EPA Clarification on Regional Haze SIP Issues Cynthia Cody, Region 8 Colleen McKaughan, Region 9

Overview RH Rule Criteria Late or Incomplete RH SIP Submittals BART Submittals Four Factor Analysis and Reasonable Progress Approvability Issues Source Category Analysis Where States Need More Time

RH Rule Criteria EPA is required to review the RH SIPs against the criteria in the RH Rule. Those criteria include goals that provide for reasonable progress, a long-term strategy with measures to achieve the goals, and BART or better than BART alternative measures These are the three main elements that need to be included in the December 2007 SIPs There are other elements as well, such as monitoring, which can be viewed in detail in the regulations 3

Late or Incomplete SIPs The RH SIPs are due on December 17, 2007, which is a statutory deadline. Most of the western states have indicated that they will not meet that deadline. States need to be working closely with their EPA Regional Offices if they believe that they will miss the deadline.   EPA cannot extend the deadline, so states must weigh legal vulnerability from potential lawsuits for submitting late SIPs EPA has made no decision on how to handle late SIPs, but is currently discussing strategies to deal with late SIPs on a national level If EPA makes a finding that a state has failed to submit a RH SIP, or failed to submit a complete RH SIP, EPA will consider the obligation to promulgate a FIP within 2 years of making that finding No other sanctions apply 4

BART Submittal EPA is willing to act on the BART portion of the RH SIP separately from the rest of the SIP for approval Each Regional Office may choose to do so based on decisions about resources or other factors RH SIP is not complete until all required elements are submitted

Four Factor Analysis and Reasonable Progress States must consider the four factors in the CAA in determining reasonable progress States must consider these four factors in deciding whether to regulate the source/source categories that significantly contribute to visibility impairment at Class I areas Significant contributors can be identified through additional information aside from TSS EPA agrees that all four factors do not apply equally well to all sources and sources categories EPA will be evaluating whether the State has supplied a reasonable explanation for its decisions to regulate or not regulate sources or source categories in the 2007 RH SIP. 6

Reasonable Progress The RH SIPs should address those sources or source categories identified as significant contributors to RH in the Class I areas for that state “Address” does not necessarily mean implementation of controls Each State should establish in the 2007 SIP when implementation and compliance with the RP control measures are to occur in the first planning period This is part of the LTS Compliance dates should ensure that affected areas will meet the RP goals for that period.

Approvability Issues A SIP that cites lack of time, resources, and/or lack of WRAP analysis as reasons for not addressing any of the RH requirements is not approvable   Lack of rulemaking authority is not an acceptable justification for not controlling a source or source category or not addressing reasonable progress If a State has any of these concerns, contact your Regional Office so we can work together to resolve 8

Source Category Analysis Where States Need More Time Situation where state wants to control source/source category but runs out of time prior to 2007 RH SIP submittal Again, cannot use lack of time or resources or authority as justification Use the four factors or other reasonable justifications, and decide to address implementation in the LTS Regions are discussing this issue nationally