CCLME.ORG - 40 CFR PART 51—REQUIREMENTS FOR PREPARATION ADOPTION AND SUBMITTAL OF IMPLEMENTATION PLANS

(continued)

(A) A description of the status of implementation of all measures included in the implementation plan for achieving reasonable progress goals for mandatory Class I Federal areas both within and outside the State.

(B) A summary of the emissions reductions achieved throughout the State through implementation of the measures described in paragraph (d)(10)(i)(A) of this section.

(C) For each mandatory Class I Federal area within the State, an assessment of the following: the current visibility conditions for the most impaired and least impaired days; the difference between current visibility conditions for the most impaired and least impaired days and baseline visibility conditions; the change in visibility impairment for the most impaired and least impaired days over the past 5 years.

(D) An analysis tracking the change over the past 5 years in emissions of pollutants contributing to visibility impairment from all sources and activities within the State. Emissions changes should be identified by type of source or activity. The analysis must be based on the most recent updated emissions inventory, with estimates projected forward as necessary and appropriate, to account for emissions changes during the applicable 5-year period.

(E) An assessment of any significant changes in anthropogenic emissions within or outside the State that have occurred over the past 5 years that have limited or impeded progress in reducing pollutant emissions and improving visibility.

(F) An assessment of whether the current implementation plan elements and strategies are sufficient to enable the State, or other States with mandatory Federal Class I areas affected by emissions from the State, to meet all established reasonable progress goals.

(G) A review of the State's visibility monitoring strategy and any modifications to the strategy as necessary.

(ii) At the same time the State is required to submit any 5-year progress report to EPA in accordance with paragaph (d)(10)(i) of this section, the State must also take one of the following actions based upon the information presented in the progress report:

(A) If the State determines that the existing implementation plan requires no further substantive revision at this time in order to achieve established goals for visibility improvement and emissions reductions, the State must provide to the Administrator a negative declaration that further revision of the existing implementation plan is not needed at this time.

(B) If the State determines that the implementation plan is or may be inadequate to ensure reasonable progress due to emissions from sources in another State(s) which participated in a regional planning process, the State must provide notification to the Administrator and to the other State(s) which participated in the regional planning process with the States. The State must also collaborate with the other State(s) through the regional planning process for the purpose of developing additional strategies to address the plan's deficiencies.

(C) Where the State determines that the implementation plan is or may be inadequate to ensure reasonable progress due to emissions from sources in another country, the State shall provide notification, along with available information, to the Administrator.

(D) Where the State determines that the implementation plan is or may be inadequate to ensure reasonable progress due to emissions from within the State, the State shall develop additional strategies to address the plan deficiencies and revise the implementation plan no later than one year from the date that the progress report was due.

(11) State planning and interstate coordination. In complying with the requirements of this section, States may include emission reductions strategies that are based on coordinated implementation with other States. Examples of these strategies include economic incentive programs and transboundary emissions trading programs. The implementation plan must include documentation of the technical and policy basis for the individual State apportionment (or the procedures for apportionment throughout the trans-boundary region), the contribution addressed by the State's plan, how it coordinates with other State plans, and compliance with any other appropriate implementation plan approvability criteria. States may rely on the relevant technical, policy and other analyses developed by a regional entity (such as the Western Regional Air Partnership) in providing such documentation. Conversely, States may elect to develop their own programs without relying on work products from a regional entity.

(12) Tribal implementation. Consistent with 40 CFR Part 49, tribes within the Transport Region may implement the required visibility programs for the 16 Class I areas, in the same manner as States, regardless of whether such tribes have participated as members of a visibility transport commission.

(e) States electing not to implement the commission recommendations. Any Transport Region State may elect not to implement the Commission recommendations set forth in paragraph (d) of this section. Such States are required to comply with the timelines and requirements of §51.308. Any Transport Region State electing not to implement the Commission recommendations must advise the other States in the Transport Region of the nature of the program and the effect of the program on visibility-impairing emissions, so that other States can take this information into account in developing programs under this section.

