Subpart P of 40 CFR 51, Protection of Visibility, also known as the regional haze rule, is the subject of this clearance request. In the next three years, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will focus on submitting SIP revisions and progress reports for regional haze. 40 CFR 51.308 (f) requires states to develop regional haze implementation plan revisions evaluating and reassessing reasonable progress goals, calculations of baseline and natural visibility conditions, the long-term strategy, the monitoring strategy and other implementation plan requirements. There are similar reporting requirements under 40 CFR 51.309, a section of the regional haze rule in which three states (Utah, Wyoming, and New Mexico) elected to submit their SIPs. Under section 309, these states adopted regional haze strategies for the period from 2003 to 2018 for sulfur dioxide emissions. These strategies are based on recommendations from the Grand Canyon Visibility Transport Commission (GCVTC) for protecting the 16 Class I areas in the Colorado Plateau area. During the next three years, fourteen states will also be responsible for submitting progress reports. 40 CFR 51.308 (g) requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states, and 40 CFR 51.309(d)(10) requires similar actions on the part of the 3 states that submitted regional haze SIPs under 40 CFR 51.309.
Final changes to the regional haze rule include: a 3-year extension of the deadline for state submittal of periodic comprehensive SIP revisions (from July 31, 2018 to July 31, 2021); a change in submission deadlines for progress reports and removal of the requirement that progress reports be submitted as SIP revisions; discontinuance of the 1980s-era requirement for 36 states and territories with Class I areas to submit SIP revisions every 10 years that assess whether reasonably attributable visibility impairment (RAVI) is occurring and removal of the obligation for the EPA to periodically assess RAVI for the 20 states that never committed to meet this requirement; extension to the remaining 16 states the ability of a FLM to certify to a state that RAVI is occurring and thereby trigger a requirement for a responsive SIP revision; and clarification of several terms in the current rule text and updating of cross references.
Under the final rule, the SIPs revisions for all states due by July 31, 2018 will instead be due by July 31, 2021. As a result, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will shift from focusing on actual submittal of SIP revisions to focusing on early analysis to support SIP revision development, although some states (particularly eastern states) may still elect to submit on or near the current 2018 deadline. Under the pre-existing and final rules, 40 CFR 51.308(g) also requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states. The timing of these progress reports due during the period 2016-2019 will not change under the final rule. There are similar reporting requirements under 40 CFR 51.309, a section of the regional haze rule in which three states (Utah, Wyoming, and New Mexico) elected to submit their SIPs, and its requirements for the period 2016-2019 are being altered by the final rule in that the progress reports that would otherwise have been due in 2018 are being eliminated.
Other sections of 40 CFR 51 relate to reasonably attributable visibility impairment (RAVI). Under the final rule, all states will potentially be subject to FLM certifications of RAVI, as opposed to the current 36. The historical rarity of a RAVI certification implies that no additional RAVI certifications would occur during the 3-year period at issue and likely no RAVI certifications even if the pre-existing rule were to have remained in place.
With all of these final changes considered, the overall burden on states represents a reduction compared to what would otherwise occur if the provisions of the pre-existing rule were to have stayed in place. See Table 7.1 for an estimate of these reductions, as had been presented in the proposed rule ICR supporting statement.
$343,408
No
No
No
No
No
No
Uncollected
Chris Werner 919 541-5133
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
2540ss02.docx
Proposed Revisions to the Regional Haze Regulations