings. A summary of the major comments and
EPA's responses are provided below.
Comment 1: Visibility impacts of cane burning.
The majority of the commenters at the hearing on Maui expressed
concern that the proposed FIP does not require an end to the practice
of agricultural burning in the sugar cane fields. These commenters
generally indicated that they have witnessed thick smoke from cane
burning that clearly impairs visibility, disrupting the scenic vistas
on the island. For example, one commenter stated that during periods of
cane burning, he cannot see Kihei from Haleakala NP or see the park
from Kihei, and another similarly asserted that cane burning obscures
the view from the top of Haleakala, especially over the valley. One
commenter indicated that as many as three fires are lit in the morning,
creating smoke plumes that fill the sky, and added that after the
plumes of smoke dissipate, a brown film hangs in the air just under the
inversion layer of the mountains. Seven of the commenters specifically
objected to the proposed determination that no further controls on
agricultural burning are reasonable at this time. One of these
requested that EPA explore pollution controls to mitigate the impact of
organic carbon from agricultural burning on visibility at Haleakala NP.
One of the commenters noted that EPA's analysis acknowledges that
agricultural fire emissions occur over roughly 30,000 acres of cane
fields, and added that this is among the largest anthropogenic sources
of SO2, VOCs and PM on Maui. (Another commenter indicated
that the correct figure for cane fields in production is 35,000 acres.)
This commenter alleged that the NPS has stated that sugar cane
processing and field burning can affect air quality and visibility in
Haleakala NP. The commenter also said that work published by NOAA
researchers indicates that Haleakala NP has greater impacts from smoke
as compared to Hawaii Volcanoes NP, and that about half of worst-case
days are associated with factors other than volcanic emissions,
including smoke.
Another commenter, citing a study by University of Hawaii
meteorology Professor Andrews Daniels, stated that an average cane
burning event releases approximately 200 to 600 tons of PM as compared
to the estimated 700 tons of PM emitted each day in the Los Angeles
basin. This commenter believes that PM should be considered in EPA's
evaluation.
Response 1: EPA understands the concern of the commenters about the
local visibility impacts of agricultural burning. However, as detailed
in the responses above (II.A.11), the Regional Haze Rule is designed to
protect visibility inside the National Park. EPA has no evidence that
agricultural burning is impacting visibility inside the park;
therefore, we do not consider it appropriate to restrict agricultural
burning as part of this rulemaking.
Comment 2: Health effects of cane burning.
Many of the commenters at the Maui hearing expressed concern over
the health effects that they believe result from PM and toxic
pollutants released by cane burning on the island. Several
[[Page 61499]]
of these commenters noted that the plastic irrigation pipes are burned
along with the cane waste, adding to the toxic content of the smoke. A
number of commenters indicated that the same pollutants that cause haze
also have health effects, and that health and visibility effects are
not separable.
Some of these commenters recounted personal experiences with
breathing problems or respiratory illness that they believe are
attributable to smoke from cane burning. Other commenters expressed
concern over the exposure that children are experiencing or the high
incidence of asthma on the island. One commenter expressed dismay the
sugar company is allowed to conduct cane burning simply to save money
at, the commenter believes, the expense of public health.
Another commenter noted that cane burning was stopped in Florida
because of its negative health effects. One commenter recommended that
agricultural burning on Maui be suspended immediately so that its
health and environmental impact can be studied. The commenter suggested
that the burden should be placed on the growers to prove that the
practice is not hurting the environment.
Response 2: As noted above, EPA agrees that exposure to emissions
from agricultural burning can pose health concerns. We note however,
that the PM2.5 monitor in Kihei, typically downwind from the
burning, has never recorded an exceedance of the health-based NAAQS. In
addition, Hawaii DOH has promulgated a series of rules regulating
agricultural burning, several of which have been approved into the
Hawaii SIP.\63\ EPA recently determined that the Hawaii SIP
``include[s] enforceable emission limitations and other control
measures, means, or techniques * * * as may be necessary or appropriate
to meet the applicable requirements of [the CAA]'' with respect to the
1997 and 2006 PM2.5 NAAQS, as well as the 1997 ozone
NAAQS.\64\ EPA will continue to work with Hawaii DOH to ensure that the
state's agricultural burning rules and permit program meet all
applicable CAA requirements.
---------------------------------------------------------------------------
\63\ See 40 CFR Sec. 52.620(c).
\64\ See 77 FR 47530.
---------------------------------------------------------------------------
With respect to the visibility impacts of cane burning, there is no
evidence that smoke from the burns is causing visibility impairment in
the park. Without clear evidence that agricultural burning is impacting
the Class I area, EPA does not consider it reasonable to impose
additional controls as part of the Regional Haze plan.
Comment 3: Chemtrails.
Six commenters at the Maui hearing expressed the belief that a
``stratospheric aerosol geoengineering'' program that results in
``chemtrails'' that drift over Hawaii are responsible for some, or
much, of the visibility impairment that is occurring. In the most
extensive comments on this topic, one commenter stated that these
effects are scientifically observable. The commenter indicated that he
is able to observe the progress of these chemtrails through satellite
images. He also stated that measurements from rainwater collected on
the North Shore of Maui showed 30 to 200 parts per billion of aluminum
and lesser amounts of barium and strontium, which according to the
commenter are the chemical fingerprints of chemtrails. The commenter
suggested a program of aerial sampling of the clouds drifting over
Hawaii, and requested that EPA add aluminum, barium and strontium to
the materials that it routinely monitors.
