Proposed SIP Requirements Rule for the 2008 

Ozone NAAQS

Intergovernmental Associations

November 6, 2014

Scott Mathias

Associate Division Director

Air Quality Policy Division
Timeline

• Proposal signed by Administrator May 29, 2013

• Published in the Federal Register June 6, 2013 (78 FR 34178)

– Official title: “Implementation of the 2008 National Ambient Air Quality Standards 

for Ozone: State Implementation Plan Requirements”

• Public comment period began June 6, 2013

– Comment period ended September 4, 2013

– 54 comment letters received

– Docket number: EPA–HQ–OAR–2010–0885

• Final rule package was entered into regulatory review at OMB on 

October 11, 2014.

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Purposes of the Rulemaking

• Provide states with clear rules and guidance for planning 

to meet the 2008 ozone NAAQS in designated 

nonattainment areas.

• Translate ozone implementation requirements contained 

in the 1990 Clean Air Act Amendments (written specific 

for the 1-hour standard) into meaningful requirements for 

the 2008 8-hour ozone NAAQS.

• Revoke the 1997 8-hour ozone NAAQS in order to 

provide additional flexibility to areas still working to 

complete the control requirements of that NAAQS.

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Related Rulemakings

• Nonattainment area classification scheme and initial area 

designations were completed in separate rulemakings.

• Classifications and Attainment Deadlines

– Signed by Administrator April 30, 2012.

– Published in Federal Register May 21, 2012 (77 FR 30160).

– Established end-of-calendar-year attainment dates.

– Rulemaking also revoked the 1997 NAAQS for purposes of 

transportation conformity to alleviate dual planning requirements.

• Initial Area Designations

– 46 initial nonattainment areas.

– Signed by Administrator April 30, 2012 (May 31, 2012 for 

Chicago).

– Published in Federal Register May 21, 2012 (77 FR 30088)

– Effective date July 20, 2012.

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Area Designations for 2008 Ozone NAAQS

(Effective July 20, 2012)

St. Louis

Sheboygan

Chicago

Dallas

Upper Green 

River Basin

Uintah Basin

Denver

Houston

Memphis

Baton Rouge

Atlanta

Cincinnati

Knoxville Charlotte

Columbus

Cleveland

Jamestown

Pittsburgh

Washington 

DC/VA

Baltimore

Seaford DE

New York

Philadelphia

Greater 

Connecticut

Allentown Dukes MA

Lancaster

Reading

Phoenix San Diego

Calaveras Co

San Luis Obispo

Tuscan Buttes

Ventura Co

Morongo Tribe

Pechanga Tribe

Chico

Mariposa Co

San Francisco

Sacramento

San Joaquin 

Valley

Riverside Co

Nevada Co

LA-South Coast

West Mojave

E. Kern Co

Imperial Co

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Morongo Tribe

Pechanga Tribe

X

NONATTAINMENT AREAS FOR 2008 OZONE NAAQS BY CLASSIFICATION

(EFFECTIVE JULY 20, 2012)

EPA Final Classifications and Area Counts

• EPA did not designate as nonattainment any areas outside the Continental U.S.

• Map reflects classifications following requests for voluntary “bump-ups”
Preamble Outline of Ozone SIP Requirements Rule 

A. Nonattainment area SIP deadlines

B. Modeling and attainment 

demonstration requirements

C. RFP requirements

D. RACM and RACT requirements

E. Vehicle I/M

F. Transportation conformity

G. General conformity

H. Contingency measures

I. NSR

J. Emission inventory and emission 

statement requirements

K. Ambient monitoring requirements

L. 1-year attainment deadline extensions

M. Transport of ground-level ozone for 

rural nonattainment areas, multi-state 

nonattainment areas, and international 

transport

N. Section 182(f) NOx provisions

O. Emissions benefits of energy 

efficiency/renewable energy programs, 

land use planning, and travel efficiency

P. Multi-pollutant approach to developing 

SIPs

Q. Tribes

R. Ozone Transport Regions (OTRs)

S. Additional requirements related to 

enforcement and compliance

T. Emergency episodes

U. Clean Data Policy

V. Assistance

W. Section 185 penalty fee provision for 

Severe and Extreme areas

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CAA Nonattainment Area SIP Submittal Deadlines

• The CAA establishes maximum statutory deadlines for submitting 

various SIP elements (from effective date of designation).