(f) Annex to the Commission Report. (1) A Transport Region State may choose to comply with the provisions of this section and by doing so shall satisfy the requirements of §51.308(b) through (e) only if the Grand Canyon Visibility Transport Commission (or a regional planning body formed to implement the Commission recommendations) submits a satisfactory annex to the Commission Report no later than October 1, 2000. To be satisfactory, the Annex must contain the following elements:

(i) The annex must contain quantitative emissions milestones for stationary source sulfur dioxide emissions for the reporting years 2003, 2008, 2013 and 2018. The milestones must provide for steady and continuing emissions reductions for the 2003–2018 time period consistent with the Commission's definition of reasonable progress, its goal of 50 to 70 percent reduction in sulfur dioxide emissions from 1990 actual emission levels by 2040, applicable requirements under the CAA, and the timing of implementation plan assessments of progress and identification of deficiencies which will be due in the years 2008, 2013, and 2018. The milestones must be shown to provide for greater reasonable progress than would be achieved by application of best available retrofit technology (BART) pursuant to §51.308(e)(2) and would be approvable in lieu of BART.

(ii) The annex must contain documentation of the market trading program or other programs to be implemented pursuant to paragraph (d)(4) of this section if current programs and voluntary measures are not sufficient to meet the required emission reduction milestones. This documentation must include model rules, memoranda of understanding, and other documentation describing in detail how emission reduction progress will be monitored, what conditions will require the market trading program to be activated, how allocations will be performed, and how the program will operate.

(2) The Commission may elect, at the same time it submits the annex, to make recommendations intended to demonstrate reasonable progress for other mandatory Class I areas (beyond the original 16) within the Transport Region States, including the technical and policy justification for these additional mandatory Class I Federal areas in accordance with the provisions of paragraph (g) of this section.

(3) The EPA will publish the annex upon receipt. If EPA finds that the annex meets the requirements of paragraph (f)(1) of this section and assures reasonable progress, then, after public notice and comment, EPA will amend the requirements of this section to incorporate the provisions of the annex. If EPA finds that the annex does not meet the requirements of paragraph (f)(1) of this section, or does not assure reasonable progress, or if EPA finds that the annex is not received, then each Transport Region State must submit an implementation plan for regional haze meeting all of the requirements of §51.308.

(4) In accordance with the provisions under paragraph (f)(1) of this section, the annex may include a geographic enhancement to the program provided for in paragraph (d)(4) of this section to address the requirement under §51.302(c) related to Best Available Retrofit Technology for reasonably attributable impairment from the pollutants covered by the milestones or the backstop market trading program. The geographic enhancement program may include an appropriate level of reasonably attributable impairment which may require additional emission reductions over and above those achieved under the milestones defines in paragraph (f)(1)(i) of this section.

(g) Additional Class I areas. The following submittals must be made by Transport Region States implementing the provisions of this section as the basis for demonstrating reasonable progress for additional Class I areas in the Transport Region States. If a Transport Region State submits an implementation plan which is approved by EPA as meeting the requirements of this section, it will be deemed to comply with the requirements for reasonable progress for the period from approval of the plan to 2018.

(1) In the plan submitted for the 16 Class I areas no later than December 31, 2003, a declaration indicating whether other Class I areas will be addressed under §51.308 or paragraphs (g)(2) and (3) of this section.

(2) In a plan submitted no later than December 31, 2008, provide a demonstration of expected visibility conditions for the most impaired and least impaired days at the additional mandatory Class I Federal area(s) based on emissions projections from the long-term strategies in the implementation plan. This demonstration may be based on assessments conducted by the States and/or a regional planning body.

(3) In a plan submitted no later than December 31, 2008, provide revisions to the plan submitted under paragraph (c) of this section, including provisions to establish reasonable progress goals and implement any additional measures necessary to demonstrate reasonable progress for the additional mandatory Federal Class I areas. These revisions must comply with the provisions of §51.308(d)(1) through (4).

