[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Proposed Rules]
[Pages 36707-36713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16484]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0462; FRL-9965-68-Region 4]
Air Plan Approval; Kentucky; Regional Haze Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky through the Kentucky Energy and Environment
Cabinet, Division of Air Quality (KDAQ) on September 17, 2014.
Kentucky's September 17, 2014, SIP revision (Progress Report) addresses
requirements of the Clean Air Act (CAA or Act) and EPA's rules that
require each state to submit periodic reports describing progress
towards reasonable progress goals (RPGs) established for regional haze
and a determination of the adequacy of the state's existing SIP
addressing regional haze (regional haze plan). EPA is proposing to
approve Kentucky's determination that the Commonwealth's regional haze
plan is adequate to meet these RPGs for the first implementation period
covering through 2018 and requires no substantive revision at this
time.
DATE: Comments must be received on or before September 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0462 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031
and via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the RPGs for each
mandatory Class I federal area \1\ (Class I area) within the state and
for each Class I area outside the state which may be affected by
emissions from within the state. 40 CFR 51.308(g). In addition, the
provisions of 40 CFR 51.308(h) require states to submit, at the same
time as the 40 CFR 51.308(g) progress report, a determination of the
adequacy of the state's existing regional haze plan. The progress
report is due five years after submittal of the initial regional haze
plan. Kentucky submitted its regional haze plan on June 25, 2008, as
later amended in a SIP revision submitted on May 28, 2010.\2\
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\1\ Areas designated as mandatory Class I federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81 Subpart D.
\2\ Throughout this document, references to Kentucky's
``regional haze plan'' refer to Kentucky's original June 25, 2008,
regional haze SIP submittal, as later amended in a SIP revision
submitted on May 28, 2010.
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Like many other states subject to the Clean Air Interstate Rule
(CAIR), Kentucky relied on CAIR in its regional haze plan to meet
certain requirements of EPA's Regional Haze Rule, including best
available retrofit technology (BART) requirements for emissions of
sulfur dioxide (SO2) and nitrogen oxides (NOX)
from certain electric generating units (EGUs) in the Commonwealth.\3\
This reliance was consistent with EPA's regulations at the time that
Kentucky developed its regional haze plan. See 70 FR 39104 (July 6,
2005). However, in 2008, the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) remanded CAIR to
[[Page 36708]]
EPA without vacatur to preserve the environmental benefits provided by
CAIR. North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On
August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA
promulgated the Cross-State Air Pollution Rule (CSAPR) to replace CAIR
and issued Federal Implementation Plans (FIPs) to implement the rule in
CSAPR-subject states.\4\ Implementation of CSAPR was scheduled to begin
on January 1, 2012, when CSAPR would have superseded the CAIR program.
However, numerous parties filed petitions for review of CSAPR, and at
the end of 2011, the D.C. Circuit issued an order staying CSAPR pending
resolution of the petitions and directing EPA to continue to administer
CAIR. Order of December 30, 2011, in EME Homer City Generation, L.P. v.
EPA, D.C. Cir. No. 11-1302.
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\3\ CAIR required certain states, including Kentucky, to reduce
emissions of SO2 and NOX that significantly
contribute to downwind nonattainment of the 1997 National Ambient
Air Quality Standard (NAAQS) for fine particulate matter
(PM2.5) and ozone. See 70 FR 25162 (May 12, 2005).
\4\ CSAPR requires substantial reductions of SO2 and
NOX emissions from EGUs in 28 states in the Eastern
United States that significantly contribute to downwind
nonattainment of the 1997 PM2.5 and ozone NAAQS and 2006
PM2.5 NAAQS.
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On March 30, 2012, EPA finalized a limited approval of Kentucky's
regional haze plan as meeting some of the applicable regional haze
requirements as set forth in sections 169A and 169B of the CAA and in
40 CFR 51.300-308. Also in this March 30, 2012, action, EPA finalized a
limited disapproval of Kentucky's regional haze plan because of
deficiencies arising from the Commonwealth's reliance on CAIR to
satisfy certain regional haze requirements. See 77 FR 19098. On June 7,
2012, EPA promulgated FIPs to replace reliance on CAIR with reliance on
CSAPR to address deficiencies in CAIR-dependent regional haze plans of
several states, including Kentucky's regional haze plan. See 77 FR
33642. Following additional litigation and the lifting of the stay, EPA
began implementation of CSAPR on January 1, 2015.