– Emission inventories and emission statement SIPs are due from states with Marginal 

and higher areas no later than 2 years (July 20, 2014).

– Reasonably Available Control Technology (RACT) SIPs are due from Moderate and 

higher areas, and all states no later than the Ozone Transport Region (OTR), within 2 

years (July 20, 2014).

– 15% Reasonable Further Progress (6-year RFP) SIPs are due no later than 3 years 

(July 20, 2015).

– Attainment plan with Reasonably Available Control Measures (RACM) and attainment 

demonstration SIPs due no later than 3 years (Moderate) or 4 years (Serious and 

higher) (July 20, 2015 or July 20, 2016)

– RFP SIPs showing an average of 3% reductions in emissions per year after the initial 

6-year period are due no later than 4 years for Serious and higher areas (July 20, 

2016).

– §185 penalty fee program SIPs are due for Severe and Extreme areas no later than 

10 years (July 20, 2022).

• If EPA determines that an area attains before SIPs are due, the 

planning SIP submittal requirements can be suspended for as 

long as the area attains (Clean Data Policy). 8
Proposed SIP Due Dates

• For Moderate and higher areas, EPA proposed two options for 

deadlines for certain nonattainment area SIPs (RACT SIPs, 

attainment demonstration SIPs, and RFP SIPs):

– Option 1: staggered timeframes provided by statute.

– Option 2: states may choose to submit SIPs by the staggered deadlines 

provided by statute, or they may submit a combined submittal of emissions 

inventory, emission statement, RACT, RFP, attainment plan (RACM), and 

attainment demonstration SIPs within 30 months (November 20, 2014).

• Serious and above areas would have the CAA maximum of 4 years to 

develop attainment demonstration (RACM) and RFP SIPs.

– This proposal, while consistent with the CAA, differs from the 3-year deadline 

provided for the 1997 ozone NAAQS.

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Modeling Attainment Demonstrations

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• Serious and above areas (and multi-state Moderate areas) are 

required to use photochemical grid modeling to demonstrate 

attainment.

• Moderate areas are required to use photochemical modeling as well. However, 

an alternative approach can be used for Moderate areas if the Administrator 

determines that it is at least as effective.

• Model results are used to determine the amount of VOC and/or NOx 

emission reductions that are needed for the area to attain the 

NAAQS.

• EPA has specified approved models and has issued guidance.

http://www.epa.gov/scram001/guidance/guide/final-03-pm-rh-guidance.pdf.

• The preamble directs the reader to the current modeling guidance.

– The guidance addresses how high electricity demand days (HEDDs) can be 

characterized.

– EPA is in the process of updating the guidance for the 2008 ozone NAAQS.
Reasonable Further Progress (RFP) Proposals

• Proposed to specify 2011 as the base year for RFP.

– Corresponds to periodic emissions inventory submission year closest to the 2012 designation year.

• Proposed to allow areas to also choose 2012 (the designation year), or another year 

prior to 2011.

– Allows areas that began early reductions in 2008 when standard was set to take credit for those reductions in 

RFP plans.

– In exchange for flexibility, areas need to provide additional 3% per year RFP for each year that is prior to 2011 

(e.g., a 2008 baseline year would require 15% + 3x3% = 24% reduction for years 2009 through 2017).

– Consistent with approach taken for the 1997 ozone NAAQS.

• Proposed to allow credit for reductions from sources within the same nonattainment 

area.

– We requested specific comment on a legal basis for crediting reductions from outside the nonattainment area 

toward RFP under CAA subpart 2.

• Eliminate “pre-1990 adjustments” calculation for RFP.

– Proposed that states no longer need to calculate and deduct emissions related to pre-1990 motor vehicle, RVP, 

and vehicle I/M program corrections (per CAA section 182(b)(1)(D)).

– The calculations are tedious and the emissions are de minimis.

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Options for 15% VOC Reduction for First 6 Years (RFP)

• 15% reduction plan is required for Moderate and above areas and all 

areas of the OTR.

– CAA requires these reductions to be VOC-only, even though NOx reductions are 

now known in some cases to be more effective at reducing ozone.

– Additional VOC reductions could be difficult to achieve for some long-standing 

nonattainment areas.