(4) The following provisions apply for Transport Region States establishing reasonable progress goals and adopting any additional measures for Class I areas other than the 16 Class I areas under paragraphs (g)(2) and (3) of this section.

(i) In developing long-term strategies pursuant to §51.308(d)(3), the State may build upon the strategies implemented under paragraph (d) of this section, and take full credit for the visibility improvement achieved through these strategies.

(ii) The requirement under §51.308(e) related to Best Available Retrofit Technology for regional haze is deemed to be satisfied for pollutants addressed by the milestones and backstop trading program if, in establishing the emission reductions milestones under paragraph (f) of this section, it is shown that greater reasonable progress will be achieved for these Class I areas than would be achieved through the application of source-specific BART emission limitations under §51.308(e)(1).

(iii) The Transport Region State may consider whether any strategies necessary to achieve the reasonable progress goals required by paragraph (g)(3) of this section are incompatible with the strategies implemented under paragraph (d) of this section to the extent the State adequately demonstrates that the incompatibility is related to the costs of the compliance, the time necessary for compliance, the energy and no air quality environmental impacts of compliance, or the remaining useful life of any existing source subject to such requirements.

(h) Emissions Reduction Program for Major Industrial Sources of Sulfur Dioxide. The first implementation plan submission must include a stationary source emissions reductions program for major industrial sources of sulfur dioxide that meets the following requirements:

(1) Regional sulfur dioxide milestones. The plan must include the milestones in Table 1, and provide for the adjustments in paragraphs (h)(1)(i) through (iv) of this section. Table 1 follows:

Table 1_Sulfur Dioxide Emissions Milestones
------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
------------------------------------------------------------------------
. . . and the
. . . if BHP San . . . if neither emission
Manuel and BHP San Manuel inventories for
Phelps Dodge nor Phelps Dodge these years will
Hidalgo resume Hidalgo resumes determine
For the year . . . operation, the operation, the whether
maximum regional minimum regional emissions are
sulfur dioxide sulfur dioxide greater than or
milestone is . . milestone is . . less than the
. . milestone:
------------------------------------------------------------------------
2003.............. 720,000 tons.... 682,000 tons.... 2003.
2004.............. 720,000 tons.... 682,000 tons.... Average of 2003
and 2004.
2005.............. 720,000 tons.... 682,000 tons.... Average of 2003,
2004 and 2005.
2006.............. 720,000 tons.... 682,000 tons.... Average of 2004,
2005 and 2006.
2007.............. 720,000 tons.... 682,000 tons.... Average of 2005,
2006 and 2007.
2008.............. 718,333 tons.... 680,333 tons.... Average of 2006,
2007 and 2008.
2009.............. 716,667 tons.... 678,667 tons.... Average of 2007,
2008 and 2009.
2010.............. 715,000 tons.... 677,000 tons.... Average of 2008,
2009 and 2010.
2011.............. 715,000 tons.... 677,000 tons.... Average of 2009,
2010 and 2011.
2012.............. 715,000 tons.... 677,000 tons.... Average of 2010,
2011 and 2012.
2013.............. 695,000 tons.... 659,667 tons.... Average of 2011,
2012 and 2013.
2014.............. 675,000 tons.... 642,333 tons.... Average of 2012,
2013 and 2014.
2015.............. 655,000 tons.... 625,000 tons.... Average of 2013,
2014 and 2015.
2016.............. 655,000 tons.... 625,000 tons.... Average of 2014,
2015 and 2016.
2017.............. 655,000 tons.... 625,000 tons.... Average of 2015,
2016 and 2017.
2018.............. 510,000 tons.... 480,000 tons.... Year 2018 only.
Each year after no more than no more than 3-year average
2018. 510,000 tons 480,000 tons of the year and
unless the unless the the two
milestones are milestones are previous years,
replaced with a replaced with a or any
different different alternative
program that program that provided in any
meets any BART meets any BART future plan
and reasonable and reasonable revisions under
progress progress §
requirements requirements 51.308(f).
established in established in
§ 51.309. § 51.309.
------------------------------------------------------------------------

