UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 2771 1



### AUG 

### 1 

## 5 2006

MEMORANDUM OFFICE OF AIR QUALITY PLANNING AND STANDARDS

SUBJECT: Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 1lO(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards
FROM: William T. Harnett, Director Air Quality Policy Division, OAQPS (C539-01)

TO: Regional Air Division Director, Regions 

### I-X The purpose of this memorandum is to provide guidance concerning the State implementationplan (SIP) submissions States should make to meet their currently outstanding obligationsunder section 11 O(a)(2)(D)(i).

The Environmental Protection Agency (EPA) has previously indicated through rulemakingwhat States affectedby the Clean Air Interstate Rule (CAIR)must do concerning emissions that significantly contribute to nonattainment or interfere with maintenance of the 8- hour ozone or fine particulates (PM2.5)National Ambient Air Quality Standard (NAAQS) in another State. This guidance, therefore, addresses what States that are not affected by the CAIR should consider in meeting the "significant contribution" and "interfere with maintenance" requirements of section 110(a)(2)(D)(i),and what all States (inside or outside the CARregion) should consider with respect to making submissions to meet the "prevention of significant deterioration" and "protect visibility" requirements of section 1lO(a)(2)(D)(i). Because the CARregion differs for purposes of 8-hour ozone and PM2,5,some States may be within the CARregion for purposes of one NAAQS, but not the other, and should make section 11 O(a)(2)(D)(i) SIP submissions that account for this distinction.

On July 18, 1997,EPA promulgated NAAQS for ozone and for fine particulate matter. Section 110(a)(l)of the Clean Air Act requires States to submit new SIPs to provide for the implementation, maintenance, and enforcement of new or revised NAAQS. Section 

### 11O(a)(2) lists the elements that the new SIP submissions must contain. Among other things, SIPs for new or revised NAAQS must contain adequate provisions to address interstate transport of air pollution, pursuant to section 11 O(a)(2)(D)(i).

Internet Address (URL) http://www.epa.gov RecycledlRecyclable .Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)Section 110(a)(l) explicitly provides that States must adopt and submit to the EPA Administrator new SIP submissions within 3 years after the promulgation of a new or revised NAAQS, meeting the provisions of 110(a)(2),as applicable. Therefore, States should have submitted SIPs to EPA for the 8-hour ozone NAAQS and the PM2.5 NAAQS by no later than July 2000. However, at this time no State has submitted a new SIP. We recognize that litigation
over both the &hour ozone NAAQS and the PM2.5NAAQS created substantialuncertainty as to how to proceed. Moreover, in the case of PM2.5, additional time was needed for creation of a monitoring network, collection of at least three years of data, and analysis ofthose data.

On April 25,2005, EPA published an action in the Federal Register making a finding that Stateshad failed to make statutorily required SIP submissionsfor the 8-hour ozone and PM2.5 NAAQS. The EPA explicitlylimited this finding of failureto submit to the requirements of section 11 0(a)(2)(D)(i)pertaining to interstate transport. The finding of failure to submit action started a 24-month clock for EPA to issue a final Federal Implementation Plan (FIP) to meet the requirements of section 110(a)(2)@)(i), for both the 8-hour ozone and PM2.5 standards, unless EPA instead approves a State SIP submissionto meet those requirements in advance of that date. The finding of failure to submit SIPSaddressing section 110(a)(2)(D)(i) is the first action required under a Consent Decree between EPA and plaintiffs who sued the Agency for failure to take action to require the submissionof new SIPs for the 8-hour ozone and PM2.5NAAQS, or to issue FIPs in lieu thereof. The EPA has also committed in the Consent Decree to take later actionsto determine whether States have submitted the remaining SIP elementsrequired by section 110(a)(l)and (2) for the 8-hour ozone and PM2.5NAAQS by no later than December 15, 2007, for ozone, and by no later than October 5,2008, for PM2.5. The Agency intends to provide Stateswith additional information concerning the remaining section 110(a)(l) and (2) SIP elements, in separate regulations or guidance documents.

