# Presentation: 417586

## Designations & Classifications for the 8-hour Ozone NAAQS

- U.S. EPA
- Office of Air Quality Planning and Standards

## Here’s what we’ll cover

- Brief background
- How **designations** and **classifications** were determined
- A national look
- Determining nonattainment boundaries 11 factors
- Where to find more information

## What is a nonattainment area?

*“**. . . any area that does not meet **(or that contributes to ambient air quality in a nearby area that does not meet) **the NAAQS”*
- CAA §107(d)(1)(A)(i)

## Background & history

- 1-hr, .12 ppm ozone standard promulgated in 1979.
- 8-hr, .08 ppm ozone standard promulgated in 1997.
- Final 8-hr. designations & classifications signed on 4/15/04 (published 4/30/04 in 69 FR 23858).

**Background & history**

## Background & history (con’d)

- 8-hr. classification scheme originates in April 2004 implementation rule.
- Based on the 1-hr approach.
- Control requirements tied to the applicable subpart and the area’s classification.

## How were 8-hour designations and classifications determined?

## Slide 7

## CAA Table 181 Conversion 

**CAA Table 181 Conversion **

## Slide 9

## How the areas sorted out

**71 subpart 1  “Basic” areas***
**Generally below .121 ppm (1-hr.)**
**Flexibility**
**41* subpart 2 areas**** **
**Have a classification**
**Mandated controls         **
***Excludes EAC areas**

## National summary

- 474 counties designated
-     nonattainment
- 432 whole counties
- 42 partial counties
- ~159 million live in these areas

## A closer look . . . . 

**A closer look . . . .**** **

- *

- * **Does not equal sum of parts as some counties are split into two classifications****. **

## 9 Reclassifications – all Moderate to Marginal

- Effective November 22, 2004:
- Cass Co., MI
- Muskegon Co., MI
- Detroit
- Greensboro, NC
- Kent/Queen Anne Cos., MD
- Lancaster, PA
- LaPorte, IN
- Memphis
- Richmond, VA

## Attainment Dates

**Subpart 1 areas have 5 -10 years**
**Subpart 2: based on classification**
**Marginal – 3 **
**Moderate – 6 **
**Serious – 9  **
**Severe – 15  **
**Extreme – 20 **

## How were nonattainment boundaries determined?

## 11 factors to determine whether to exclude a county  

**11 factors to determine whether to exclude a county****  **

## 11 factors (con’d)  

## How designation and classification affect an area

## Where can I find more information?

## Green Book ...        http://www.epa.gov/oar/oaqps/greenbk/o8index.html

**Green Book**** ****...****        ****http://www.epa.gov/oar/oaqps/greenbk/o8index.html**

## Or . .  . 

*69 FR 23858 (April 30, 2004)*
- or . . .
- Sharon Reinders
- reinders.sharon@epa.gov

## Slide 22

##  Early Action Compacts for 8-hr Ozone NAAQS  

- U.S. EPA
- Office of Air Quality Planning and Standards

## What are Early Action Compacts (EACs)?
What are EAC areas required to do?
Where are EAC areas located?
What innovative measures are planned?

- What are EAC areas required to do?
- Where are EAC areas located?
- What innovative measures are planned?

**What does this presentation cover?**

## What are EACs? 

- Voluntary agreements –   EPA/State/Local
- Innovative approach to cleaner air
- Encourage communities to act early         to reduce ozone sooner than required
- Commit to early SIP, early    implementation

## What are EACs? 

- EAC areas required to meet certain milestones
- Area designated nonattainment with deferred effective date
- Nonattainment area requirements are  not applicable if all milestones met

## What is required?(EAC Milestones)

- Agreements signed December 2002
- Preliminary measures identified   June 2003
- Local air quality plan submitted March 2004

## What is required?(EAC Milestones)

- State submits SIP by December 2004
- Control measures implemented in 2005
- Progress assessment due 2006
- EAC areas must attain 8-hr ozone standard by December 2007

## Where are EAC areas and  how many received “deferrals?

- Compacts approved for 33 areas       in 9 States
- 14 areas received “deferred nonattainment designation”
- Deferral extends to September 2005 with options for renewal