(i) Adjustment for States and Tribes Which Choose Not to Participate in the Program, and for Tribes that opt into the program after the 2003 deadline. If a State or Tribe chooses not to submit an implementation plan under the option provided in §51.309, or if EPA has not approved a State or Tribe's implementation plan by the date of the draft determination required by §51.309(h)(3)(ii), the amounts for that State or Tribe which are listed in Table 2 must be subtracted from the milestones that are included in the implementation plans for the remaining States and Tribes. For Tribes that opt into the program after 2003, the amounts in Table 2 or 4 will be automatically added to the milestones that are included in the implementation plans for the participating States and Tribes, beginning with the first year after the tribal implementation plan implementing §51.309 is approved by the Administrator. The amounts listed in Table 2 are for purposes of adjusting the milestones only, and they do not represent amounts that must be allocated under any future trading program. Table 2 follows:

Table 2_Amounts Subtracted From the Milestones for States and Tribes Which Do Not Exercise the Option Provided by § 51.309
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State or tribe 2003 2004 2005 2006 2007 2008 2009 2010
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1. Arizona...................................................... 117,372 117,372 117,372 117,372 117,372 117,941 118,511 119,080
2. California................................................... 37,343 37,343 37,343 37,784 37,343 36,363 35,382 34,402
3. Colorado..................................................... 98,897 98,897 98,897 98,897 98,897 98,443 97,991 97,537
4. Idaho........................................................ 18,016 18,016 18,016 18,016 18,016 17,482 16,948 16,414
5. Nevada....................................................... 20,187 20,187 20,187 20,187 20,187 20,282 20,379 20,474
6. New Mexico................................................... 84,624 84,624 84,624 84,624 84,624 84,143 83,663 83,182
7. Oregon....................................................... 26,268 26,268 26,268 26,268 26,268 26,284 26,300 26,316
8. Utah......................................................... 42,782 42,782 42,782 42,782 42,782 42,795 42,806 42,819
9. Wyoming...................................................... 155,858 155,858 155,858 155,858 155,858 155,851 155,843 155,836
10. Navajo Nation............................................... 53,147 53,147 53,147 53,147 53,147 53,240 53,334 53,427
11. Shoshone-Bannock Tribe of the Fort Hall Reservation......... 4,994 4,994 4,994 4,994 4,994 4,994 4,994 4,994
12. Ute Indian Tribe of the Uintahand Ouray Reservation......... 1,129 1,129 1,129 1,129 1,129 1,131 1,133 1,135
13. Wind River Reservation...................................... 1,384 1,384 1,384 1,384 1,384 1,384 1,384 1,384

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State or tribe 2011 2012 2013 2014 2015 2016 2017 2018
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1. Arizona...................................................... 119,080 119,080 116,053 113,025 109,998 109,998 109,998 82,302
2. California................................................... 34,402 34,402 33,265 32,128 30,991 30,991 30,991 27,491
3. Colorado..................................................... 97,537 97,537 94,456 91,375 88,294 88,294 88,294 57,675
4. Idaho........................................................ 16,414 16,414 15,805 15,197 14,588 14,588 14,588 13,227
5. Nevada....................................................... 20,474 20,474 20,466 20,457 20,449 20,449 20,449 20,232
6. New Mexico................................................... 83,182 83,182 81,682 80,182 78,682 78,682 78,682 70,000
7. Oregon....................................................... 26,316 26,316 24,796 23,277 21,757 21,757 21,757 8,281
8. Utah......................................................... 42,819 42,819 41,692 40,563 39,436 39,436 39,436 30,746
9. Wyoming...................................................... 155,836 155,836 151,232 146,629 142,025 142,025 142,025 97,758
10. Navajo Nation............................................... 53,427 53,427 52,707 51,986 51,266 51,266 51,266 44,772
11. Shoshone-Bannock Tribe of the Fort Hall Reservation......... 4,994 4,994 4,994 4,994 4,994 4,994 4,994 4,994
12. Ute Indian Tribe of the Uintahand Ouray Reservation......... 1,135 1,135 1,135 1,135 1,135 1,135 1,135 1,135
13. Northern Arapaho and Shoshone Tribes of the Wind River 1,384 1,384 1,384 1,384 1,384 1,384 1,384 1,384
Reservation....................................................
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(ii) Adjustment for Future Operation of Copper Smelters.

