# 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. 2

# 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. 3

# 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. 4Area 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

56 Morongo Tribe Pechanga Tribe X N ONATTAINMENT AREAS FOR 2008 OZONE NAAQS BY C LASSIFICATION

(E FFECTIVE J ULY 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
7

# 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. 9

# Modeling Attainment Demonstrations

10



## • 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. 11

# 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. 12

# 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. 13

# 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. 14

# 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. 15

# When/How Anti - backsliding Applies

16 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 anti backsliding obligations.