**Where are EAC areas and  how many received “deferrals?**

## Slide 30

## Specific Examples of Innovative Measures in EAC Areas

- Truck Stop Electrification
- School bus/diesel engine retrofits
- Urban Heat Island Reduction/Cool Cities
- Energy Efficiency/Renewable Energy

## What’s next for EAC areas?

-  9/30/05  - EPA final action
- Areas with approved SIPs          eligible for continued deferral
- Areas with disapproved SIPs designated nonattainment

**What’s next for EAC areas****?**

##    For more information ... 

**   ****For more information ...**
-    www.epa.gov/ttn/naaqs/ozone/eac

## Slide 34

## 8-Hour Ozone NAAQS Implementation RuleFinal Rule—Phase 1 Highlights

**Office of Air Quality Planning and Standards**
**U.S. Environmental Protection Agency**

- 9/24/04

## Chronology -- 8-hour Ozone Implementation Rule

- Proposed June 2, 2003.
- Comment period closed August 1, 2003.
- Additional comment period on rule language closed September 5, 2003.
- Re-opened the comment period -- additional classification approaches; closed November 5.

## Status of 8-hour Ozone Implementation Rule

- Final rule to be issued in 2 phases:
- Phase 1:
- Classifications, transition/anti-backsliding, revocation of 1-hour std., attainment dates, attainment date extensions, timing of emission reductions needed for attainment

## Status of 8-hour Ozone Implementation Rule

- Phase 1 (cont’d)
- Signed 4/15/2004
- Published 4/30/2004
- Effective 6/15/2004

## Status of 8-hour Ozone Implementation Rule

- Phase 2:
- Remainder of rule elements (e.g., RACT, RFP, attainment demonstrations; 8-hr NSR)
- Planning for signature fall 2004

## Separate 8-hour nonattainment areas based on 1-hr design values 
< 0.121 ppm -- Subpart 1 (attainment dates 5 or 10 years after designation)
=> than 0.121 ppm -- Subpart 2 (attainment dates 2007 – 2021)

- < 0.121 ppm -- Subpart 1 (attainment dates 5 or 10 years after designation)
- => than 0.121 ppm -- Subpart 2 (attainment dates 2007 – 2021)

- Classification in general

## Subpart 2 areas (cont’d) – classified using  “translated” 8-hour design values
Subpart 1 areas -- No classification except that rural areas that meet overwhelming transport criteria will receive that classification

- Subpart 1 areas -- No classification except that rural areas that meet overwhelming transport criteria will receive that classification

- Classification cont’d

## Attainment Dates

- Attainment “as expeditious as practicable but no later than . . . “
- Subpart 2 -- from 6/15/04:
- marginal – 3 years (2007)
- moderate – 6 years (2010)
- serious – 9 years (2013)
- severe – 15 or 17 years (2019/2021)
- extreme – 20 years (2024)

## Attainment Dates

- Subpart 1 no later than 5 years after effective date of designation or up to 10 years after designation under certain conditions

## Revocation of 1-hr std. 

- Complete revocation of 1-hr std.
*1 year* following designations
- Continued applicability of subpart 2 requirements
- Continued air quality improvement,
- Focus toward implementation of the 8-hour standard.
- Consistent with 1-year grace period for 8-hr O3 conformity.

## Anti-Backsliding

- Ensures areas continue to implement control measures and planning in their 1-hour plans after 1-hour std revoked
- (cont’d . . . )

## Anti-Backsliding

- Actual rule broken out by kind of area:
- 8-hr NA area/1-hr NA area
- 8-hr NA area/1-hr maintenance area
- 8-hr attain. area/1-hr NA area
- 8-hr attain. area/1-hr maintenance area

## Anti-backsliding—duration of obligation

- Time subpart 2 measures (e.g., I/M) need to be in place after the 1-hour standard is revoked:  *until an area is redesignated to attainment for the 8-hour standard.*

## Anti-backsliding—duration of obligation

- After redesignation to attainment, subpart 2 measures could not be dropped but could be recast as contingency measures with a sect. 110(l) showing of noninterference with the 8-hr std.