(A) The plan must provide for adjustments to the milestones in the event that Phelps Dodge Hidalgo and/or BHP San Manuel resume operations or that other smelters increase their operations.

(B) The plan must provide for adjustments to the milestones according to Tables 3a and 3b except that if either the Hidalgo or San Manuel smelters resumes operation and is required to obtain a permit under 40 CFR 52.21 or 40 CFR 51.166, the adjustment to the milestone must be based upon the levels allowed by the permit. In no instance may the adjustment to the milestone be greater than 22,000 tons for the Phelps Dodge Hidalgo, greater than 16,000 tons for BHP San Manuel, or more than 30,000 tons for the combination of the Phelps Dodge Hidalgo and BHP San Manuel smelters for the years 2013 through 2018. Tables 3a and 3b follow:

Table 3a_Adjustments to the Milestones for Future Operations of Copper
Smelters
------------------------------------------------------------------------
. . . then you
calculate the
milestone by
Scenario If this happens and this happens adding this
. . . . . . amount to the
value in column
3 of Table 1
------------------------------------------------------------------------
1.................. Phelps Dodge Phelps Dodge A. Beginning
Hidalgo resumes Hidalgo resumes with the year
operation, but production that
BHP San Manuel consistent with production
does not. past operations resumes, and
and emissions. for each year
up to the year
2012, the
milestone
increases by:
(1) 22,000 tons
PLUS
(2) Any amounts
identified in
Table 3b.
B. For the
years 2013
through 2018,
the milestone
increases by
this amount or
by 30,000
tons,
whichever is
less.
2.................. Phelps Dodge Phelps Dodge A. Beginning
Hidalgo resumes Hidalgo resumes with the year
operation, but operation in a that
BHP San Manuel substantially production
does not. different resumes, and
manner such for each year
that emissions up to the year
will be less 2012, the
than for past milestone
operations (an increases by:
example would (1) Expected
be running only emissions for
one portion of Phelps Dodge
the plant to Hidalgo (not
produce sulfur to exceed
acid only). 22,000 tons),
PLUS
(2) Any amounts
identified in
Table 3b.
B. For the
years 2013
through 2018,
the milestone
increases by
this amount or
by 30,000
tons,
whichever is
less.
3.................. BHP San Manuel BHP San Manuel A. 16,000 tons
Manuel resumes resumes PLUS
operation, but production B. Any amounts
Phelps Dodge consistent with identified in
Hidalgo does past operations Table 3b.
not. and emissions.
4.................. BHP San Manuel BHP San Manuel A. Expected
resumes resumes emissions for
operation, but operations in a BHP (not to
Phelps Dodge substantially exceed 16,000
Hidalgo does different tons) PLUS
not. manner such B. Any amounts
that emissions identified in
will be less Table 3b.
than for past
operations (an
example would
be running only
one portion of
the plant to
produce sulfur
acid only).
5.................. Both Phelps Both smelters A. Beginning
Dodge Hidalgo resume with the year
and BHP San production that
Manuel resume consistent with production
operations. past operations resumes, and
and emissions. for each year
up to the year
2012, the
milestone
increase by
38,000 tons.
B. For the
years 2013
through 2018,
the milestone
increases by
30,000 tons.
6.................. Both Phelps Phelps Dodge A. For the year
Dodge Hidalgo Hidalgo resumes that
and BHP San production production
Manuel resume consistent with resumes, and
operations. past operations for each year
and emissions, up to the year
but BHP San 2012, the
Manuel resumes milestone
operations in a increases by:
substantially (1) 22,000 PLUS
different (2) Expected
manner such emissions for
that emissions San Manuel
will be less (not to exceed
than for past 16,000 tons).
operations (an B. For the
example would years 2013
be running only though 2018,
one portion of the milestone
the plant to increases by
produce sulfur this same
acid only). amount, or by
30,000 tons,
whichever is
less.
7.................. Both Phelps BHP San Manuel A. For the year
Dodge Hidalgo resume that
and BHP San production production
Manuel resumes consistent with resumes, and
operations. the past for each year
operations and up to the year
emissions, but 2012,
Phelps Dodge milestone
Hidalgo resumes increases by:
operations in a (1) 16,000 PLUS
substantially (2) Expected
different Hidalgo
manner such emissions (not
that emissions to exceed
will be less 22,000 tons).
than for past B. For the
operations (an years 2013
example would though 2018,
be running only the milestone
one portion of increases by
the plant to this same
produce sulfur amount, or by
acid only). 30,000 tons,
whichever is
less.
8.................. Both Phelps ................ A. Any amounts
Dodge Hidalgo identified in
and BHP San Table 3b.
Manuel do not
resume
operations.
------------------------------------------------------------------------