Another commenter similarly recommended that EPA broaden the scope
of its analysis to include stratospheric aerosol spraying. The
commenter believes that the waters of South Maui are impacted by such
spraying, and that the spraying also causes health issues in people.
The commenter also asserted that the spraying has introduced chemicals
into the soils that are killing the plants in the area of Hana and
Kipahulu.
Response 3: The commenters provided no evidence that the visibility
impairment in the Class I areas are caused by sources that are not
captured using the IMPROVE monitors on Maui. EPA reaffirms our analysis
of the causes of haze addressed in the TSD.
EPA believes the current monitoring program is appropriate for
Regional Haze. The IMPROVE program is a cooperative measurement effort
governed by a steering committee composed of representatives from
Federal and regional-state organizations. The IMPROVE monitoring
program was established in 1985 to aid the creation of Federal and
State implementation plans for the protection of visibility in Class I
areas (156 national parks and wilderness areas) as stipulated in the
1977 amendments to the Clean Air Act.
The objectives of IMPROVE are:
(a) To establish current visibility and aerosol conditions in
mandatory class I areas;
(b) To identify chemical species and emission sources responsible
for existing man-made visibility impairment;
(c) To document long-term trends for assessing progress towards the
national visibility goal;
(d) And with the enactment of the Regional Haze Rule, to provided
regional haze monitoring representing all visibility-protected federal
class I areas where practical.
Aluminum and strontium are measured as part of the IMPROVE program.
The summary statistics for all data, including aluminum and strontium
measurements, at individual monitoring sites are available at the VIEWS
monitoring sites data statistics site http://views.cira.colostate.edu/web/Statistics/SiteStatistics.aspx.
Comment 4: Concerns about the BART ``exemptions'' and the 0.5 dv
screening level.
Six commenters objected to the plan's proposal to exempt six of the
eight BART-eligible sources from BART review,\65\ stating that EPA
should conduct full BART review of all BART-eligible sources until the
amount of improvement needed to meet the uniform rate of progress (1.38
dv) can be achieved through federally enforceable control measures. Two
of the commenters specifically asserted that the screening level of 0.5
dv used by EPA to determine which BART-eligible sources are subject to
BART review is too high and should be reduced. One of the commenters
stated that EPA has inappropriately used the highest allowable deciview
threshold in the proposed FIP.
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\65\ Six of the eight BART-eligible sources had a less than 0.5
deciview impact and so were exempted from BART. One of the remaining
facilities, Hu Honua Bioenergy is no longer permitted to burn fossil
fuels and is therefore also exempt from BART. This leaves one
facility in Hawaii as subject to BART, the Kaneolehua Hill facility.
See 77 FR 31704, 31705.
---------------------------------------------------------------------------
Without discussing the deciview screening level, another commenter
similarly objected to the plan's proposal to exempt six of the eight
identified BART eligible sources from further review under BART
requirements. One commenter simply expressed opposition to exemptions
and exceptions for some of Maui's major air polluters, and another
objected to the exemptions made by EPA.
Response 4: As EPA addressed in Section II.A.1 above, the plan is
not required to meet the URP. As we addressed in Section II.A.5, above,
we find that the 0.5 dv threshold is appropriate for determining which
sources should be subject to BART in Hawaii.
Comment 5: Control measures are insufficient.
Eight commenters stated that the proposed control measures are not
sufficient to ensure that reasonable progress is made during the first
[[Page 61500]]
planning period. The commenters believe that additional control
measures are necessary.
Response 5: EPA finds that the control measures are sufficient to
ensure reasonable progress. Our reasoning is explained further in
Sections II.A.7., II.A.8 and II.A.10. of this document.
Comment 6: Uniform rate of progress.
Six commenters objected to the proposal to determine that the
uniform rate of progress for the implementation plan to attain natural
conditions is not reasonable. The commenters asserted that this rate of
progress is reasonable and that the FIP should require additional
control measures as necessary to meet this rate of progress.
One commenter (HC&S) stated that the methodology used to determine
the proposed uniform rate of progress unnecessarily skews this value
high. The commenter noted that EPA chose to exclude emissions from
Kilauea Volcano when estimating natural visibility conditions while
including these emissions in the estimate of baseline visibility
conditions. As a result, the commenter asserted, the uniform rate of
progress includes reductions in visibility impairment from
anthropogenic sources that are sufficient to offset baseline emissions
caused by the volcano. The commenter recommended that EPA consider
adopting the methodology proposed by the Hawaii DOH to adjust the
baseline visibility impairment to account for the impacts of the
volcano as well as Asian dust. The commenter stated that if EPA were to
use this adjustment in the calculation of the uniform rate of progress,
the uniform rate of progress target for 2018 could essentially be
achieved through the emissions reductions projected to occur by 2018
under the proposed FIP.
Response 6: This comment was addressed in Section II.A.1, above.
Comment 7: Monitoring concerns.
Seven commenters stated that since the HALE monitor's data were
used for the baseline visibility assessment, that monitor must be kept
in place or replaced with new monitors at that location so that long-
term visibility data comparable to baseline may be captured. Another
commenter objected to plans to reduce the current ``measurements in
place.''
Five commenters contended that the Hawaii DOH and EPA are choosing
data from different monitors to conclude that organic carbon
agricultural burning does not contribute to visibility degradation
although, according to the commenters, Table 11 of the proposed FIP
clearly indicates that it does. (Four of the commenters also cited
Table III-1 of the TSD.) The commenters added that the Hawaii DOH and
EPA should not be moving and placing monitors selectively. The
commenters asserted that based upon the data, it is not acceptable to
find that there is no evidence of agricultural burning contributing to
haze.