We emphasize that this document is merely guidance and that States or EPA may elect to follow or deviate from thsguidance, as appropriate. The ultimate determinationof whether a given SIP submission by a state meets the statutory requirements of section 110(a)(2)(D)(i)will be accomplished through caseby case notice and comment rulemaking in whch the facts and circumstancesof each State submission will be evaluated by EPA. We ask that the EPA Regional Offices work with their respective States in the development of their SIP submissions. If you have questions concerning this guidance, please contact Mr. Larry D. Wallace (919) 541-0906. Please ensure that the appropriate air agency officials for the Statesin your Region are made aware of ths guidance.

### Attachment

cc: Margo Oge, OTAQ Steve Page, OAQPS Brian McLean, OAP Scott Mathias, AQPD Kevin McLean, OGC Barbara Driscoll, AQPD Lany Wallace, AQPD Kimber Scavo, AQPD Geoffrey Wilcox, OGC Norm Possiel, AQAD

### Guidance for State ImplementationPlan Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)@)(i) for the &Hour Ozone and 

### PMz.5 National Ambient Air Quality Standards

1. 

### Introduction:

This document provides guidance to States concerning State Implementation Plan (SIP) submissions that Statesmust make pursuant to section 11 O(a)(2)(D)(i). The Environmental ProtectionAgency (EPA) emphasizes that this guidance document merely provides suggestions and that States or EPA may elect to follow or deviate from this guidance, as appropriate. The ultimate determination ofwhether a given SIP submissionby a State meets the requirements of section 11 O(a)(2)(D)(i)will be accomplishedby area specificnotice and comment rulemaking in whch-thefacts and circumstancesof each State submission will be evaluated by EPA. Sections 110(a)(l) and (2) of the Clean Air Act (CAA), require Statesto submit SIPs that implement, maintain, and enforce a new or revised national ambient air quality standard (NAAQS) within 3 

### years following the promulgation of the standard. In July 1997, EPA issued the 8-hour ozone and PM2.5NAAQS. Stateswere thus required to submit SIPs that satisfy the applicable CAA requirements under section 110(a)(l) and (2) for these NAAQS by July 2000. Among the SIP elements identified in section 110(a)(2)is the requirement to address interstate transport ofpollutantspursuant to section 110(a)(2)(D)(i). The. EPA has determined that section 11 O(a)(2)(D)(i)is among the SIP requirementswith which Statesmust comply in accordance with the schedule of section 1lO(a)(l).'

On April 25, 2005, EPA notified States of their failure to make the required SIP submission addressing interstatetransport ofpollutantsrelated to ozone and PM2.5 in downwind ~tates.~
Pursuant to section 110(c),EPAYs April 25,2005 finding of failure to submit started a 24-month clock for EPA to issue a final Federal Implementation Plan (FIP) to address the requirements of section 11 O(a)(2)(D)(i), unless a Statemakes the required submission and'EPA approves such submission within that 24-month period. The 24-month FIP clock began on

'See, "Rule to Reduce InterstateTransport of Fine Particulate Matter and Ozone (Clean &=erstate Rule); Revisions to Acid Rain Program; Revisions to the NO, SIP Call; Final Rule," 70 FR 25,162 at 25,263-69 (May 12,2005).

2

### See, "Finding of Failure to Submit Section 1 10 State Implementation Plans for InterstateTransport for the National Ambient Air Quality Standardsfor 8-Hour Ozone and PM 2.5," 70 FR 21,147 (April 25,2005).May 25,2005, the effective date of the finding of failure to submit, and will end on May 25, 2007.

The EPAYs finding of failure to submit SIPs that address section 1lO(a)(2)(D)(i) is the first action required under a Consent ~ecree.~ Under the Consent Decree, EPA is also obligated to make later determinationsas to whether States have made the required SIP submissionsto meet the remaining applicable requirements of section 110(a)(l) and (2). The EPA is obligated to make these later determinationsby December 15,2007, for SIP submissionsfor the 8-hour
ozoneNAAQS, and by October 5,2008, for SIP submissionspertaining to the PM2.5 NAAQS.