Table 3b_Adjustments for Certain Copper Smelters Which Operate Above
Baseline Levels
[In tons]
------------------------------------------------------------------------
. . . the
complies with milestone
existing increases by
permits but the difference
has actual between actual
Where it applies in table 3a, if the annual emissions and
following smelter . . . emissions that the baseline
exceed the level, or the
following following
baseline level amount,
. . . whichever is
less
------------------------------------------------------------------------
Asarco Hayden........................... 23,000 3,000
BHP San Manuel.......................... 16,000 1,500
Kennecott Salt Lake..................... 1,000 100
Phelps Dodge Chino...................... 16,000 3,000
Phelps Dodge Hidalgo.................... 22,000 4,000
Phelps Dodge Miami...................... 8,000 2,000
------------------------------------------------------------------------

(iii) Adjustments for changes in emission monitoring or calculation methods. The plan must provide for adjustments to the milestones to reflect changes in sulfur dioxide emission monitoring or measurement methods for a source that is included in the program, including changes identified under paragraph (h)(2)(iii)(D) of this section. Any such adjustment based upon changes to emissions monitoring or measurement methods must be made in the form of an implementation plan revision that complies with the procedural requirements of §51.102 and §51.103. The implementation plan revision must be submitted to the Administrator no later than the first due date for a periodic report under paragraph (d)(10) of this section following the change in emission monitoring or measurement method.

(iv) Adjustments for changes in flow rate measurement methods for affected sources under 40 CFR 72.1. For the years between 2003 and 2017, the implementation plan must provide for adjustments to the milestones for sources using the methods contained in 40 CFR part 60, appendix A, Methods 2F, 2G, and 2H. For any year for which such an adjustment has not yet been made to the milestone, the implementation plan must provide for an adjustment to the emissions reporting to ensure consistency. The implementation plan must provide for adjustments to the milestones by no later than the date of the periodic plan revision required under §51.309(d)(10).

(v) Adjustments due to enforcement actions arising from settlements. The implementation plan must provide for adjustments to the milestones, as specified in paragraph (h)(1)(vii) and (viii) of this section, if:

(A) An agreement to settle an action, arising from allegations of a failure of an owner or operator of an emissions unit at a source in the program to comply with applicable regulations which were in effect during the base year, is reached between the parties to the action;

(B) The alleged failure to comply with applicable regulations affects the assumptions that were used in calculating the source's base year and forecasted sulfur dioxide emissions; and

(C) The settlement includes or recommends an adjustment to the milestones.

(vi) Adjustments due to enforcement actions arising from administrative or judicial orders. The implementation plan must also provide for adjustments to the milestones as directed by any final administrative or judicial order, as specified in paragraph (h)(1)(vii) and (viii) of this section. Where the final administrative or judicial order does not include a reforecast of the source's baseline, the State or Tribe shall evaluate whether a reforecast of the source's baseline emissions is appropriate.