One commenter stated that there is inadequate monitoring data
backing up the proposal. The commenter indicated that emissions from
cane burning, fugitive dust from agricultural operations, stack
emissions from companies burning high-sulfur coal or emissions from
bunker fuel are not monitored. The commenter believes that without such
monitoring, there are no hard data to support the proposal, and no data
on which to base public testimony.
One commenter stated that the surrogate approach of measuring
different substances in the air does not directly address visibility.
The commenter noted that a nephelometer can be used to measure
visibility directly, and that nephelometers operated at two different
frequencies can distinguish between smoke and water in the air.\66\ The
commenter concluded that the current monitoring instrumentation is
inadequate and recommended that EPA set up two nephelometers in Kihei.
The commenter believes that such a monitoring program would show that
during cane burning days one cannot see Kihei from Haleakala or
Haleakala from Kihei.
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\66\ Nephelometers directly measure light scattered by aerosols
and gases in a sampled air volume, and, therefore would not be
useful to estimate the visibility over a distance, such as Kihei
from Haleakala. Transmissometers directly measure the light
transmission properties of the atmosphere along a several kilometer
sight path.
---------------------------------------------------------------------------
Another commenter similarly indicated that if the monitor in its
current location is unable to measure what one can easily see, the
monitor is insufficient. The commenter believes that the monitor should
be moved, additional monitors should be added or the monitor should be
replaced by one that can collect better information. The commenter
stated that the monitor does not account for Kipahulu, the area of the
park at sea level in East Maui. The commenter indicated that HC&S has
increased production since 2004, concluding that the data presented is
not accurate. The commenter also stated that the 24-hour period of
measurement does not adequately represent the 1 to 3 hour burning time.
Response 7: Hawaii DOH, NPS and EPA are reviewing HALE and HACR
data to develop methodologies to establish a 2000-2004 baseline
estimate, which can be used to track continued progress at the site in
a manner consistent with RHR requirements. Therefore, it is not
necessary to continue operation of HALE to provide continuity with the
baseline. In addition, since HACR is more representative of conditions
in the park, and HALE is nearby, it is not a good use of resources to
continue operation of HALE. EPA is working with Hawaii DOH to move the
Federal funding currently used to support HALE to instead support the
operation of a new PM2.5 monitor to be sited in a populated
area of the isthmus near sugar cane fields.
EPA is not selectively using data to justify a particular policy
outcome. Data from both HALE and HACR were considered when determining
if there was any evidence that smoke from agricultural operations was
impacting visibility at Haleakala NP. This is explained in more detail
in our discussion on agricultural burning in Section II.A.11 of this
notice.
The tables in the proposal and the TSD referenced by the commenters
indicate possible smoke impacts at the HALE monitor. As we discussed
previously, there is no evidence that this smoke is from agricultural
burning. Nor is there any evidence that the smoke measured at HALE
(which is outside the park and at a significantly lower elevation) is
impacting the park itself,
EPA believes the current filter-based monitoring instrumentation,
based on the IMPROVE Program, is the appropriate approach to determine
the visibility levels at Hawaii's National Parks. The IMPROVE Program
is discussed in greater detail in the response to Comment 3:
Chemtrails, above. Visibility levels can be estimated from aerosol
monitoring filters. Understanding the characteristics of the aerosols
in a haze can also help identify the type of sources that contributed
to the haze. It is possible to statistically estimate what portion of
haze is caused by each aerosol type. This approach, known as an
extinction budget analysis, can narrow the list of possible sources
responsible for visibility impacts.\67\ Therefore, in addition to
establishing visibility levels, the filter-based monitoring approach,
which measures the characteristics of the aerosols in haze, can help
identify the type of sources that contributed to the haze.
---------------------------------------------------------------------------
\67\ See Section 2-15 of ``Visibility Monitoring Guidance'',
June 1999 Document No. EPA-R09-OAR-2012-0345-0003-B5.
---------------------------------------------------------------------------
The commenter recommends that EPA set up two nephelometers in
Kihei,
[[Page 61501]]
and such a monitoring program would show that on cane burning days one
cannot see Kihei from Haleakala or Haleakala from Kihei. However, the
regional haze plan is designed to improve visibility within the park
itself. Smoke outside of the park could certainly impact the views from
the park, but such views are not specifically protected under the
regional haze program.
Regarding the concerns that a 24-hour average does not adequately
capture the impacts from one to three-hour agricultural burns, the
length of the burn is just one factor determining the percentage
contribution to visibility impairment. A shorter burn, if it were
impacting the monitor, could show up as a high percentage of visibility
impairment if the source was heavily impacting the monitor for the
duration of the burn.
Comment 8: Emissions from sugar mill.
Three commenters are concerned about the combustion of coal on
Maui. One of the commenters asked EPA to consider that current permits
allow over 100,000 tons of coal to be fired at the Puunene Mill each
year. Another of the commenters submitted a photograph purportedly
showing dark smoke being emitted from the mill's smokestacks. One
commenter simply commented on the dense black smoke that comes from the
mill's smokestack.
One commenter stated that the Puunene Mill's most recent permit
application proposed increasing the amount of used motor oil combusted
from 1.5 to 2 million gallons. The commenter asked that EPA consider
the impacts that combustion of an additional 0.5 million gallons of
used motor oil might have on haze-causing pollutant.
Four commenters objected to EPA's analysis discussed in the section
titled ``Point Source SO2 Emissions on Maui'' in the TSD for
the proposal. These commenters asserted that the four-factor analysis
must be applied to all point sources on Maui, especially the Puunene
Mill.
