MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711 

### DEC 1 4 2004

OFFICE OF AIR QUALITY PLANNING AND STANDARDS SUBJECT: Clean Data Policy for the Fine P**icle.~** Ambient Air Quality Standards FROM:

TO: Purpose Stephen D. Page, Director

.**~** ..

# )_;SC;. Office ofAir QualityPlann,i\·' andst[u12;Jds
Air Division Directors,

## R~gions I-X

In December 2004, EPA is designating areas as nonattainment with the national ambient air quality standards (NAAQS) for fine particles. This policymemorandum addresses the requirements for those nonattainment areas that, priorto the date that their State Implementation Plans (SIPs) are due, demonstrate that they are attaining the fine particle standard. Specifically, it addresses whether such areas must submit certainportions ofthe plans- those addressing reasonable further progress (RFP), attainment demonstrations and contingencymeasures as required in section 172 (c) ofthe Clean Air Act (CAA). This memorandum also describes the process by which EPA will detennine whether an area is attaining thePM2.5 standard. Background & Policy
EPA established NAAQS for fine particles in 1997. EPA expects to make final attainment, unclassifiable, and nonattainment designations in December 2004. Nonattainment areas must submit their SIPs within 3 years ofthe effective date ofthe designations (i.e. March 2008). Areas must attain the standard as expeditiously as practicable. Presumptively, attainment should be achieved within 5 years ofdesignation, although EPA may grant an attainment date extension ofup to 5 additional years based on the severity ofthe nonattainmentproblem and the availability ofemissions controls. Thus, attainment dates will range from 5 to 10 years from the date ofdesignation (i.e. 2010 to 20 15). Attainment mustbe determined based on the 3 calendar years prior to the attainment date.
Because PM2.5 exposure is linked to significant health effects, EPA encourages States to achieve reductions in PM2.5 and its precursor emissionsas early as possible, especially in areas that are expected to be designated as nonattainment. Public health in these areas will improve as levels offine particles decline. Bymeeting the standard, they will reduce the incidence of premature mortality, hospital admissions, missed days ofwork and school, and other adverse respiratory and cardiac effects in children and adults.

Recycled/Recyclable • Printed wHh Vegetable 011 Based Inks on 100% Recycled Paper (40% Postconsumer)

### - 2 -
With these benefits in mind, we have reviewed the CAA to determine whether an area that is originally.designated as nonattainment must still submit certain SIP requirements ifthe area has 3 consecutive calendar years ofair quality data showing that it meets the PM2.5 standards prior to its required SIP submittal date. Webelieve that such areas maybe exempt from making submissions for RFP, attainment demonstrations, and contingency measures - as long as those areas continue to meet the standard. However, ifsuch an area is determined to violate the standards priorto being redesignated to attainment, the area will be required to address the pertinent requirements when it submits its SIP to EPA. EPA encourages States to take action to redesignate areas that are attaining the standard as expeditiously as practicable. Iri orderto assist in this process, EPA will be reviewing the possibility ofdeveloping a "LimitedMaintenance Plan Policy" for PM2.5 areas, which maybe used in conjunctidn with the Clean Data Policy to assist States in getting areas redesignated to attainment in an expeditious manner. Interpretation and Legal Rationale The SIP provisions that are the subject ofthis policy are those addressing RFP, attainment demonstrations, and contingencymeasures. EPApreviouslyhas interpreted that the general provisions ofthe CAA subpart 1, part D ( § §171 and 172 ) do notrequire an ozonenonattainment area to include theseprovisions in its SIP ifthat areameets the ozone standard. Webelieve it is appropriate to make the same interpretation for PM2.5. Ourrationale is as follows: 1) Reasonable Further Progress: Section 171 (1) states that, for the purposes of part D, Reasonable Further Progress means: "such annual incremental reductions in emissions of the relevant airpollutantas are requiredby thispart ormay reasonably be required bytheAdministrator for thepurpose of ensuring attainment of the applicableNAAQSbythe applicable date." Ifan area has 3 consecutive calendar years ofair quality data showing it has attained the standard before the SIP due date, thepurpose ofthe RFP requirement will

.have been fulfilled, and we believe the area does not have to address RFP in its SIP. We took this view with respect to the general RFP requirement [CAA §172(c)(2)] inthe "General Preamble for the Implementation ofTitle I ofthe Clean AirAct Amendments of 1990" (General Preamble) (see 57 FR 13498, April16, 1992), and we are now extending that interpretation to PM2.5. In the General Preamble, EPA stated that: "requirementsfor RFP will notapply in evaluatinga request for redesignation to attainmentsince, at a minimum, the airquality datafor the area mustshow that the area has already attained. A showingthat the State willmakeRFPtoward attainment will, therefore, have no meaningat thatpoint" (see 57 F R 13564).- 3 - 2) Attainment Demonstrations
This interpretation also is consistent with ourprevious interpretation of§172( c) requirements in the General Preamble as they pertain to.ozone attainment demonstrations. EPA stated that no other measures to provide for attainment wouldbe neededby areas seeking redesignation to attainment since 

### "attainment will have been reached" (see 57 FR 13564; also Calcagni memorandum, September4, 1992). Ifan areahas attained the standard before the SIP due date, we believe the area does not have to include an attainment demonstration in its SIP. 3) Contingency Measures
Similarreasoning applies to the contingency measures SIPrequirement, which is linked with both the attainment demonstration and RFP requirements. EPApreviously has interpreted the contingency measures requirement of§172( c)(9) as no longerbeing applicable once an area has attained the standard, because those 