(vii) Adjustments for enforcement actions. The plan must provide that, based on paragraph (h)(1)(v) and (vi) of this section, the milestone must be decreased by an appropriate amount based on a reforecast of the source's decreased sulfur dioxide emissions. The adjustments do not become effective until after the source has reduced its sulfur dioxide emissions as required in the settlement agreement, or administrative or judicial order. All adjustments based upon enforcement actions must be made in the form of an implementation plan revision that complies with the procedural requirements of §§51.102 and 51.103.

(viii) Documentation of adjustments for enforcement actions. In the periodic plan revision required under 51.309(d)(10), the State or Tribe shall include the following documentation of any adjustment due to an enforcement action:

(A) Identification of each source under the State or Tribe's jurisdiction which has reduced sulfur dioxide emissions pursuant to a settlement agreement, or an administrative or judicial order;

(B) For each source identified, a statement indicating whether the milestones were adjusted in response to the enforcement action;

(C) Discussion of the rationale for the State or Tribe's decision to adjust or not to adjust the milestones; and

(D) If extra SO2 emissions reductions (over and above those reductions needed for compliance with the applicable regulations) were part of an agreement to settle an action, a statement indicating whether such reductions resulted in any adjustment to the milestones or allowance allocations, and a discussion of the rationale for the State or Tribe's decision on any such adjustment.

(ix) Adjustment based upon program audits. The plan must provide for appropriate adjustments to the milestones based upon the results of program audits. Any such adjustment based upon audits must be made in the form of an implementation plan revision that complies with the procedural requirements of §§51.102 and 51.103. The implementation plan revision must be submitted to the Administrator no later than the first due date after the audit for a periodic report under paragraph (d)(10) of this section.

(x) Adjustment for individual sources opting into the program. The plan may provide for adjustments to the milestones for any source choosing to participate in the program even though the source does not meet the 100 tons per year criterion for inclusion. Any such adjustments must be made in the form of an implementation plan revision that complies with the procedural requirements of §§51.102 and 51.103.

(2) Requirements for monitoring, recordkeeping and reporting of actual annual emissions of sulfur dioxide—(i) Sources included in the program. The implementation plan must provide for annual emission monitoring and reporting, beginning with calendar year 2003, for all sources with actual emissions of sulfur dioxide of 100 tons per year or more as of 2003, and all sources with actual emissions of 100 tons or more per year in any subsequent year. States and Tribes may include other sources in the program, if the implementation plan provides for the same procedures and monitoring as for other sources in a way that is federally enforceable.

(ii) Documentation of emissions calculation methods. The implementation plan must provide documentation of the specific methodology used to calculate emissions for each emitting unit included in the program during the base year. The implementation plan must also provide for documentation of any change to the specific methodology used to calculate emissions at any emitting unit for any year after the base year.

(iii) Recordkeeping. The implementation plan must provide for the retention of records for at least 10 years from the establishment of the record. If a record will be the basis for an adjustment to the milestone as provided for in paragraph (h)(1) of this section, that record must be retained for at least 10 years from the establishment of the record, or 5 years after the date of the implementation plan revision which reflects the adjustment, whichever is longer.

(iv) Completion and submission of emissions reports. The implementation plan must provide for the annual collection of emissions data for sources included within the program, quality assurance of the data, public review of the data, and submission of emissions reports to the Administrator and to each State and Tribe which has submitted an implementation plan under this section. The implementation plan must provide for submission of the emission reports by no later than September 30 of each year, beginning with reports due September 30, 2004 for emissions from calendar year 2003. For sources for which changes in emission quantification methods require adjustments under paragraph (h)(1)(iii) of this section, the emissions reports must reflect the method in place before the change, for each year until the milestone has been adjusted. If each of the States which have submitted an implementation plan under this section have identified a regional planning organization to coordinate the annual comparison of regional SO2 emissions against the appropriate milestone, the implementation plan must provide for reporting of this information to the regional planning body.