## Anti-backsliding—other provisions

- Would also retain requirements under NOx SIP call
- Other provisions in SIP would remain but could be revised

## 1-hr NAAQS Obligations that Don’t Apply after Revocation

- Adopting the approach proposed rule with modifications
- Providing clarification regarding the penalty obligations under sections 181(b)(4) and 185A of the CAA that apply in severe areas that do not attain the 1-hour standard by the applicable attainment date.

## 1-hr NAAQS Obligations that Don’t Apply after Revocation

- Demonstrate conformity for the 1-hour NAAQS
- No findings of failure to attain the 1-hour standard (no more bump-ups & no and sect. 185 fees
- (cont’d. . .)

## 1-hr NAAQS Obligations that Don’t Apply after Revocation

- No second 10-year maintenance plan and obligation to implement contingency measures upon a violation of the 1-hour NAAQS.
- NSR for 1-hour NAAQS.

## Timeframe for emission reductions for attainment

- If an area needs more than the reductions required by RFP in order to demonstrate attainment, then any additional reductions would have to be achieved by the *beginning of the ozone season prior to the area’s attainment date.*

## Websites

- General Implementation site:
- _[http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/](http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/)_
- Federal Register notice & related material — phase 1:
- http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/proprule.html

## Slide 55

## 8-Hour Ozone NAAQS Implementation RuleFinal Rule—Phase 2 Major Components & Policy Issues

**Office of Air Quality Planning and Standard**
**U.S. Environmental Protection Agency**

- 9/24/04

## Reasonable Further Progress (RFP)

- What it’s for – Required to ensure progress toward attainment prior to attainment date
- Major Policy Issues
- RFP for subpart 1 areas (flexible approach or more prescriptive approach)
- Timing of plan submission & implementation of measures

## Reasonably Available Control Technology (RACT)

- What it’s for – Ensure minimum level of emission control technology for nonattainment areas
- Major Policy issues
- RACT for subpart 1 areas (flexible approach or more prescriptive approach) (cont’d . . .)

## Reasonably Available Control Technology (RACT)

- Major Policy issues (cont’d)
- Subpart 2 RACT
- Use of Previous Guidance
- Effect of NOx SIP call coverage
- Timing of plan submission & implementation of measures

## Attainment demonstrations & photochemical grid modeling 

- What it’s for – State must demonstrate analytically that emission reductions over time will achieve the NAAQS by the attainment date (cont’d . .

## Attainment demonstrations & photochemical grid modeling 

- Major Policy Issues
- Timing of submission
- Which subpart 1 areas need to submit modeled attainment demonstrations

## Long-range Transport

- What’s the problem – Many areas cannot attain the standard through only local control but must rely on controls from upwind areas
- Major Policy Issue – How should EPA address this problem?

## New Source Review

- What it’s for – Ensure that new sources locating in a nonattainment area will not interfere with attainment or progress toward attainment
- Major Policy Issue – How to structure existing NSR rule to address the 8-hour standard.

## Flexibility for Mandatory Measures under subpart 2

- Major Policy Issue – Can EPA allow waivers for subpart 2 mandatory measures?

## Once again--Website

- General Implementation site:
- _[http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/](http://www.epa.gov/ttn/naaqs/ozone/o3imp8hr/)_

## Slide 66

## New Source Review under the 8-hour Ozone NAAQS

- U.S. EPA
- Office of Air Quality Planning and Standards

## What does this presentation cover?

- NSR in Phase II Ozone Implementation Rule
- Implementing NSR Under the 8-hour Ozone NAAQS

## Nonattainment NSR in Phase II Ozone Implementation Rules

## NSR in Phase II Rule

- Changing nonattainment major NSR rules to implement the 8-hour ozone NAAQS.
- Changes to SIP rules (§51.165) and to Appendix S.
- Expected promulgation: Fall 2004.