On September 17, 2014, Kentucky submitted its Progress Report
which, among other things, detailed the progress made in the first
period toward implementation of the long term strategy outlined in the
Commonwealth's regional haze plan; the visibility improvement measured
at Mammoth Cave National Park (Mammoth Cave), the only Class I area
within Kentucky, and at Class I areas outside of the Commonwealth
potentially impacted by emissions from Kentucky; and a determination of
the adequacy of the Commonwealth's existing regional haze plan. EPA is
proposing to approve Kentucky's September 17, 2014, Progress Report for
the reasons discussed below.
II. EPA's Evaluation of Kentucky's Progress Report and Adequacy
Determination
A. Regional Haze Progress Report
This section includes EPA's analysis of Kentucky's Progress Report,
and an explanation of the basis for the Agency's proposed approval.
1. Control Measures
In its Progress Report, Kentucky summarizes the status of the
emissions reduction measures that were relied upon by Kentucky in its
regional haze plan and included in the final iteration of the
Visibility Improvement State and Tribal Association of the Southeast
(VISTAS) regional haze emissions inventory and RPG modeling used by the
Commonwealth in developing its regional haze plan. The measures
include, among other things, applicable Federal programs (e.g., mobile
source rules, Maximum Achievable Control Technology standards), Federal
consent agreements, and Federal control strategies for EGUs. Kentucky
also reviewed the status of BART requirements for the five BART-subject
sources for particulate matter (PM) in the Commonwealth--American
Electric Power (AEP) Big Sandy Plant, E.ON U.S Mill Creek Station, East
Kentucky Power Cooperative (EKPC) Cooper Station, EKPC Spurlock
Station, and Tennessee Valley Authority (TVA) Paradise Plant--and
described the court decisions addressing CAIR and CSAPR at the time of
progress report development.\5\
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\5\ Kentucky Progress Report, pp. 33-35.
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As discussed above, a number of states, including Kentucky,
submitted regional haze SIPs that relied on CAIR to meet certain
regional haze requirements. EPA finalized a limited disapproval of
Kentucky's regional haze plan due to this reliance and promulgated a
FIP to replace the Commonwealth's reliance on CAIR with reliance on
CSAPR. Although a number of parties challenged the legality of CSAPR
and the D.C. Circuit initially vacated and remanded CSAPR to EPA in EME
Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), the
United States Supreme Court reversed the D.C. Circuit's decision on
April 29, 2014, and remanded the case to the D.C. Circuit to resolve
remaining issues in accordance with the high court's ruling. EPA v. EME
Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the
D.C. Circuit affirmed CSAPR in most respects, and CSAPR is now in
effect. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir.
2015). Kentucky notes in its Progress Report that it has an EPA-
approved CAIR SIP and that CAIR was in effect at the time of Progress
Report submittal due to the 2011 CSAPR stay. Because CSAPR should
result in greater emissions reductions of SO2 and
NOX than CAIR throughout the affected region, EPA expects
Kentucky to maintain and continue its progress towards its RPGs for
2018 through continued, and additional, SO2 and
NOX reductions. See generally 76 FR 48208 (August 8, 2011).
The Commonwealth also discusses in its Progress Report the status
of several measures that were not included in the final VISTAS
emissions inventory and were not relied upon in the initial regional
haze plan to meet RPGs. These measures include EPA's Mercury and Air
Toxics Rule, three Federal consent decrees, and planned retirements and
fuel switching at several EGUs in Kentucky. The Commonwealth notes that
the emissions reductions from these measures will help ensure that
Class I areas impacted by Kentucky sources achieve their RPGs.