(v) Exceptions reports. The emissions report submitted by each State and Tribe under paragraph (h)(2)(ii) of this section must provide for exceptions reports containing the following:

(A) Identification of any new or additional sulfur dioxide sources greater than 100 tons per year that were not contained in the previous year emissions report;

(B) Identification of sources shut down or removed from the previous year emissions report;

(C) Explanation for emissions variations at any covered source that exceed plus or minus 20 percent from the previous year's emissions report;

(D) Identification and explanation of changed emissions monitoring and reporting methods at any source. The use of any changed emission monitoring or reporting methods requires an adjustment to the milestones according to paragraph (h)(1)(iii) of this section.

(vi) Reporting of emissions for the Mohave Generating Station for the years 2003 through 2006. For the years 2003, 2004, 2005, and for any part of the year 2006 before installation and operation of sulfur dioxide controls at the Mohave Generating Station, emissions from the Mohave Generating Station will be calculated using a sulfur dioxide emission factor of 0.15 pounds per million BTU.

(vii) Special provision for the year 2013. The implementation plan must provide that in the emissions report for calendar year 2012, which is due by September 30, 2013 under paragraph (h)(2)(iv) of this section, each State has the option of including calendar year 2018 emission projections for each source, in addition to the actual emissions for each source for calendar year 2012.

(3) Annual comparison of emissions to the milestone—(i) The implementation plan must provide for a comparison each year of annual SO2 emissions for the region against the appropriate milestone. In making this comparison, the State or Tribe must make the comparison, using its annual emissions report and emissions reports from other States and Tribes reported under paragraph (h)(2)(iv) of this section.

(ii) The implementation plan must provide for the State or Tribe to make available to the public a draft report comparing annual emissions to the milestone by December 31 of each year. The first draft report, comparing annual emissions in 2003 to the year 2003 milestone will be due December 31, 2004.

(iii) The implementation plan must provide for the State or Tribe to submit to the Administrator a final determination of annual emissions by March 31 of the following year. The final determination must state whether or not the annual emissions for the year exceed the appropriate milestone.

(iv) A State or Tribe may delegate its responsibilities to prepare draft reports and reports supporting the final determinations under paragraphs (h)(3)(i) through (iii) of this section to a regional planning organization designated by each State or Tribe submitting an approvable plan under this section.

(v) Special considerations for year 2012 report. If each State or Tribe submitting an approvable plan under this section has included calendar year 2018 emission projections under paragraph (h)(2)(vii) of this section, then the report for the year 2012 milestone which is due by December 31, 2013 under paragraph (h)(3)(ii) of this section may also include a comparison of the regional year 2018 emissions projection with the milestone for calendar year 2018. If the report indicates that the year 2018 milestone will be exceeded, then the State or Tribe may choose to implement the market trading program beginning in the year 2018, if each State or Tribe submitting an approvable plan under this section agrees.

(vi) Independent review. The implementation plan must provide for reviews of the annual emissions reporting program by an independent third party. This independent review is not required if a determination has been made under paragraph (h)(3)(iii) of this section to implement the market trading program. The independent review shall be completed by the end of 2006, and every 5 years thereafter, and shall include an analysis of:

(A) The uncertainty of the reported emissions data;

(B) Whether the uncertainty of the reported emissions data is likely to have an adverse impact on the annual determination of emissions relative to the milestone; and,

(C) Whether there are any necessary improvements for the annual administrative process for collecting the emissions data, reporting the data, and obtaining public review of the data.

(4) Market trading program. The implementation plan must provide for implementation of a market trading program if the determination required by paragraph (h)(3)(iii) of this section indicates that a milestone has been exceeded. The implementation plan must provide for the option of implementation of a market trading program if a report under paragraph (h)(3)(v) of this section indicates that projected emissions for the year 2018 will exceed the year 2018 milestone. The implementation plan must provide for a market trading program whose provisions are substantively the same for each State or Tribe submitting an approvable plan under this section. The implementation plan must include the following market trading program provisions: (continued)