Response 8: Section II.A.5 of this document includes a discussion
of why the Puunene Mill is not subject to BART. This section also
includes a discussion of the impacts of various fuels being burned at
the Mill in that determination. The additional motor oil would not
change the results of our analysis.
EPA selected sources for a full reasonable progress review based on
their total emissions of visibility-impairing pollutants and computer
modeling of the impact of the sources' emissions on visibility at the
Class I areas. The Puunene Mill is a much smaller source of visibility
impairing pollutants than the Kahului Power Plant (See TSD Table VII-
2.1). And, the BART modeling for the mill showed an impact that was
much lower than the 0.5 dv threshold. While we understand and share the
commenters' concerns about visible emissions from the plant, there is
no evidence that these emissions are contributing significantly to
visibility impairment in the park, therefore it was reasonable to omit
it from the reasonable progress analysis.
Comment 9: ``Reasonable to assume''.
Seven commenters disagreed with EPA statements in the TSD for the
proposal that it is reasonable to assume that visibility at Haleakala
on the best days is not getting worse and it is reasonable to assume
that the visibility on the worst days will improve. Two of the
commenters stated that in their experience in guiding tour groups
through the Haleakala NP, visibility is not improving but is getting
worse. Another commenter (Pearson) also asserted that the haze is not
getting better on Maui.
Response 9: EPA acknowledges the imprecise language in our TSD
cited by the commenters. The proposal should have said that with
emissions of visibility impairing pollutants being significantly
reduced during the first planning period, it is reasonable to assume
that anthropogenic visibility impairment will be reduced during the
first planning period.
Comment 10: Fugitive dust.
One commenter stated that fugitive dust contributes significantly
to the haze and poor air quality on Maui, yet large agricultural
operations are exempted from best management practices. The commenter
recommended that EPA consider this in the FIP. Another commenter also
stated that fugitive dust from agriculture contributes to poor
visibility in the park, and to health concerns.
Four other commenters requested that EPA review the possible
impacts of fugitive dust from agricultural operations, especially from
equipment operating on unpaved roads, on visibility in Haleakala NP.
The commenters noted that agricultural operations are not required to
mitigate dust emissions as is required of similar construction
operations.
Another commenter also expressed concern about how HC&S clears and
plows its fields. The commenter stated that this commonly creates huge
clouds of dust hundreds of feet in the air going across the Mokelele
Highway and past the harbor. The commenter asserted that the reefs are
devoid of fish and the coral is dying. The commenter questioned why
HC&S does not use water trucks to mitigate dust emissions and asked who
establishes rules for the amount of pollution that HC&S can emit.
Response 10: EPA shares the commenters concerns about impacts of
fugitive dust on Maui. As explained earlier in Section II.A.4 of this
document, coarse mass and soil do appear to be a relatively significant
contributor to visibility impairment at Haleakala NP (and Hawaii
Volcanoes NP to a lesser extent). However, the source of this pollutant
is not clear.
Comment 11: Modeling.
One commenter stated that EPA's model is inadequate because it does
not agree with his observation. The commenter noted that he has
observed that the visibility between Kihei and the park is diminished
when cane is being burned and concluded that if the model does not
match that observation, the model is wrong and should be discarded.
Another commenter indicated that she would challenge the models and
assumptions being used for the analysis.
One commenter representing the HC&S and its parent company,
Alexander & Baldwin, concurred that it is reasonable for EPA to use the
highest emitting day between 2003 and 2007 for BART modeling of
emissions from the Puunene Mill. However, the commenter pointed out
that the typical visibility impacts from the facility are lower, no
more than 20 percent of the selected threshold for BART review and
reasonable progress prioritization. On this basis, the commenter
supported the proposed determination that additional controls on the
mill are not warranted.
Response 11: The model is not intended to measure visibility
impairment at points outside the park; it is intended to estimate
visibility impairment as measured inside the park. As explained above,
the regional haze program does not specifically protect views outside
of the park.
EPA understands that typical emissions can be lower than the
maximum emissions used in the BART modeling. We affirm the
determination that the mill should not be subject to BART.
Comment 12: Federally enforceable measures.
One commenter stated that the Hawaii Clean Energy Initiative \68\
and
[[Page 61502]]
assumptions about reductions in emissions from automobiles are not
federally enforceable for purposes of the proposed FIP.
---------------------------------------------------------------------------
\68\ The Hawaii Clean Energy Initiative is a broad strategy by
the State of Hawaii and the U.S. Department of Energy to reduce
Hawaii's dependence on fossil fuels. The Hawaii Clean Energy Bill,
referenced elsewhere is a Hawaii statute that puts many of the goals
of the Initiative into law.
---------------------------------------------------------------------------
Response 12: We agree that the Hawaii Clean Energy Initiative is
not federally enforceable. Therefore, we did not rely upon emissions
reduction expected to result from the Initiative for purposes of
demonstrating reasonable progress.
With respect to reductions in emissions from automobiles, we note
that the RHR provides that states ``may not adopt a reasonable progress
goal that represents less visibility improvement than is expected to
result from implementation of other requirements of the CAA during the
applicable planning period.'' \69\ Therefore, in setting RPGs for
Hawaii, we took into consideration the anticipated net effect on
visibility due to projected changes in point, area, and mobile source
and shipping emissions expected to result from other CAA requirements,
including Federal mobile source regulations, over the period addressed
by the long-term strategy. Finally, we note that mobile source
regulations are federally enforceable against vehicle and engine
manufacturers, automobile dealers, fuel importers, and refineries.