In its regional haze plan and Progress Report, Kentucky focuses its
assessment on SO2 emissions from EGUs because of VISTAS'
findings that ammonium sulfate accounted for 69-87 percent of the
visibility-impairing pollution in the VISTAS states and roughly 82
percent of the visibility-impairing pollution at Mammoth Cave National
Park on the 20 percent worst visibility days. Although Kentucky
determined in its regional haze plan that no additional controls for
sources in the Commonwealth were needed to make reasonable progress for
SO2 during the first implementation period,\6\ Kentucky's
Progress Report identifies the control status of eight out-of-state
EGUs, six from Indiana and two from Tennessee, located in the area of
influence of Kentucky's Class I area using the Commonwealth's
methodology for determining sources eligible for a reasonable progress
control determination. Because these eight EGUs were subject to CAIR
and Mammoth Cave National Park was projected to exceed the uniform rate
of progress during the first implementation period, KDAQ opted not to
request from Indiana and Tennessee any additional emissions reductions
for reasonable progress for the first implementation period.\7\
Kentucky's Progress Report indicates that SO2 emissions from
these eight out-of-state EGUs have decreased by nearly 50 percent from
2002 to 2012.
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\6\ See 76 FR 78204.
\7\ See 76 FR 78213 and Kentucky Progress Report, p. 37.
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[[Page 36709]]
In addition, the Commonwealth provides an update on the control
status of EGUs in Kentucky identified by Maine, New Jersey, New
Hampshire, and Vermont as contributing to visibility impairment at
Class I areas located in those states based on 2002 emissions. These
states are members of the Mid-Atlantic/Northeast Visibility Union
(MANE-VU), which identified 167 EGU ``stacks,'' 10 of which are in
Kentucky, as contributing significantly to visibility impairment at
MANE-VU Class I areas in 2002. The 10 EGU stacks are located at: Duke
Energy's East Bend plant; EKPC's Cooper and Spurlock plants; AEP Big
Sandy plant; E.ON U.S. E.W. Brown, Ghent, and Mill Creek plants; and
TVA Paradise. MANE-VU asked Kentucky to control the SO2
emissions from these EGUs with a 90 percent control efficiency and to
adopt a control strategy to provide a 28 percent reduction in
SO2 emissions from non-EGU emission sources that would be
equivalent to MANE-VU's proposed low sulfur residential fuel oil
strategy.
In its Progress Report, the Commonwealth notes that the Kentucky
EGUs identified by MANE-VU either have or will have scrubbers with a
minimum SO2 control efficiency of 90 percent or are
scheduled for retirement by 2018. Kentucky also notes that there was a
decrease of 196,753 tons in SO2 emissions from 2002 to 2012
\8\ at these EGUs and that planned retirements at these EGUs will
result in an additional SO2 emissions decrease of 30,845
tons by 2018 from these units.
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\8\ Kentucky Progress Report, Table 15, pp.62-65. The emissions
reductions are based on data from EPA's Clean Air Markets Division
provided in the Progress Report.
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EPA proposes to find that Kentucky has adequately addressed the
applicable provisions under 40 CFR 51.308(g) regarding the
implementation status of control measures because the Commonwealth
described the implementation of measures within Kentucky, including
BART at BART-subject sources for PM.
2. Emissions Reductions
As discussed above, Kentucky focused its assessment in its regional
haze plan and Progress Report on SO2 emissions from EGUs
because of VISTAS' findings that ammonium sulfate is the primary
component of visibility-impairing pollution in the VISTAS states. In
its Progress Report, Kentucky provides SO2 emissions data
from EPA's Clean Air Markets Division (CAMD) for each coal-fired EGU in
the Commonwealth. Actual SO2 emissions reductions from 2002
to 2012 for these Kentucky EGUs (300,335 tons) have already exceeded
the projected SO2 emissions reductions from 2002 to 2018
estimated in Kentucky's regional haze plan for these EGUs (261,234
tons).\9\ Kentucky also includes cumulative SO2 and
NOX CAMD emissions data from 2002-2012 for EGUs in the
Commonwealth subject to reporting under the Acid Rain Program. This
data shows a decline in these emissions over this time period and shows
that the SO2 reductions are greater than those estimated for
these units between 2002-2018 in the Commonwealth's regional haze plan.
The emissions reductions identified by Kentucky are due, in part, to
the implemenation of measures included in the Commonwealth's regional
haze plan (e.g., CAIR).
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\9\ Kentucky Progress Report, Table 14, pp. 53-60.
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EPA proposes to find that Kentucky has adequately addressed the
applicable provisions of 40 CFR 51.308(g) regarding emissions
reductions because the Commonwealth identifies SO2 emissions
reductions from EGUs in Kentucky, the largest sources of SO2
emissions in the Commonwealth.