### "contingency measures are directedat ensuringRFPandattainment by the applicable date" (see 57 FR 13564). Areas attaining the PM2.5 standard before their SIP due dates will not have to.address contingency measures in their SIPs.
Each ofthese interpretations applies only as long as a nonattainment area continues to monitor attainment ofthe standard. Ifsuch an area violates the PM2.5 NAAQS, the area would again be required to submit the pertinent SIP sections. Therefore, a detem1ination that an area need not submit one or more parts ofa SIP amounts to a suspension ofthe requirement as long as the area continues to attainthe standard. IfEPA ultimatelyredesignates the areato attainment, then the areawill be entirely relieved ofthese requirements (to the extent they are not the basis for the area's maintenance plan). Consequences for Redesignations, Sanctions and Conformity Redesignation: A determination that an areahas metthe PM2.5 NAAQS is not equivalent to a redesignation to attainment. Attainment ofthe standard is onlyone ofthe criteria an area must satisfyin orderto be redesignated [CAA §107(d)(3)(E)]. The State also must submit, and receive full approval ofa request that satisfies all ofthe criteria for redesignation, including the requirements to:

• demonstrate that the improvement in the area's air qualityis due to permanent and enforceable reductions;

### - 4 -

• have a fully approved SIP that meets all ofthe applicable requirements under section 110 and part D; and • have a fully approved maintenance plan. The SIP submissions for RFP, attainment demonstration, and contingencymeasures discussed in this memorandum would not be required in order for an area's redesignation request to be approved, provided that the area is attaining the PM2.5 standard. However, ifan area again violates the standardbefore EPA takes final action onthat area's redesignation request, EPA could not redesignate the area, and the SIP requirements would once again apply. Areas that are redesignated are relieved ofall nonattainment requirements. Sanctions: IfEPA determines that an area is attaining the PM2.5 standard, thereby suspending the SIP submission requirements discussed above wouldbe suspended, and any sanction clock related to those SIP requirements would be stopped. Conformity: An area determined to be attaining the standard under this policy will berequired to use the applicable regional emissions test, as required in the transportation confonnityrule at 69 FR 40004 (July 1, 2004). This rule addresses the specific emissions tests for transportation plan and TIP conformity determinations that occur before and after a PM2.5 SIP having motor vehicle emissions budgets is established.
New Source Review (NSR) An 

### attainment determination pursuantto this policywill not relieve an area ofits responsibilityto meet the requirements ofEPA's NSRregulations. All NSR requirements would continue to apply to any area designated as nonattainment.
Process for Determining Attainment Regional offices make determinations

- EPA Regional Offices will conduct individual rulemakings for each area seeking an attainment determination under this policy. Once the areahas demonstrated that it is meeting the PM2.5 standard, the Regional Office will issue abinding determination that the areahas attained the standard and need not make the SIP submittals discussed above. Three years ofclean data required- To demonstrate that it is meeting the standard, a nonattainment area must have 3 consecutive years ofair quality monitoring data (e.g. 2004-2006, for areas that have a SIP submittal date ofFebruary2008) that show the area had clean air quality that precede the areas required SiP submittal date. The data mustbe complete and quality-assured, consistent with40 CFRpart 58 requirements, and otherrelevant EPA guidance. The State also must ensure that the data are properly submitted to the Air Qmility Subsystem of

### - 5 -
EPA's Aerometric Information Retrieval System. The State should notifyits EPA Regional Office that it believes a nonattainment areais attaining the PM2.5 standard and petition for an attainment determination under this policy. EPA believes that the determination ofattainment for an area should be consistent with the mannerthat the area was designated as nonattainment1• Entire multi-state areas must have clean air to be eligible- Multi-state nonattainment areas must demonstrate attainment for the entire nonattainment areain order for EPA to suspend any ofthe SIP requirements covered by this policy. EPAwill not suspend any requirements based on a determination that part ofa nonattainment area is monitoring attainment. Ifthe multi-state nonattaininent area involves more than one EPA Region, the appropriate Regional Offices should coordinate these efforts in making any attainment detem1inations.
Areas must continue to meet PM2.5 standard- Areas that are determined to attain the PM2.5 standard under this policymust continue to monitor clean air. The State must continue to operate an appropriate air qualitymonitoring network, in accordance with EPA regulations, to verify the attainment status ofthe area (see 40 CPRpart 58).
A violation means SIP requirements apply- IfEPA determines that an areahas violated the PM 2.5 standard, the area would againberequired to submitthe pertinent requirements underthe SIP for the area. EPA would notify the State ofthat determination and would also provide notice to the public in the Federal Register. Areas subjectto such a determination would receive a reasonable amount oftimeto address the RFP, attainment demonstration and/or contingencymeasure requirements and submit revisions to their SIPs. EPA would establish this SIP submittal date on a case-by-case basis, taking into account individual circumstances surrounding the particular SIP provisions at issue.
Areas remain subjectto otherEPA requirements -Attainment determinations underthis policy do not shield an area from otherrequired actions, such as provisions to address pollution transport, which could require emission reductions at sources orother types ofemission activities contributing significantlyto nonattainment in other areas or States, or interfering with maintenance in those areas. EPAhas the authority to require emissions reductions as necessary and appropriate to deal with transported airpollution [see CAA §§ 110(a)(2)(D) and 110(a)(2)(A).]

1 Areas that are designated based upon violations identified at specific monitors located within a given area should also beused in the determination ofattainment for the area. The use ofspatial averaging.should onlybe used in determinations ofattainment for an area where the technique was also used in designating the area as nonattainment initially.- 6- 

### Ifyou have any questions about this policy, please contact Larry Wallace ofmy staff, at (919) 541-0906, orRich Damberg at (919) 541-5592.

cc: RobBrenner 

### Bill Harnett Rich Ossias Joe Paisie Sally Shaver PeterTsirigotis Lydia Wegman