---------------------------------------------------------------------------
\69\ 40 CFR 51.308(d)(1)(vi); see also, 40 CFR
51.308(d)(3)(v)(g).
---------------------------------------------------------------------------
Comment 13: NOX emissions.
Two commenters objected to EPA's conclusion that it is unreasonable
to require additional controls on NOX emissions. The
commenters indicated that the monitor data show that NOX is
a substantial contributing factor toward visibility impairment, and one
(Andrews) added that NOX is contributing 9 percent.
Response 13: EPA addressed this issue in some detail in Section
II.A.7 above.
Comment 14: SO2 controls.
One commenter objected to the proposal to determine that it is not
reasonable to require additional SO2 controls on Maui. The
commenter asserted that such controls on point sources are necessary on
Maui.
Response 14: EPA addressed this issue in some detail in Section
II.A.10 above.
Comment 15: Integral vista.
One commenter objected to the finding of no integral vista at
Haleakala NP. The commenter asserted that the panoramic view from
within the park to areas outside the park, including Volcanoes NP on
the Big Island and the view of central Maui and the surrounding oceans,
is an integral vista within the meaning of the Federal regulations. The
commenter added that his experience with guiding visitors at the
Haleakala NP illustrates the importance of the panoramic view from
within the park to areas outside to the overall visitors' experience at
the park.
Response 15: The question of the designation of Integral Vistas was
addressed in Section II.A.12, above.
Comment 16: HC&S generally concurs.
One commenter representing the HC&S and its parent company,
Alexander & Baldwin, stated that the company generally concurs with the
conclusions and recommendations of the proposal. The commenter
commended EPA and the Hawaii DOH for the thorough review and analysis
of available data.
Response 16: EPA appreciates the support.
Comment 17: Kanaka Maoli.
One commenter, stating that she represented the Kanaka Maoli
people, objected to the FIP based on the supposition of jurisdiction.
The commenter believes that it is unreasonable because it will afford a
great opportunity to increase the reach into sacred burial sites and
the sacred places of the Kanaka Maoli people. The commenter indicated
that the plan does not address this issue and does not give any respect
to the Kanaka Maoli people.
Response 17: As explained in our proposal, because we found in 2009
that Hawaii had failed to submit a Regional Haze SIP, as required under
the CAA, we are required to promulgate a FIP to fill this gap. This FIP
does not impose any new regulations directly on the Kanaka Maoli
people. As to any ``supposition of jurisdiction'', we note that there
is a ``presumption that Congress intends a general statute applying to
all persons to include Indians and their property interests.'' \70\ The
CAA is a general statute applying to all persons and the commenter has
not pointed to any specific right under a treaty or statute that is in
conflict with the CAA. Finally, we note that this is not the first FIP
to be promulgated for Hawaii.\71\
---------------------------------------------------------------------------
\70\ Phillips Petroleum Co. v. U.S. E.P.A. 803 F.2d 545, 556
(10th Cir. 1986) (citing Federal Power Commission v. Tuscarora
Indian Nation, 362 U.S. 99, 116-18 (1960).
\71\ See 40 CFR 52.632-633.
---------------------------------------------------------------------------
Comment 18: Aerial applications of fertilizer and pesticide.
One commenter indicated that, in addition to air contaminants from
cane burning, coal combustion and geoengineering, aerial applications
of fertilizer and pesticides contribute to the air quality problem. The
commenter noted that he has seen white deposits from this practice many
times and, within the last 8 months, aerial spraying by HC&S in Paia
drifted over a public beach with children. The commenter believes that
such things should be controlled and penalties should be imposed. The
commenter noted that tourism suffers over these issues.
Response 18: EPA shares the commenter's concerns about the possible
health impacts of agricultural operations. However, these issues are
not within the scope of this rulemaking.
Comment 19: Emission sources.
One commenter suggested that EPA evaluate four emissions sources
more fully: military actions, ship emissions, biofuel plants and
geothermal plants. The commenter provided a written copy of her
comments, which includes documentation for many of her points about
military actions and ship emissions from sources such as environmental
impact statements (EIS) and news reports.
The commenter stated that increased military actions are underway,
and more are planned for Pohakuloa as the United States shifts forces
to the Pacific. The commenter asserted that these activities will
generate dust from construction, vehicles and troop movements, erosion,
and possible fires that consume vegetation. The commenter believes that
air quality problems may not be detected because Pohakuloa has no air-
monitoring stations in the south and southwest, which is the most
likely place to detect any problems since the prevailing winds come
from the northeast. The commenter stated that when training was done at
Makua, fires consumed thousands of acres, and inadequate fire
prevention has been an ongoing problem with that training.
The commenter indicated that a second major action is the Stryker
armored vehicle training, which is already taking place. According to
the commenter, the EIS for this program indicates that there will be
significant disturbance to soils and vegetation due to intensified on-
and off-road maneuver training, leading to increased soil erosion that
cannot be mitigated to less than significant, and PM10 dust
emissions generated from wind erosion at the 23,000-acre Keamuku Parcel
were expected to be a significant impact. The commenter added that the
Strykers may cause fire risk.
Regarding ship emissions, the commenter is concerned that the
shipping industry is trying to delay the August 1 implementation date
of the North American Emission Control Area
[[Page 61503]]
(ECA) regulations, which would reduce emissions by requiring fuel of
less than 1 percent sulfur content when ships are 200 miles offshore.