## What will the Phase II rule include?

- Major Stationary Source Thresholds
- Significant Emission Rates
- Offset Ratios
- NOx as an Ozone Precursor in Ozone Nonattainment Areas
- Final Action on Transitional NSR Program Proposed June 2003

## Requirements in Subpart 1 (Basic) Areas 

| Major Stationary Source Threshold | 100 tpy VOC/NOx |
| --- | --- |
| Significant Emission Rate | 40 tpy VOC/NOx |
| Offset  Ratio | At least 1:1 |

## Major Stationary Source  Subpart 2 Areas

| Marginal | 100 tpy VOC/NOx |
| --- | --- |
| Moderate | 100 tpy VOC/NOx |
| Serious | 50 tpy VOC/NOx |
| Severe 15/17 | 25 tpy VOC/NOx |
| Extreme | 10 tpy VOC/NOx |

## Significant Emission Rate Subpart 2 Areas

| Marginal | 40 tpy VOC or NOx |
| --- | --- |
| Moderate | 40 tpy VOC or NOx |
| Serious | 25 tpy VOC or NOx |
| Severe 15/17 | 25 tpy VOC or NOx |
| Extreme | Any increase |

## Offset Ratios Subpart 2 Areas

| Marginal | At least 1.1:1 |
| --- | --- |
| Moderate | At least 1.15:1 |
| Serious | At least 1.2:1 |
| Severe 15/17 | At least 1.3:1 |
| Extreme | At least 1.5:1
 |

## Implementing NSR Under the 8-hr Ozone NAAQS

## When do the ozone NAAQS apply? 

- 1-hr NAAQS revoked June 15, 2005.
- 8-hr NAAQS effective June 15, 2004.
- From June 15, 2004 through June 14, 2005, designations and classifications for both 1-hr and 8-hr NAAQS will apply in some areas.

## Nonattainment Areas

**1-hour**

**8-hour**

## What about NSR SIPs?

- Approved NSR SIP at permit issuance determines permit terms.
- If no approved SIP applying to nonattainment area, States or EPA will issue permits meeting conditions in Appendix S.

**Notes:**
So that’s the NAAQS.  What’s the big picture about Steps 2 the SIP? Generally, it’s the SIP that’s in place that determines the permit terms and conditions.  Step 3- the permit? 

## What about NSR SIPs?

- States not required to keep NSR SIP that applied under the 1-hr standard once 1-hr standard revoked.
- Instead, States must establish an 8-hr NSR SIP program based on 8-hr ozone designation and classification.
- States must submit and EPA must approve 8-hr NSR SIPs before they apply.

**Notes:**
Let’s talk in more detail about Step 2- what’s in the SIP.

## What about NSR permits?

- Existing permits issued under the 1-hr NSR SIP remain in force.

## When does 1-hr NSR stop applying?

- New Source- see approved NSR SIP.
- In some areas, requirements cease to apply when 1-hr standard revoked.
- In other areas, need SIP revision before requirements no longer apply.
- Permits issued under the 1-hr NSR SIP remain in force.

## What about 1-hr permits?

|  | 2003 | 2006 |
| --- | --- | --- |
| NAAQS | 1-hr | 8-hr |
| Classification | serious | moderate |
| Major Source | 50 tpy | 100 tpy |
| PTE VOC | 79 tpy | 79 tpy |
| LAER | 18.62 lb/hr | 18.62 lb/hr
 |

## When does NSR apply in 8-hr areas?

- 8-hr nonattainment NSR began applying on June 15, 2004.
- Many States already have an approved NSR SIP that applies in 8-hr ozone nonattainment areas.
- If no approved nonattainment NSR program that applies to 8-hr ozone nonattainment area, the State or EPA will issue preconstruction permits under 40 CFR  Part 51, Appendix S.

## How does NSR apply in 1-hr/8-hr nonattainment areas?

- Approved NSR SIP remains in place until SIP revision approved.
- NSR SIP may not need revision to apply to 8-hr designations and classifications.
- 6-15-04 through 6-14-05, both 1-hr and 8-hr NAAQS are in effect and permits must be issued according to the higher classification that applies.

**Notes:**
We believe most NSR SIPs approved for 1-hr NAAQS would apply in 8-hr areas.  Check with EPA RO if not sure.

## What if 2 classifications apply?

| 1-hr
Serious | 50 tpy major source
≥ 1.2:1 offsets |
| --- | --- |
| 8-hr
Moderate | 100 tpy major source
≥ 1.15:1 offsets |
| Permit before 6-15-05
based on: | 50 tpy major source
≥ 1.2:1 offsets |

## Slide 87

## Slide 88