– Serious and higher are also required to achieve an average of 3%/year reduction 

in emissions (can be VOC, NOx or a combination) starting 6 years after 

designation until the attainment date.

• Proposed flexibility would allow states to substitute NOx for VOC in an 

area’s 15% SIP

– 1997 ozone rules allowed this approach for areas that previously had an 

approved 15% RFP plan for the 1-hour NAAQS.

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Vehicle Requirements

• Vehicle inspection and maintenance programs are required in all Moderate 

and above ozone nonattainment areas with a population over 200,000 (or 

over 100,000 for OTR).

– There are currently no new I/M areas for the 2008 ozone NAAQS.

• In this proposal, EPA solicited comment on aligning the I/M SIP deadline with 

the attainment SIP deadline.

• EPA also notes ability to approve alternative mobile source controls getting 

equivalent reductions in place of I/M.

• Lastly, EPA identifies implementation flexibilities for I/M programs made 

possible by predominance of onboard diagnostics (OBD) in current fleet.

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Revoking 1997 NAAQS and “Anti-backsliding” 

Requirements

• Proposed revocation of the 1997 ozone NAAQS effective 

on the date the final SIP Requirements Rule is published 

in the Federal Register.

• Areas still designated nonattainment for the 1997 

NAAQS on that date will be subject to anti-backsliding 

requirements.

– Will also apply to areas that were nonattainment for the 1-hour 

NAAQS when it was revoked on June 15, 2005.

• Proposed that any interstate transport control 

requirements associated with a prior NAAQS would 

continue to apply.

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Anti-backsliding Summary

• Proposed requirements reflect D.C. Circuit decisions on 

anti-backsliding and would codify approaches we use 

now in implementing 1-hour NAAQS anti-backsliding.

– All prior control requirements and associated triggering 

mechanisms would be retained.

– Would include section 185 fee programs, contingency measures 

for failure to make RFP or attain, and nonattainment NSR 

provisions associated with the prior classification.

• Proposed two valid paths for completing fulfillment of 

anti-backsliding requirements:

– Redesignation to attainment for the 2008 ozone NAAQS, or

– EPA approval of a ‘redesignation substitute’ for the revoked 

NAAQS.

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When/How Anti-backsliding Applies

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Designation for 

2008 NAAQS

Designation for 

previous NAAQS (at 

time of revocation) 

Proposed NSR/PSD 

obligations

Other proposed transition obligations

1. Attainment Attainment/ 

Maintenance

PSD remains in effect - Area remains subject to existing section 175A maintenance plan 

for the previous ozone NAAQS and requirements already in the 

SIP, subject to revision consistent with sections 110(l) and 193

- Section 175A maintenance plan satisfies maintenance 

requirement under section 110(a)(1). 

2. Attainment Nonattainment for 

1997 ozone NAAQS 

only; or 

nonattainment for 

1997 and 1-hour 

NAAQS

Nonattainment NSR 

in effect until 

revocation of the 

1997 ozone NAAQS; 

then PSD applies

- Area remains subject to measures to meet nonattainment 

requirements already in its adopted SIP. Removable only with a 

section 110(l) demonstration and a section 193 demonstration if 

applicable.

- Two alternatives to address section 110(a)(1) maintenance 

provision:

a) Area’s approved PSD SIP satisfies section 110(a)(1) 

maintenance provision, or

b) additional maintenance showing under section 110(a)(1)

3. Nonattainment Attainment/ 

Maintenance

Nonattainment NSR 

applies based on 2008 

ozone NAAQS 

classification

- Area remains subject to existing section 175A maintenance plan 

for the previous NAAQS and requirements already in the SIP, 

subject to revision consistent with sections 110(l) and 193

4. Nonattainment Nonattainment for 

1997 ozone NAAQS 

only; or 

nonattainment for 

1997 and 1-hour 

ozone NAAQS

Nonattainment NSR 

applies based on 

highest applicable 

classification

- Area subject to all applicable anti-backsliding requirements for 1-

hr and/or 1997 NAAQS

- Anti-backsliding obligations lifted when the area either a) is 

redesignated to attainment for the 2008 ozone NAAQS, or b) the 

EPA approves a redesignation substitute for the revoked 1-hour or 

1997 NAAQS

- EPA solicits comment on additional options for lifting antibacksliding obligations.