The commenter also is concerned about ships running their engines while
in port instead of plugging into shore power, which is a less polluting
source. While the commenter does not know of any port in Hawaii that
offers such plug-in power, called Alternative Maritime Power, she
indicated that naval vessels and Baltic ferries have used it for years,
several North American ports are planning or already have it and some
cruise ships can plug in. The commenter added that another alternative
is an e-power barge that uses liquefied natural gas.
The commenter stated that some of the claims made by biofuels
plants regarding their air and water emissions seem unfounded. The
commenter added that emissions from all actions related to a biofuels
plant need to be evaluated, not just emissions generated by burning
biofuel: clearing land; transporting seed and fertilizer; planting,
cultivating and harvesting trees or whatever is to be burned;
transporting the biofuel to the plant; and preparing the fuel for
burning. The commenter further noted that after burning the fuel, there
is waste that must be disposed. The commenter stated that the Aina Koa
Pono plant may get revived, so there may be more impacts than just from
the Ho Honua plant.
The commenter indicated that geothermal technology is being pushed
heavily, but there is extensive documentation of possible leaks that
are not being detected. The commenter stated that nearby residents have
reported unusual odors; corrosion of roofs, gutters and catchment tanks
that has caused high levels of lead in drinking water; and health
problems. The commenter contended that there have been unplanned
releases, information pertaining to several of which are listed in her
written comments.
The commenter requested that EPA look into the emissions from the
Puna Geothermal Venture (PGV) plant. She noted that although the
facility claims there are no leaks, the facility must replace the
pentane used in the heat exchanger, and the commenter questioned why
that is necessary if there are no leaks. The commenter also stated that
PGV operates hydrogen sulfide monitors at the plant, but they are at a
height of 6 feet while hydrogen sulfide is heavier than air and travels
at ground level.
Response 19: EPA appreciates the comment about military activities.
We commented on the recent EIS for Pohakuloa and expressed concerns
about the need to mitigate the generation of fugitive dust. We will
continue to work with the Army to mitigate pollution from their
activities.
Regarding emissions reductions from the ECA, since these
requirements are part of an international treaty, neither the State of
Hawaii nor the EPA has the authority to delay implementation or grant
waivers from the requirements. In the unlikely event that the treaty
could be changed in the future to allow for higher emissions, the State
of Hawaii would have to indentify equivalent emissions reductions from
other sources in order to meet the requirements of this FIP.
EPA supports the implementation of shore power to reduce emissions
from vessels while in port. However, EPA does not believe that it is
necessary to require the use of shore power in order to show reasonable
progress for the regional haze program.
EPA understands the commenter's concern about emissions from
geothermal plants, but there is no evidence that these emissions are
contributing to visibility impairment. As a result, we affirm that
there will be no pollution control requirements on geothermal plants as
part of this action.
Regarding biomass plants, this issue was addressed in Section
II.A.5 regarding the Hu Honua and Tradewinds facilities. This
discussion included a description of how future facilities will be
addressed as part of the Regional Haze planning process. The concerns
about land clearing operations are noted and EPA recommends that they
be considered in the next plan as part of the analysis of the sources
of coarse mass and soil impacting Volcanoes NP.
Comment 20: Night emissions from Hilo power plants.
One commenter who lives in Wainaku stated that early nearly every
morning he has witnessed a blanket covering Hilo that dissipates when
the sun rises and warms the mountain. The commenter believes that this
blanket is composed of night emissions from the Hilo area power plants
or other industrial activities. The commenter has documented on film
these three power plants emitting black soot and smoke into the air.
The commenter wonders whether these emissions are the cause of the
morning blanket that he has witnessed, and whether these stack
emissions are being registered by the State or EPA.
The commenter suggested that these three power plants should be
retrofitted with monitors to track whether they are in compliance with
their permits. The commenter noted that the plants only have to perform
an emissions stack test once in a while. The commenter noted that most
of the pollution that is visible is happening at night when it does not
affect visibility in the parks. The commenter pointed out that the
three power plants are within 5 miles of a population of 40,000 which
is growing rapidly. The commenter indicated that for health-related
concerns, it would be helpful to know the 24-hour cycle of emissions
from the plants.
The commenter noted that the Ho Honua plant was excluded from EPA's
review because of its conversion to biofuels, but indicated that there
is a legal issue surrounding the claims made by the plant regarding its
emissions and how they are dispersed by the wind. The commenter stated
that the biofuel to be combusted at the Ho Honua plant is not
necessarily a clean biofuel. The commenter recommended that EPA monitor
emissions from the facility.
The commenter also noted that Wheelabrator has proposed a waste-to-
energy plant in Hilo. The commenter asked whether that would be a
factor in air quality in the park. Finally, the commenter suggested an
anti-idling rule such as the commenter believes has been passed in
California for county vehicles. The commenter noted that he frequently
sees trucks, bulldozers and pickup trucks idling by the side of the
road. The commenter believes that such a program would be easy to
implement, would save the taxpayers' money and would reduce emissions.
Response 20: The emission rate used in the analyses of the larger
power plants on the Big Island was calculated from fuel usage records
and chemical analyses of the fuels burned. This is a very reliable way
to calculate the emissions and does not require the use of smokestack
monitors. So, the lack of monitoring does not put the validity of the
analysis in question. The annual emissions cap set in this FIP will
similarly be demonstrated through fuel usage and chemical analysis
records. Addressing compliance with the limits of the permits for the
power plants on Hilo is not within the scope of this rulemaking. In
addition, the IMPROVE monitor in the park measures pollutants 24 hours
per day. So, any nighttime emissions would be captured and were
included in our analysis of the causes of haze at Hawaii's National
Parks. There is an air quality monitor in Hilo which operates on a
continuous basis and is intended to characterize air quality in Hilo.