3. Visibility Conditions
The provisions under 40 CFR 51.308(g) require that states with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions expressed in terms of
five-year averages of these annual values.
Kentucky's Progress Report provides figures with visibility
monitoring data for Mammoth Cave. Kentucky reported current visibility
conditions as both the 2006-2010 and 2009-2013 five-year time periods
and used the 2000-2004 baseline period for its Class I area.\10\ Table
1, below, shows the visibility conditions for both the 2006-2010 and
2009-2013 five-year time periods and the difference between these
current visibility conditions and baseline visibility conditions.
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\10\ For the first regional haze plans, ``baseline'' conditions
were represented by the 2000-2004 time period. See 64 FR 35730 (July
1, 1999).
Table 1--Baseline Visibility, Current Visibility, and Visibility Changes in Kentucky's Class I Area
[deciviews]
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Baseline (2000- Current (2006- More current
Class I area 2004) 2010) Difference (2009-2013) Difference
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20% Worst Days
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Mammoth Cave National Park...... 31.37 29.09 -2.28 25.09 -6.28
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20% Best Days
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Mammoth Cave National Park...... 16.51 15.41 -1.10 13.69 -2.82
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As shown in Table 1, Mammoth Cave saw an improvement in visibility
between baseline and the 2006-2010 and 2009-2013 time periods.\11\
Kentucky also reported 20 percent worst day and 20 percent best day
visibility data for Mammoth Cave from 2006-2013 for each year in terms
of five-year averages.\12\ This data shows an improvement in visibility
at Mammoth Cave on the 20 percent best days from 2006-2013 and on the
20 percent worst days from 2007-2013.
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\11\ Kentucky Progress Report, Tables 17 and 18, pp. 67-68.
\12\ Kentucky Progress Report, Table 18, p.68.
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EPA notes that Kentucky's original RPGs were based on the VISTAS
modeling run available at the time of Kentucky's June 25, 2008,
regional haze plan. In 2008, VISTAS provided updated modeling results
that changed the modeled progress for Kentucky's Class I area. Table 2
identifies the RPGs for Mammoth Cave in the Commonwealth's regional
haze plan and provides, for comparison purposes only, the updated RPGs
provided by VISTAS.\13\
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\13\ Kentucky Progress Report, Table 16, p. 66.
[[Page 36710]]
Table 2--Updated RPGs for Kentucky's Class I Area
[deciviews]
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RPG 20% worst RPG 20% best
Class I area Mammoth Cave National Park days days
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Original RPGs........................... 25.56 15.57
Updated RPGs............................ 25.40 15.42
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EPA proposes to find that Kentucky has adequately addressed the
applicable provisions under 40 CFR 51.308(g) regarding visibility
conditions because the Commonwealth provided baseline visibility
conditions (2000-2004), current conditions based on the most recently
available visibility monitoring data available at the time of Progress
Report development, the difference between these current sets of
visibility conditions and baseline visibility conditions, and the
change in visibility impairment from 2006-2013.
4. Emissions Tracking
In its Progress Report, Kentucky presents data from a statewide
actual emissions inventory for 2007 and compares this data to the
baseline emissions inventory for 2002 (actual and typical
emissions).\14\ The pollutants inventoried include VOC, NH3,
NOX, PM2.5, coarse particulate matter
(PM10), and SO2. The emissions inventories
include the following source classifications: point, area, fires, non-
road mobile, and on-road mobile sources. As discussed in Section
II.A.2, above, Kentucky also presented NOX and
SO2 data from 2002-2012 for EGUs in Kentucky.
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\14\ For the typical 2002 stationary point source emissions
inventory, the EGU emissions are adjusted for a typical year so that
if sources were shut down or are operating above or below normal,
the emissions are normalized to a typical emissions inventory year.
The typical year data is used to develop projected typical future
year emissions inventories.
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Kentucky estimated on-road mobile source emissions in the 2007
inventory using EPA's MOVES model. This model tends to estimate higher
emissions for NOX and PM than its previous counterpart,
EPA's MOBILE6.2 model, used by the Commonwealth to estimate on-road
mobile source emissions for the 2002 inventories. Despite the change in
methodology, with the exception of a slight increase in
PM2.5 and PM10, 2007 actual emissions are lower
for all inventoried emissions than both the actual and typical 2002
emissions, as can be seen when comparing Tables 3 and 4 to Table 5.