The EPA believes that Section 

### 1lO(a)(2)(D)(i)provides an important tool for attainment and maintenance of the NAAQS by addressing the problem of interstatetransport of air pollutants. This provision applies to each pollutant covered by a NAAQS and to all areas of each State regardless of the attainment or nonattainment designation of such area's. Section 1lO(a)(2)(D)(i) specifically provides that each State's SIP must contain adequateprovisions to prohibit air pollutant emissions from within the State that significantly contributeto nonattainment of the NAAQS, or that interfere with maintenance of the NAAQS, in any other State. 

### In addition,this section requires that each State's SIP must contain adequate provisions to prohibit emissions of air pollutants within the State that interferewith measures required to prevent significant deteriorationof air quality or to protect visibility in any other State.

The EPA intends to provide additional information to States concerning the remaining section 110(a)(l) and (2) SIP elements, either in regulations implementing the 8-hour ozone or PM2.5 NAAQS, or in later guidance documents.

2. What is required under section 1lO(a)(2)(D)(i):

Section 110(a)(l)requires States to make a SIP submission for a new or revised NAAQS within 3 years ofpromulgation of such new or revised NAAQS.

Section 110(a)(2)lists the elements those SIPsmust contain. For example, this section lists certain SIP infrastructure elementsrelated to the new or revised standards such as requirements for provisions pertaining to modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the standards. 

### An important SIP element

3The Consent Decree is between Environmental Defense and American Lung Association, as plaintiffs, and EPA, as defendant, signed March 10,2005. The Consent Decree resolved the case entitled "Environmental Defense, et al. v. Johnson," No. 1:05CV00493(D.D.C.). EPA gave notice of, and took comment on, the proposed consent decree in accordance with CAA section 113(g). 

### See, 70 FR 15,623 (March 28,2005).listed in section 110(a)(2)is the requirement that States address emissions that impact other States through interstate transport.

The "good neighbor" provisions in section 11 O(a)(2)(D)(i)require each Stateto submit a SIP that prohibits emissionsthat adversely affect another State in the ways contemplated in the statute. Section 1lO(a)(2)(D)(i) contains four distinct requirements related to the impacts of interstate transport. Each State must submit a SIP which contains adequateprovisions: prohbiting



### ... any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will 

### - (I) contribute significantlyto nonattainrnent in, or interfere with maintenance by, any other State with respect to any


### ...national primary or secondary air quality standard, or (11) interfere with measuresrequired to be included in the applicable implementation plan for any other State



### .... to prevent significant deterioration of air quality or to protect visibility.

The EPA's April 25,2005 finding of failure to submit reflected EPA's determinationthat Stateshad not yet made SIP submissions for the 8-hour ozone and PM2.5 NAAQS necessary to meet the requirements of section 110(a)(2)(D)(i). The precise nature and contents of such a submission is not stipulated in the statute. EPA believes that the contents of the SIP submission required by section 1 1 O(a)(2)(D)(i)may vary dependingupon the facts and circumstances related to the specific NAAQS. 

### In particular, the data and analytical tools available at the time the State develops and submits a SIP for a new or revised NAAQS necessarily affects the content of the required submission. 

### In some instances, this submission may be more detailed and substantive,as when existing data and analyses already provide the requisite information. 

### In other instances, the submission may be more preliminary and simplified, as when there is currently insufficient information to support a determinationthat there are interstatetransport impacts, or when other later regulatory actions are prerequisites to malung such a determination.

The sectionsbelow provide guidance concerning the types of SIP submissions that EPA believes would be appropriate in response to the April 25,2005, finding of failureto submit.3. 