EPA appreciates the comment regarding the biofuel and waste-to-
[[Page 61504]]
energy plants. The questions raised here were addressed in Section
II.A.5. above.
EPA is very supportive of strategies to reduce idling vehicles.
However, given the significant reductions from mobile sources in the
first planning period due to existing regulations, EPA affirms that we
are not requiring additional emissions reductions from this source
category as part of this rulemaking.
Comment 21: Lack of concern for public.
One commenter stated that he has experienced worsening pollution on
the Big Island over his lifetime, and no Federal, state or county
government agency has done anything to prevent it. The commenter
expressed concern that pollution is only an issue at this time as it
relates to visibility in the Hawaii Volcanoes NP, and asked whether EPA
is aware that people live on the island.
The commenter stated that EPA has indicated the HELCO would not
have problems complying with EPA requirements and questioned whether
this meeting is a show for the public. The commenter asked how the
emissions from HELCO facilities are calculated, whether on a yearly
basis without considering how many days or hours the plants were in
operation, or how much pollution enters the atmosphere in 1 hour of
operation.
The commenter stated that the electricity rate charged to consumers
by HELCO is based on the cost of foreign import oil, but any oil price
reductions are not passed on to consumers. The commenter asserted that
all HELCO costs are passed on to the consumers with the approval of the
Hawaii PUC with no input from the public. The commenter contended that
one primary objective of the PUC is to ensure that HELCO gains a
profit, and characterized this situation as a dictatorial condition
approved by the state legislature and PUC, and now endorsed by EPA. The
commenter does not support what he alleged are dictatorial procedures
presented by the state--Federal, state, PUC and HELCO.
The commenter added that the smoke that an earlier commenter has
seen at night is the result of a blow-back cleaning system that is used
to clean the filters for the turbine engines at the HELCO plant on
Railroad Avenue.
Response 21: EPA is very concerned about public health. EPA and the
State of Hawaii protect public health through implementation of the
NAAQS. In fact, EPA recently revised the NAAQS for SO2 to be
more stringent and more protective of public health. We are currently
evaluating whether Hawaii and other areas of the country are in
compliance with this new standard. In addition, EPA has been working
with Hawaii DOH on using real-time data from the extensive
SO2 monitoring network on the Big Island to monitor the
impacts of the volcano and to protect public health.
The methodology for calculating emissions was addressed in the
previous comment.
Comment 22: Xtreme Fuel Treatment.
One commenter representing Xtreme Fuel Treatment manufacturer,
Syntek Global, stated that the company's product reduces the burn rate
of fuel, so that fuel burns more efficiently and less fuel is burned.
The commenter contended that while the analysis looked just at power
plants, a lot of the problems come from emissions from cars. The
commenter suggested that EPA and the State of Hawaii conduct a test of
the company's product with a generator or state or county transport
system to see how emissions could be reduced.
Response 22: Given the extensive reductions in emissions from
mobile sources due to existing regulations, EPA affirms that we are not
requiring additional emissions reductions from this source category as
part of this rulemaking.
III. Summary of EPA Actions
EPA is finalizing a Regional Haze FIP for the State of Hawaii. The
FIP establishes an emissions cap of 3,550 tons of SO2 per
year from the fuel oil-fired boilers at the Hill, Shipman and Puna
power plants, beginning in 2018 (with a demonstration of compliance
required by the end of 2018). If HELCO chooses to meet the cap by
switching to cleaner fuel, then the EPA estimates that the costs will
be no more than approximately $7.9 million/year. This cap represents a
reduction of 1,400 tons per year of SO2 from the total
projected 2018 annual emissions from these facilities. We find that
this control measure, in conjunction with SO2 and
NOX emissions control requirements that are already in
place, will ensure that reasonable progress is made during this first
planning period toward the national goal of no anthropogenic visibility
impairment by 2064 at Hawaii's two Class I areas. We will work with the
Hawaii DOH in developing future regional haze plans to ensure continued
progress toward this goal.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review 13563
This action finalizes a FIP that will limit emissions of
SO2 from specific units at three sources in Hawaii. Since
this action only applies to three named sources, it is not a rule of
general applicability. This type of action is exempt from review under
Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Under the Paperwork Reduction Act, a ``collection of information'' is
defined as a requirement for ``answers to * * * identical reporting or
recordkeeping requirements imposed on ten or more persons. * * *'' 44
U.S.C. 3502(3)(A). Because the FIP applies to just three facilities,
the Paperwork Reduction Act does not apply. See 5 CFR 1320(c).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
The OMB control numbers for our regulations in 40 CFR are listed in 40
CFR Part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies
[[Page 61505]]
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The three
sources in question are electric generating plants that are owned by
the Hawaii Electric Light Company, Inc. (HELCO), which is an electric
utility subsidiary of HECO. Pursuant to 13 CFR 121.201, footnote 1, an
electric utility firm is small if, including its affiliates, it is
primarily engaged in the generation, transmission, and/or distribution
of electric energy for sale and its total electric output for the
preceding fiscal year did not exceed 4 million megawatt hours (MWH). In
the fiscal year ended December 31, 2011, HELCO generated or purchased a
total of 1,186.6 MWH.\72\ Therefore, it is not a small business.
---------------------------------------------------------------------------
\72\ Hawaiian Electric Industries, Inc. and Hawaiian Electric
Company, Inc., Form 10-K for the fiscal year ended December 31, 2011
``Generation Statistics'' available in the docket for this
rulemaking.