Table 3--2002 Actual Emissions Inventory Summary for Kentucky
[tpy]
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Source category NH 3 NOX PM10 PM2.5 SO2 VOC
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Point................................................... 1,000 237,209 21,326 14,173 518,086 46,321
Area.................................................... 51,135 39,507 233,559 45,453 41,805 95,375
On-Road Mobile.......................................... 5,055 156,417 3,723 2,697 6,308 103,503
Non-Road Mobile......................................... 31 104,571 6,425 6,046 14,043 44,805
Fires................................................... 44 1,142 5,226 5,074 49 2,640
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Total............................................... 57,265 538,846 270,259 73,443 580,291 292,644
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Table 4--2002 Typical Emissions Inventory Summary for Kentucky
[tpy]
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Source category NH 3 NOX PM10 PM2.5 SO2 VOC
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Point................................................... 995 240,362 21,421 14,219 529,182 46,315
Area.................................................... 51,135 39,507 233,559 45,453 41,805 95,375
On-Road Mobile.......................................... 5,055 156,417 3,723 2,697 6,308 103,503
Non-Road Mobile......................................... 31 104,517 6,425 6,046 14,043 44,805
Fires................................................... 110 1,460 6,667 6,310 136 3,338
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Total............................................... 57,326 542,317 271,795 74,725 591,474 293,336
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Table 5--2007 Actual Emissions Inventory Summary for Kentucky
[tpy]
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Source category NH3 NOX PM10 PM2.5 SO2 VOC
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Point................................................... 113 210,213 30,678 21,110 410,413 47,679
Area.................................................... 52,332 12,693 226,829 40,341 15,590 75,100
On-Road Mobile.......................................... 2,172 133,425 5,524 4,363 1,022 55,883
Non-Road Mobile......................................... 46 63,454 4,207 3,969 3,037 38,785
Fires................................................... 138 1,377 5,016 4,678 180 2,939
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[[Page 36711]]
Total............................................... 54,801 421,163 272,254 74,461 430,242 220,386
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EPA is proposing to find that Kentucky adequately addressed the
provisions of 40 CFR 51.308(g) regarding emissions tracking because the
Commonwealth compared the most recent updated emission inventory data
available at the time of Progress Report development with the baseline
emissions used in the modeling for the regional haze plan. Furthermore,
Kentucky evaluated available CAMD SO2 emissions data from
2002 to 2012 for Kentucky EGUs because this data was available at the
time of Progress Report development, ammonium sulfate is the primary
component of visibility-impairing pollution in the VISTAS states, and
EGUs are the largest source of SO2 in the Commonwealth.
5. Assessment of Changes Impeding Visibility Progress
In its Progress Report, Kentucky documented that sulfates, which
are formed from SO2 emissions, continue to be the biggest
single contributor to regional haze for Class I areas in the
Commonwealth and therefore focused its analysis on large SO2
emissions from point sources. In addressing the requirements at 40 CFR
51.308(g)(5), Kentucky demonstrates that sulfate contributions to
visibility impairment have decreased overall from 2000 to 2013 \15\
along with an improvement in visibility, and examines other potential
pollutants of concern affecting visibility at Mammoth Cave. The
Commonwealth presents data for the 20 percent worst days showing that
ammonium sulfate is responsible for 79.6 and 67.8 percent of the
regional haze at Mammoth Cave for the periods 2006-2010 and 2009-2013,
respectively. For 2006-2010, primary organic matter is the next largest
contributor at 9.3 percent whereas for 2009-2013, the next largest
contributor to regional haze is ammonium nitrate at 13.9 percent,
followed by primary organic matter at 11.7 percent. Furthermore, the
Progress Report shows that the Commonwealth is on track to meeting its
2018 RPGs for Mammoth Cave and that SO2 emissions reductions
from 2002-2012 for EGUs in Kentucky have exceeded the projected
reductions from 2002-2018 in the regional haze plan.
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\15\ Kentucky Progress Report, Figures 21 and 22, p. 80.