### States subject to the Clean Air Interstate Rule:

In March of 2005, EPA promulgated the Clean Air InterstateRule (cAx).~ Based upon the requirements of section 

### 1 lO(a)(2)(D)(i), EPA determined in the CAIR that NOx emissions fi-om sources in 25 States and the District of Columbia contribute significantlyto nonattainment and interfere with maintenanceof the 8-hour ozone standard in other downwind States. The EPA also determinedthat SOzand NO, emissions from sources in 23 States and the District of Columbia contribute significantlyto nonattainment and interferewith maintenance of the PM 2.5 standards in other downwind States. Subsequently, EPA determined that two additional States contribute to nonattaipment and interfere with maintenanceof the PM2.5NAAQs.~(See Attachment A listing the States subject to the CAR).

In the CAIR, EPA concluded that the Stateswillmeet their section 110(a)(2)(D)(i) obligationsto address the "significant contribution" and "interference with maintenance" requirementsby complying with the CAIR requirements. Consequently, States within the CAR region need not submit a separate SIP revision to satisfy the section 1lO(a)(2)(D)(i)requirements provided that they submit a SIP revision to satisfy CAIR.

Pursuant to section 

### 110(a)(l), those Statesnot within the CAIR region must also make a submission with respect to those two requirements. Also in accordance with the statute, all States, both inside and outside the CAIR region must make a submissionwith respect to the "prevention of significant deterioration" and "protect visibility" requirements of section 110(a)(2)(D)(i). It should be noted that because the CAIR region differs for purposes of ozone and PM2,5, some States may be inside the CAIR region for purposes of one NAAQS, but outside the CARregion for the other, and should make section l,lO(a)(2)(D)(i)SIP submissionsthat account for this distinction. Accordingly, EPA has structured thsguidance to address the different types of considerationsthat States may need to evaluate in making their respective submissions.

,

4. 

### SIP Submissions from States pertaining to the "significant contribution" and "interfere with maintenance" requirementsof section 110(a)(2)@)(i):

Statesnot covered by the CAIR must make a section 1lO(a)(2)(D)(i) SIP submission addressing significant contributionto nonattainment and interference with maintenance ofthe 8-hour ozone and PM2.5 NAAQS in any other States.

4See, supra note 1. 

### %, Inclusion of Delaware and New Jersey in Clean Air Interstate Rule, 

### 71 

### FR 25288 (April 28,2006).The EPA anticipates,based upon existing information developed in connectionwith the CAR, that emissions from sourcesin States not covered by the CAIR do not contribute significantlyto nonattainment or interferewith maintenance of the 8-hour ozone or PM2.5 NAAQS in any other State. Unless a State excluded from the CARhas contrary informationor analysis, EPA believes that such State should be able to make a relatively simple SIP submission verifying that the State does not significantly contributeto nonattainmentor interfere with maintenance of the 8-hour ozone or PM2.5in another State. EPA believes that a negative declarationfrom each of the non-CAIR States, which certifies that the State in question does not significantly contributeto nonattainment or interfere with maintenance of the NAAQS in another State, should be adequateto satisfy the requirements of section 1lO(a)(2)(D)(i).

States should submit a technical demonstration to support a negative declaration. EPA believes that this demonstration should contain the information which the State deems appropriate to support its claim that it does not significantly contributeto nonattainment or interfere with maintenanceof the standards in another State. Suitable informationmight include, but is not be limited to, informationconcerning emissions in the State,meteorological conditions in the State, the distanceto the nearest nonattainrnent area in another State, reliance on modeling conducted by EPA in determiningthat such State should not be included within the ambit of the CAIR, or such other information as the State considers probative on the issue of significant contribution and interferencewith maintenance. The EPA believes that it would be appropriate for Statesto make ths assessment using considerationscomparable to those used by EPA in evaluating significant contribution in the CAIR, 

### G, assessing the impacts of emissions on nearby nonattainment areas as of the year 2010, and evaluating mitigation strategies based upon emissions reductions achievablethrough highly cost effective controls.



