Notice of Availability of Additional Information Related to Proposed Regional Haze Regulations; Solicitation of Comments

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-6154-9; Docket No A-95-38

Notice of Availability of Additional Information Related to

Proposed Regional Haze Regulations; Solicitation of Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: On July 31, 1997, EPA published proposed revisions to State

implementation plan (SIP) requirements to address regional haze

visibility impairment in the Nation's most treasured national parks and

wilderness areas. The public comment period on those regulations closed

on December 5, 1997. The purpose of this notice is to provide the

public with an opportunity to comment on two specific issues for which

additional information became available after the close of the comment

period. The EPA is not reopening the comment period for any other

issues related to the proposed regional haze rule.

The first issue relates to the Grand Canyon Visibility Transport

Commission (Commission) and specific recommendations provided in a

recent letter from the Western Governors' Association (WGA). The second

issue relates to recent transportation legislation, Pub. L. 105-178,

the Transportation Equity Act for the 21st Century (TEA-21), which

affects the timeframe for implementation of the regional haze program.

The EPA is making this information available for comment now so that

any public comments on these two issues may be considered before

publication of the final rule.

DATES: Written comments must be received by October 5, 1998.

ADDRESSES: Information related to the proposed regional haze rule is

available in EPA's Air and Radiation Docket and Information Center,

docket number A-95-38. The docket is located at the following address:

EPA Air and Radiation Docket and Information Center; 401 M Street SW;

Room M-1500 (Mail Code 6102); Washington, DC 20460; Attention: Docket

Number A-95-38. The docket is available for public inspection and

copying between 8:30 a.m. and 3:30 p.m., Monday through Friday. A

reasonable fee may be charged for copying.

Three additional items related to this notice of availability can

be obtained from docket number A-95-38: the June 29, 1998 letter from

the WGA (signed by Governor Michael Leavitt of Utah) (item VIII-G-76),

the draft translation of the WGA's recommendations into regulatory

language by EPA (item VIII-I-02), and a copy of the TEA-21 legislation

provisions affecting the regional haze program (item VIII-I-01). The

above documents may also be downloaded from the Internet at: http://

www.epa.gov/ttn/oarpg/t1sn.html.

Comments on today's notice and the materials referenced herein

should be submitted (in duplicate if possible) to the address listed

above. Comments may also be submitted to EPA by electronic mail at the

following address: A-and-R-D[email protected]. Electronic comments

must be submitted as an ASCII file avoiding the use of special

characters and any form of encryption. Comments and data also will be

accepted on computer disk in WordPerfect 5.1 format or ASCII file

format. All comments and data in electronic form must be identified by

the docket number A-95-38. Electronic comments on this notice also may

be filed online at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Rich Damberg (telephone 919-541-5592),

Mail Drop 15, EPA, Air Quality Strategies and Standards Division,

Research Triangle Park, North Carolina, 27711. Internet address:

[email protected].

SUPPLEMENTARY INFORMATION: We are providing the public with the

opportunity to comment on additional information related to the

regional haze rule proposed on July 31, 1997. We are requesting comment

only on these two issues, and we are not reopening the comment period

on any other issues related to the proposal.

I. Letter From the Western Governors' Association

In the notice of proposed rulemaking for the regional haze program,

we discussed extensively the June 1996 report from the Grand Canyon

Visibility Transport Commission, Recommendations for Improving Western

Vistas, 62 FR 41138, 41141-41143 (July 31, 1997). The EPA highlighted

the key recommendations developed by the Commission in a number of

areas, including those recommendations regarding stationary sources,

mobile sources, and prescribed fire. In concluding this section of the

notice we stated that EPA * * * seeks public comment on the manner it

has proposed to address the Commission's recommendations in this

rulemaking, and EPA requests alternative suggestions for addressing the

recommendations.'' (62 FR 41143).

On June 29, 1998, we received a letter from Governor Leavitt of

Utah, on behalf of the WGA, that specifically addresses how EPA should

treat the Commission's recommendations within the national rule. The

WGA developed the letter in conjunction with several stakeholders

involved in the Commission. The EPA was not a part of this process. In

his cover letter, Governor Leavitt specifically requested that EPA

reopen the public comment period for 30 days.

A key element of the WGA's recommendations is the proposal that if

the States in the Commission's transport region provide an acceptable

``Annex'' to EPA in 2000 outlining interim milestones for regional

SO2 reductions, then SIPs meeting the overall package of

recommended elements would assure reasonable progress and meet the

basic SIP requirements set forth under section 169A of the Clean Air

Act (CAA) (including a long-term strategy, best available retrofit

technology, and other measures as necessary). Given the detailed nature

of these new comments, and the fact that they were developed with broad

input, EPA is fulfilling Governor Leavitt's request to reopen the

comment period for the proposed rule. The EPA requests comments on all

aspects of the WGA letter, particularly on whether these

recommendations assure reasonable progress under the CAA and on how we

should use this new information in preparing our final rule.

In addition to the letter from the WGA, we are also providing, for

illustrative purposes, draft regulatory text that attempts to translate

the WGA recommendations into regulatory language. The regulatory

language, as drafted, would add a new section 51.309 to the regional

haze regulation. By providing this translation of the WGA letter into

draft regulatory text, EPA is providing the public with an example of

how these recommendations could be implemented under the SIP process.

The WGA believes its recommendations will assure reasonable progress

under

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the regional haze program. The EPA is seeking public comment on whether

this translation accurately reflects the WGA recommendations, and on

whether a SIP incorporating these provisions would satisfy the basic

statutory requirements of section 169A as noted above.