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EPA proposes to find that Kentucky has adequately addressed the
provisions of 40 CFR 51.308(g) regarding an assessment of significant
changes in anthropogenic emissions. EPA preliminarily agrees with
Kentucky's conclusion that there have been no significant changes in
emissions of visibility-impairing pollutants which have limited or
impeded progress in reducing emissions and improving visibility in
Class I areas impacted by the Commonwealth's sources.
6. Assessment of Current Strategy
The Commonwealth believes that it is on track to meet the 2018 RPGs
for Mammoth Cave and will not impede Class I areas outside of Kentucky
from meeting their RPGs based on the trends in visibility and emissions
presented in its Progress Report. Kentucky notes that the IMPROVE
visibility readings for 2009-2013 already show greater improvments in
visibility than projected by Kentucky in establishing the 2018 RPGs for
Mammoth Cave and that SO2 emissions from coal-fired EGUs in
the Commonwealth have fallen from 2002 to 2012 by more than than the
predicted decline in SO2 emissions from these sources for
the first planning period in Kentucky's regional haze plan. Kentucky
expects that these emissions will continue to decrease through the
first regional haze implementation period. The Commonwealth identifies
additional SO2 reductions of 49,649 tpy from Kentucky EGUs
that are retiring or converting to natural gas which were not accounted
for in the original 2018 emissions projections in its regional haze
plan.\16\ Kentucky also provides data showing that SO2
emissions from 2002 to 2012 from EGUs outside of the Commonwealth
impacting visibility at Mammoth Cave have decreased by nearly 49
percent (65,416 tpy). In addition, the Commonwealth provides emissions
data in Table 13 and in Figures 10 and 12 of its Progress Report
showing a declining trend in SO2 and NOX
emissions from 2002 to 2012 for EGUs in Kentucky and the VISTAS states.
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\16\ Kentucky Progress Report, Table 11, pp. 42-43.
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Kentucky also provides updated visibility analyses for Mammoth Cave
and the Class I areas outside the Commonwealth potentially impacted by
sources in Kentucky (Great Smoky Mountains National Park in North
Carolina and Tennessee, James River Face Wilderness Area and Shenandoah
National Park in Virginia, Linville Gorge Wilderness Area in North
Carolina, and Dolly Sods Wilderness Area in West Virginia), and notes
that these analyses show that these areas are on track to achieve their
RPGs by 2018.\17\
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\17\ Kentucky Progress Report, Table 26, p. 87; Figures 23-32,
pp. 82-86; Figures 14 and 15, pp. 69-70.
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As discussed in Section II.A.1, above, CAIR was implemented during
the time period evaluated by Kentucky for its Progress Report, but has
now been replaced by CSAPR. At the present time, the requirements of
CSAPR apply to sources in Kentucky under the terms of a FIP because
Kentucky has not, to date, incorporated the CSAPR requirements into its
SIP. Kentuky's regional haze plan accordingly does not contain
sufficient provisions to ensure that the RPGs of Class I areas in
nearby states will be achieved. The term ``implementation plan,''
however, is defined for purposes of the Regional Haze Rule to mean
``any [SIP], [FIP], or Tribal Implementation Plan.'' 40 CFR 51.301.
Measures in any issued FIP, as well as those in a state's regional haze
SIP, may therefore be considered in assessing the adequacy of the
``existing implementation plan.''
EPA proposes to find that Kentucky has adequately addressed the
provisions of 40 CFR 51.308(g) regarding the strategy assessment. In
its Progress Report, Kentucky described the improving visibility trends
using data from the IMPROVE network and the downward emissions trends
in key pollutants, with a focus on SO2 emissions from EGUs
in the Commonwealth. Kentucky determined that its regional haze plan is
sufficient to meet the RPGs for its own Class I area and the Class I
areas outside the Commonwealth potentially impacted by the emissions
from Kentucky. EPA finds that Kentucky's conclusion regarding the
sufficiency of its regional haze plan is appropriate because CAIR was
in effect in Kentucky through 2014, providing the emission reductions
relied upon in Kentucky's regional haze
[[Page 36712]]
plan through that date. CSAPR is now being implemented, and by 2018,
the end of the first regional haze implementation period, CSAPR will
reduce emissions of SO2 and NOX from EGUs in
Kentucky by the same amount assumed by EPA when it issued the FIP for
the Commonwealth in June 2012 replacing reliance on CAIR with reliance
on CSAPR. Because CSAPR will ensure the control of SO2 and
NOX emissions reductions relied upon by Kentucky and other
states in setting their RPGs beginning in January 2015 at least through
the remainder of the first implementation period in 2018, EPA is
proposing to approve Kentucky's finding that the plan elements and
strategies in its implementation plan are sufficient to achieve the
RPGs for the Class I area in the Commonwealth and for Class I areas in
nearby states potentially impacted by sources in the Commonwealth.