### In addition, Statesthat are not subject to the CAIR, but are subject to the NO, SIP Call, may wish to indicate that SIPSsubmitted to meet the NOx SIP Call should be sufficientto satisfy the section 1lO(a)(2)(D)(i) obligation for the 8-hour ozoneNAAQS. EPA initially addressed interstatetransport for ozone in the NO, SIP Call rule published in 1998.~ The NO, SIP Call is substantially reducing ozone transport, and is helping downwind areas meet the 8-how ozone standards. The EPA believes that states outsidethe CARregion that are meeting the NOx SIP Call should not significantly be contributingto nonattainment or interfering with maintenance in any down wind state.

The EPA will assist each State to evaluate the available information and to develop 

### a sufficient SIP submission and demonstration to meet this element of section 1lO(a)(2)(D)(i).

"Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for the Purposes of Reducing Regional Transport of Ozone Rule, (63 FR 57356, October 27, 1998).

### EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.
5. 

### SIP Submissions from States pertaining to the "prevention of significant deterioration" requirement of section 110(a)(2)@)(i):


### Section 1lO(a)(2)(D)(i)(II) also contains a requirement for all States to submit SlPs that contain adequate provisions prohibiting 

### ".... any source or other type of emission activity within the State from emitting any air pollutant in amounts which will 

### - interfere with measures required to be included in the applicable implementation plan for any other State



### .... to prevent significant deteriorationof air quality 

### ..."

Under EPA regulations, each SIP must include a preconstruction review program for major sourcesto satisfy the requirements of section 1lO(a)(2)(D)(i) of the Act. 40 C.F.R. 

## 9 5l.l65(b)(l). In nonattainment areas, the preconstruction review program is known as Nonattainment New Source Review (NNSR) and in attainment areas, preconstructionreview is part of the Prevention of Significant Deterioration (PSD) program. Theseprograms require preconstruction permits to protect the air quality within each state and also serve to prohbit construction of new major sources and major modifications at existing major sources from contributing to nonattainment in adjacent states. The PSD permittingprogram is also the primary measure that each SIP must include to prevent significant deterioration of air quality in accordance with Title I, Part C 

### and section 1lO(a)(2)(D)(i)(II)of the Act. See,

### 40 CFR fj 

### 5 1.166. Section 1lO(a)(2)(D)(i)(II)requires that SIPScontain adequate provisions prohibiting sources or emissions activity within each state "from emitting any air pollutant in amounts which will -- 

### ... 

### interfere with measures required to be included in the applicable implementation plan for any other State under part C of this subchapterto prevent significant deteriorationof air quality



### ... ." 42 U.S.C. 

## 8 741O(a)(2)(D)(i)(II).
Because all areas are currently subject to some form ofpreconstruction permitting program for ozone and PM2.5, it is not necessary, at thstime, for States to make a SIP submission containing rule changes or modeling demonstrations in order to address section 11 O(a)(2)(D)(i)(II) for the 8-hour ozone and PM2.5NAAQS. EPA has established or will establish schedules for SIP submissionsthat incorporate revisions to EPAYs preconstruction permittingregulations that are specificto the 8-hour ozone and PM2.5NAAQS. Areas will need to revise their SIPSconsistentwith such schedules.
Each area of the country is currently subject to an equivalent PSD or NNSR permitting program for the 8-hour ozone standard and an interim PSD or NNSR permittingprogram for PM2.5. If a particular state SIP lacks an approved PSD program, the PSD permitting requirements must be implemented in that state or local area through a federal PSD program that
can be administeredby the state or local permitting authorityunder a delegation agreement with EPA. Where a state lacks an approved NNSR program, the state may issue NNSR permits

### pursuant to an EPA regulation at 40 CFR Part 5 1,Appendix S. If such a state lacks authority to issue permits consistent with appendix S, EPA is the permitting authority.