In drafting the regulatory language, we have attempted to

incorporate all of the WGA's recommendations for specific regulatory

requirements into regulatory text except for the recommendation to

include a ``binding commitment'' on EPA to ``fully consider'' certain

national mobile source measures. While we are not expressing a position

on this recommendation, we are unsure of how or whether the regulatory

structure of the regional haze proposal can incorporate this provision,

and we request comment on how and whether this should be done.

The WGA letter contains numerous suggestions for preamble

discussions to accompany the final regional haze rule. These preamble

suggestions include clarifications of the rationale for certain

conclusions, explanations to clarify WGA's regulatory language

suggestions, and discussions of a number of WGA's suggested policy

interpretations for implementation of the final rule. At this time, the

EPA has not drafted specific preamble language in reaction to these

suggestions. We do, however, request comment on the concepts and

suggestions that WGA recommends that EPA include in the preamble to the

final rule.

The WGA letter, and the regulatory language are available for

review in the docket as items VIII-G-76 and VIII-I-02, respectively. In

addition, these items are on the Internet at http://www.epa.gov/ttn/

oarpg/t1sn.html.

II. TEA-21 Legislation

In the proposed rule, we stated our intent to coordinate SIP

revisions for regional haze with the schedule for SIP revisions under

the new PM2.5 standard (see 62 FR 41151). The proposed rule

also required States to submit a SIP revision with basic planning

provisions and commitments within 12 months, consistent with the

requirements of section 169B of the CAA. For States with

PM2.5 nonattainment areas, the proposal required States to

submit control strategies at the same time as PM2.5 control

strategies (62 FR 41159).

On June 9, 1998, the President signed the TEA-21. Section

4102(c)(2) of the TEA-21 revises the timing requirements for submission

of SIPs for the visibility program. However, TEA-21 is consistent with

the desire expressed by EPA in the notice of proposed rulemaking to

harmonize the visibility program with the PM2.5 program.

Section 4102(c)(2) reads as follows:

(2) For any area designated as nonattainment for the July 1997

PM2.5 national ambient air quality standard in accordance

with the schedule set forth in this section, notwithstanding the

time limit prescribed in paragraph (2) of section 169B(e) of the

Clean Air Act, the Administrator shall require State implementation

plan revisions referred to in such paragraph (2) to be submitted at

the same time as State implementation plan revisions referred to in

section 172 of the Clean Air Act implementing the revised national

ambient air quality standard for fine particulate matter are

required to be submitted. For any area designated as attainment or

unclassifiable for such standard, the Administrator shall require

the State implementation plan revisions referred to in such

paragraph (2) to be submitted 1 year after the area has been so

designated. The preceding provisions of this paragraph shall not

preclude the implementation of the agreements and recommendations

set forth in the Grand Canyon Visibility Transport Commission Report

dated June 1996.

The Conference Report accompanying TEA-21 explains the provisions

affecting the visibility program. The Conference Report states:

The Conferees recognize that the Regional Haze regulation has

not been finalized and the Administrator of the Environmental

Protection Agency (EPA) is still considering the views of various

stakeholders. The Conferees agree with EPA's public statements that

the schedule for the State Implementation Plan due pursuant to

section 169B(e)(2) of the Clean Airport [sic] Act should be

harmonized with the Schedule for State Implementation Plan

submissions required for PM2.5 ambient air quality

standard promulgated in July, 1997.

As required by Congress, we intend to incorporate the deadlines

contained in the TEA-21 into the final regional haze rule. The TEA-21

provision requires specific deadlines for regional haze SIP submissions

within 1 year after an ``area'' is designated as attainment or

unclassified for PM2.5, and at the same time that

PM2.5 SIPs are due for ``areas'' that are designated as

nonattainment for PM2.5.

There is one potential area of concern with the TEA-21 provisions

for which we seek public comment. While the deadlines and statement of

intent are generally clear, the TEA-21 legislation does not address the

deadlines that would apply for a regional planning effort that

incorporated both attainment and nonattainment areas. While certain

Class I areas may be affected only by emissions from attainment and/or

unclassified areas, we do not believe that Congress intended to inhibit

regional planning efforts by requiring area-by-area submittals

(sometimes within a single State) when both attainment and

nonattainment areas are included. We believe that this result would not

be consistent with the nature of the regional haze problem, which, as

noted in the preamble to the proposed rulemaking, aims to address

pollutants which can travel hundreds of miles. Additionally, we do not

believe that this result would be consistent with the expressed intent

of Congress to harmonize regional haze planning efforts with those for

PM2.5. Accordingly, we intend to incorporate an optional

approach into the final rule which will allow States to first submit

SIP revisions which commit to specific integrated regional planning

efforts but which do not set forth control strategies. Under this

approach, States committing to regional planning would have coordinated

deadlines for regional haze control strategies for unclassifiable,

attainment and nonattainment areas within a single planning region. We

recognize that this approach could have the effect of delaying control

strategy plan submittal dates for some areas, but we believe that such

an option will support effective coordination between the

PM2.5 and regional haze programs and is consistent with the

statement of congressional intent. Accordingly, we request comment on

this interpretion of TEA-21.

III. Where To Send Comments

Please send comments directly to Docket A-95-38 at the address

previously provided and specify that they are in response to this

notice. Comments will be forwarded from the Air Docket to the

appropriate EPA staff.

Dated: August 26, 1998.

Lydia Wegman,

Acting Director, Office of Air Quality Planning and Standards.

[FR Doc. 98-23678 Filed 9-2-98; 8:45 am]

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