7. Review of Current Monitoring Strategy
In its Progress Report, Kentucky summarizes the existing monitoring
network in Kentucky to monitor visibility at Mammoth Cave and concludes
that no modifications to the existing visibility monitoring strategy
are necessary. The primary monitoring network for regional haze, both
nationwide and in Kentucky, is the Interagency Monitoring of Protected
Visual Environments (IMPROVE) network. There is currently one IMPROVE
site located in Mammoth Cave National Park.
The Commonwealth also explains the importance of the IMPROVE
monitoring network for tracking visibility trends at the Class I area
in Kentucky. Kentucky states that data produced by the IMPROVE
monitoring network will be used nearly continuously for preparing the
regional haze progress reports and SIP revisions, and thus, the
monitoring data from the IMPROVE sites needs to be readily accessible
and to be kept up to date. The Visibility Information Exchange Web
System Web site has been maintained by VISTAS and the other Regional
Planning Organizations to provide ready access to the IMPROVE data and
data analysis tools.
In addition to the IMPROVE measurements, some ongoing long-term
limited monitoring supported by Federal Land Managers provides
additional insight into progress toward regional haze goals. Kentucky
benefits from the data from these measurements, but is not responsible
for associated funding decisions to maintain these measurements into
the future.
In addition, KDAQ operates a PM2.5 network of filter-
based Federal reference method monitors and filter-based speciation
monitors. These PM2.5 measurements help the KDAQ
characterize air pollution levels in areas across the Commonwealth, and
therefore aid in the analysis of visibility improvement in and near
Mammoth Cave.
EPA proposes to find that Kentucky has adequately addressed the
applicable provisions of 40 CFR 51.308(g) regarding monitoring strategy
because the Commonwealth reviewed its visibility monitoring strategy
and determined that no further modifications to the strategy are
necessary.
B. Determination of Adequacy of the Existing Regional Haze Plan
In its Progress Report, Kentucky submitted a negative declaration
to EPA regarding the need for additional actions or emissions
reductions in Kentucky beyond those already in place and those to be
implemented by 2018 according to Kentucky's regional haze plan.
Kentucky determined that the existing regional haze plan requires no
further substantive revision at this time to achieve the RPGs for Class
I areas affected by the Commonwealth's sources. The Commonwealth's
negative declaration is based on the findings from the Progress Report,
including the findings that: visibility has already improved at Mammoth
Cave in Kentucky such that monitored 2009-2013 visibility readings show
that the Class I area has already met its RPGs for 2018; actual
SO2 emissions reductions from coal-fired EGUs in Kentucky
exceed the predicted reductions in Kentucky's regional haze plan;
additional EGU control measures not relied upon in the Commonwealth's
regional haze plan have occurred or will occur during the first
implementation period that will further reduce SO2
emissions; and emissions of SO2 from EGUs in Kentucky and
the surrounding VISTAS states are expected to continue to trend
downward.
EPA proposes to conclude that Kentucky has adequately addressed 40
CFR 51.308(h) because the visibility trends at Mammoth Cave and at
Class I areas outside of the Commonwealth potentially impacted by
sources within Kentucky and the emissions trends of the largest
emitters of visibility-impairing pollutants in the Commonwealth
indicate that the relevant RPGs will be met.
III. Proposed Action
EPA is proposing to approve Kentucky's September 17, 2014, Regional
Haze Progress Report as meeting the applicable regional haze
requirements set forth in 40 CFR 51.308(g) and 51.308(h).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
[[Page 36713]]
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16484 Filed 8-4-17; 8:45 am]
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