In April 2004 and November 2005, EPA promulgated regulations in two phases that addressed (among other topics) the implementation of the PSD and NNSR programs under the 8-hour ozone NAAQS. -69 FR 23951 (Apr. 30,2004); 70 Fed. Reg. 71612 (Nov. 29,2005). The first phase of these rules requires implementationofNNSR in accordance with an area's 8- hour ozone classification after revocation of the 1-hour ozone NAAQS. 

### See 69 FR at 23985. The EPA revoked the 1 -hour ozone NAAQS on June 15,2005. Thus, new and modified major sources of volatile organic compound and NO, are currently subject to NNSR based on the designation and classificationof the area in which they are located under the 8-hour ozone NAAQS. 

### In an 8-hour ozone nonattainment area that currentlyhas no approved nonattainment plan or otherwise lacks authorityto implement nonattainment NSR for the 8-hour ozoneNAAQS through a SIP-approved permitting program, permits for new and modified major stationary sources in such areas must be consistentwith the requirements in appendix S of40 CFR. Part 5 1. IEPA determined that states did not need to submit any revisions of their existingPSD programs to implement of the 8-hour ozoneNAAQS, but the Agency simultaneouslypromulgated new rules to establishNOx as a precursor for ozone under the PSD program. 

### See 68 FR. 32802, 32843-44 (Jun. 2,2003); 70 FR at 71679. The EPA established June 15,2007as the deadline for states to provide SIP submissions that incorporate the requirements of the phase I1 

### ozone implementation rule into their PSD and NNSR programs. See 70 FR at 71683.

For PM2.5, EPA has recommended that states employ an interim PM2.5 program that involves implementing existing PSD and NNSR programs for PMloas a surrogate for the PM2.5 requirementsuntil the necessary tools are in place for statesto adopt PSD and NNSR programs for PM2.5. $ee, 

### Memorandum from John Seitz, EPA OAQPS, "Interim Implementation for the New SourceReview Requirements for PM2.5," (October 23, 1997); Memorandum from Steve Page, EPA OAQPS, "Implementation ofNew SourceReview Requirementsin PM2.5 Nonattainment Areas." (April 5,2005). In November 2005, EPA has proposed regulations that establish the minimum requirements for PSD and NNSR programs for PM2.5, 70 FR 65984, 66033 (Nov. 1,2005),but the Agency has not promulgated final regulations on this subject. States are not required to submit PSD and NNSR program SIPSfor PM2,5 until EPA completes these regulations and finalizes the submission schedule, which we have proposed to be April 5, 2008. Until the submission date is established in EPAYs final PM2.5 implementation rule for NSR, states may continueto implement interim programs based on PMlo and need not provide PSD or NNSR program submissions containing rule changes for PM2.5.

The air quality demonstrations required for issuance of a PSD and NNSR permit must be made for all areas that are potentially impacted by the emissions from a proposed source or modification requiring a permit. As a result, the implementation of a PSD and NNSR permitting program in each state serves to prevent significant deterioration in neighboring states and thus largely satisfies the requirements of section 110(a)(2)(D)(i)(II)of the CAA. 

### A PSD permit may

. 

### not be issued unless the new or modified source demonstrates that emissions from theconstruction or operation of the facility will not cause or contributeto air pollution in any area that exceeds of any NAAQS or any maximum allowable increase (known as the PSD increment). 42 U.S.C. tj 7475(a)(3);40 CFR 

## 5 5l.l66(k). A NNSR permit may not be issued unless the new
or modified source shows it has obtained sufficient emissions reductions to offset increases in emissions of the pollutants for which an area is in nonattainment, consistent with reasonable further program toward attainment. These offsetting reductions could also help serve to prevent significant deterioration in any instance where the emissions of a nonattainment pollutant fkom a source in a nonattainment area would impact a nearby attainment area for that pollutant.