---------------------------------------------------------------------------
D. Unfunded Mandates Reform Act (UMRA)
The Hawaii Regional Haze FIP will limit emissions of SO2
from specific units at three sources in Hawaii. This rule does not
contain a Federal mandate that may result in expenditures that exceed
the inflation-adjusted UMRA threshold of $100 million by State, local,
or Tribal governments or the private sector in any 1 year. Thus, this
rule is not subject to the requirements of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
The Hawaii Regional Haze FIP does not have federalism implications.
This action will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132. In this action,
EPA is fulfilling its statutory duty under CAA Section 110(c) to
promulgate a Regional Haze FIP following its finding that Hawaii had
failed to submit a regional haze SIP. Thus, Executive Order 13132 does
not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
The Hawaii Regional Haze FIP will limit emissions of SO2
from specific units at three sources in Hawaii. This rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 as applying only to those regulatory
actions that concern health or safety risks, such that the analysis
required under section 5-501 of the EO has the potential to influence
the regulation. This action is not subject to EO 13045 because it
implements specific standards established by Congress in statutes.
However, to the extent this rule will limit emissions of
SO2, the rule will have a beneficial effect on children's
health by reducing air pollution.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical. EPA believes that VCS are inapplicable to this action.
Today's action does not require the public to perform activities
conducive to the use of VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
We have determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it increases the level of environmental
protection for all affected populations without having any
disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population. The Hawaii Regional Haze FIP will limit emissions of
SO2 from specific units at three sources in Hawaii.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this action is a rule of particular applicability. This rule
finalizes a FIP that applies to three specific sources.
[[Page 61506]]
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 10, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See CAA section 307(b)(2).)
Approval and Promulgation of Implementation Plans; State of Hawaii;
Regional Haze Federal Implementation Plan
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and record keeping requirements, Sulfur oxides.
Dated: September 14, 2012.
Lisa P. Jackson,
Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Amend Sec. 52.633 by adding paragraph (d) to read as follows:
Sec. 52.633 Visibility protection.
* * * * *
(d) Regional Haze Plan Provisions--(1) Applicability-- This
paragraph (d) applies to following electric generating units (EGUs) and
boilers: Kanoelehua Hill Generating Station, Hill 5 and Hill 6; Puna
Power Plant, Boiler 1; Shipman Power Plant, Boiler S-3 and Boiler S-4.
(2) Definitions. Terms not defined below shall have the meaning
given to them in the Clean Air Act or EPA's regulations implementing
the Clean Air Act. For purposes of this paragraph (d):
Owner/operator means any person who owns, leases, operates, controls,
or supervises an EGU or boiler identified in paragraph (d)(1) of this
section.
SO2 means sulfur dioxide.
Unit means any of the EGUs or boilers identified in paragraph (d)(1) of
this section.
(3) Emissions cap. The EGUs identified in paragraph (d)(1) of this
section shall not emit or cause to be emitted SO2 in excess
of a total of 3,550 tons per year, calculated as the sum of total
SO2 emissions for all five units over a rolling 12-month
period.
(4) Compliance date. Compliance with the emissions cap and other
requirements of this section is required at all times on and after
December 31, 2018.
(5) Monitoring, recordkeeping and reporting requirements.
(i) All records, including support information, required by
paragraph (d)(5) of this section shall be maintained for at least five
(5) years from the date of the measurement, test or report. These
records shall be in a permanent form suitable for inspection and made
available to EPA, the Hawaii Department of Health or their
representatives upon request.
(ii) The owners and operators of the EGUs identified in paragraph
(d)(1) of this section shall maintain records of fuel deliveries
identifying the delivery dates and the type and amount of fuel
received. The fuel to be fired in the boilers shall be sampled and
tested in accordance with the most current American Society for Testing
and Materials (ASTM) methods.
(iii) The owners and operators of the EGUs identified in paragraph
(d)(1) of this section shall analyze a representative sample of each
batch of fuel received for its sulfur content and heat value following
ASTM D4057. The samples shall be analyzed for the total sulfur content
of the fuel using ASTM D129, or alternatively D1266, D1552, D2622,
D4294, or D5453.
(iv) The owners and operators of the EGUs identified in paragraph
(d)(1) of this section shall calculate on a monthly basis the
SO2 emissions for each unit for the preceding month based on
the sulfur content, heat value and total gallons of fuel burned.
(v) The owners and operators of the EGUs identified in paragraph
(d)(1) of this section shall calculate on a monthly basis the total
emissions for all units for the preceding twelve (12) months.
(vi) The owners and operators of the EGUs identified in paragraph
(d)(1) of this section shall notify the Hawaii Department of Health and
EPA Region 9 of any exceedance of the emission cap in paragraph (d)(3)
of this section within thirty (30) days of such exceedance.
(vii) By March 1, 2019 and within sixty (60) days following the end
of each calendar year thereafter, the owners and operators of the EGUs
identified in paragraph (d)(1) of this section shall report to the
Hawaii Department of Health and EPA Region 9 the total tons of
SO2 emitted from all units for the preceding calendar year
by month and the corresponding rolling 12-month total emissions for all
units.
(viii) Any document (including reports) required to be submitted by
this rule shall be certified as being true, accurate, and complete by a
responsible official and shall be mailed to the following addresses:
Clean Air Branch, Environmental Management Division, State of Hawaii
Department of Health, P.O. Box 3378, Honolulu, HI 96801-3378 and
Director of Enforcement Division, U.S. EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
[FR Doc. 2012-23238 Filed 10-5-12; 8:45 am]
BILLING CODE 6560-50-P