### In additionto PSD permittingprogram, a SIP may include additional measures as necessary to prevent air pollution in excess of the PSD increment that defines significant deterioration for each area. 40 CFR 

## 5 5 1.166(a). The EPA has not established PSD increments for ozone or PM2.5.Without these components of a PSD program, it is difficult for states to determine if additional measures are needed to prevent significant deteriorationwithin the state. Likewise, a neighboring state cannot determinewhether its SIP would interfere with such additional measures in another state's SIP. However, notwithstanding the absence of PSD increments for ozone and PM2.5, states may continue to rely on their existing PSD and NNSR permittingprograms to prevent significant deterioration of air quality within their own boundaries and in adjacent states.
Because the PSD and NNSR permittingprograms currently applicable in each area require a demonstration that new or modified sources will not cause or contributeto air pollution in excess of the NAAQS in neighboring states or that sourcesin nonattainment areas procure offsets, EPA believes that states need not make an additional SIP submission containing rule changes or modeling demonstrationsto address the "prevent significant deterioration" requirement of section 11 O(a)(2)@)(i)(II) for the 8-hour ozone and PM2.5NAAQS. For 8-hour ozone, each state only needs to make a SIP submissionconfirming that major sources in the state
are currently subject to PSD and NNSR permittingprograms that implement the 8-hour ozone standard and that SIP-approved states are on track to meet the June 15,2007 deadline for SIP submissionsadopting the requirements of the Phase I1 ozone implementation rule. For PM2.5, statesneed only provide a SIP submission confirmingthat major sourcesin the state are subject to PSD and NNSR permittingprograms implemented in accordance with EPA's interim guidance calling for use ofPMlo as a surrogate for PM25 in the PSD and NNSR programs. Additional SIP submissions will be due after the final NSR implementation rules for PM2.5 are promulgated.

The EPA will assist each State to evaluate the availableinformation and to develop a sufficient SIP submission and demonstration to meet this element of section 1 1 O(a)(2)@)(i). The EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.6. 

### SIP Submissions from States pertaining to the "protect visibility" requirement of section 

### 11O(a)(2)(D)(i):

Section 1lO(a)(2)(D)(i)(II) also contains a requirement for all States to submit SIPs that contain adequate provisions prohibiting "

### ... any source or other type of emission activity within the State from emitting any air pollutant in amounts which will - interfere with measures required to be included in the applicable implementation plan for any other State



### .... to protect visibility."

The EPA adopted a phased approach to visibilityprotection, issuing regulations in 1980 to address reasonably attributable visibilityimpairment, i.e., visibility impairmentthat is caused by the emissions of air pollutants from one, or a small number of sources, and issuing regulations in 1999to address regional haze, i.e., "visibility impairment that is caused by the emission of air pollutants from numerous sources located over a wide geographic area."7 Under the 1980 regulations, 33 States and the Virgin Islands were required to submit SIPs to address reasonably attributable visibility impairment. At this point in time, EPA has made no determinationthat emissions fiom any State interferewith measures required to be included in a plan to address reasonably attributable visibility

### impairment. Further, EPA is not aware of any certification of existing reasonably attributableimpairment of visibilityby a Federal Land Manager that has not already been resolved. The EPA accordingly believes that States should be able to make a relatively simple SIP submissionverifying that no source within the State emits pollutants that interferewith measures included in the visibility SIPs under the 1980regulations.



### In 1999, EPA found that all States contain sources whose emissions are reasonably anticipated to contributeto regional haze in one or more Class I areas.8 Pursuant to this finding, States are currently under an obligationto submit SIPSthat contain measures to addressregional haze, including a long-term strategyto address visibility impairment for each Class I area which may be affectedby emissions from a ~tate.~ The States and Regional Planning Organizations are currently engaged in the task of identifying those Class 

### I areas impacted by each State's emissions and developing strategies for addressing regional haze to be included in the States' regional haze SIPs. These SIP submissions are due no later than December 17,2007.

As a result, EPA believes that it is currently premature to determine whether or not State SIPs for 8-hour ozone or PM2.5 contain adequateprovisions to prohibit emissions that interfere with measures in other States7SIPs designed to address regional haze. Accordingly, EPA believes that States may make a simple SIP submission confirming that it is not possible at this time to assess whether there is any interference with measures in the applicable SIP for another

7 See, 40 CFR section 51.300-308. 8~ee, "Regional Haze Regulations," 64 FR 35,714, 35,721 (July 1, 1999).
'40 CFR 

### 5 1.308(d)(3).State designed to "protect visibility" for the 8-hour ozone and PM2.5 NAAQS until regional haze SIPSare submitted and approved.

The EPA will assist each State to evaluatethe available information and to develop a sufficient SIP submission and demonstration to meet this element of section 110(a)(2)(D)(i). EPA will take action on the SIP submissionsmade by States through notice and comment rulemaking, thereby assuringthat the requirements are met.



### 7. When should States make section llO(a)(2)(D)(i) SIP submissions?

The EPA made the finding of failureto submit in April of 2005, with an effective date of May 25,2005. As a result of the finding of failure to submit, the CAA imposes a 24-month clock for EPA to issue a FIP, unless a State has made the required submissionto cure the failure to submit and EPA has acted to approve such submissionhllyin advance'of the end of the 24-month period.



### In conjunctionwith the CAIR, EPA has promulgated a FIP for all jurisdictions in the CAIR region to provide a federal backstop to insure timely and effective reductions of emissions fiom those States in accordance with section 1lO(a)(2)(D)(i)(I). The EPA has not, however, promulgated a FIP addressing section 1lO(a)(2)(D)(i) for any States outside of the CAlR region. States outside the CAIR region must therefore make submissionsto meet the significant contributionand interferencewith maintenance requirements of section 110(a)(2)(D)(i)(I)to avoid a FIP addressing those requirements. 

### In addition, all States have an outstanding statutory obligationto make a SIP submission to meet the requirements of section 1 1 O(a)(2)(D)(i)(II) in avoid a FIP for those requirements.

The EPA is currentlyunder an obligationto issue a FIP by May 25,2007, for any State that does not make a submissionthat cures the outstanding elements of section 1 1 O(a)(2)(D)(i) for that State. Unless the State makes the necessary SIP submission sufficiently in advance of that date for EPA to evaluate the submission and to take the necessaryrulemaking action to approve or disapprove it, EPA may need to initiate the FIP rulemaking process in order to meet the May 2007 FIP deadline. For this reason, EPA believes that it would be appropriate for each State to make the SIP submissionnecessary to meet its outstanding obligationsunder section 110(a)(2)(D)(i)well in advance of the May 25,2007 FIP deadline. The EPA therefore suggeststhat States should make their SIP submission by no later than November 25,2006, in order to allow adequate time for the necessary Agency action on the submission.

The EPA recognizes that this target SIP submission date is only 18months after the effective date of the finding of failure to submit, and that the Agency is issuing this guidance concerning the necessary SIP submissions only shortly in advance of the target date. As a result, EPA intends to be as flexible as possible with respect to the target SIP submission date and will work with States to insure that they can make appropriate SIP submissions as close to

### November 25,2006, as possible. However, in the event of submissions significantly later than thsdate, EPA may need to initiate the FIP process to meet its own statutory obligations to implement FIPs where States fail to submit SIPSthat the Agency can approve in advance of the May 25,2007 FIP deadline.Attachment A: States subject to the 

### CAIR

- - 

### Arkansas (ozone only)



# r

Connecticut (ozone only)

Florida

Delaware

Georgia (PM 2.5 

### only)

Illinois

Indiana

Louisiana

Maryland

Massachusetts (ozone only)

Michigan

Minnesota (PM 2.5 

### only) Mississippi

Missouri

New York

New Jersey

North Carolina

Ohio

Pennsylvania

South Carolina

Tennessee

Texas (PM 2.5 

### only)

Virginia

West Virginia

Wisconsin

District of Columbia