UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCHTRIANGLE PARK, NC 27711 

### DEC 1 4 

### 2004

MEMORANDUM OFFICE OF AIR QUALITY PLANNING

AND STANDARDS SUBJECT: Clean Data Policy for the Fine P icle Natio 

### 1Ambient Air Quality Standards

FROM: Stephen D. Page, Director i P Office of Air Quality ~lanni' '' an St.nd ds

TO: ,, Air Division Directors, ~k~ions 

### I-X

Purpose

In December 2004, EPA is designating areas as nonattainment with the national ambient air quality standards (NAAQS) for fine particles. This policy memorandum addresses the requirements for those nonattainment areas that, prior to 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 certain portions of the plans -those addressing reasonable further progress (RFP), attainment den~onstrations and contingency measures as required in section 172 (c) of the Clean Air Act (CAA). This memorandum also describes the process by which EPA will determine whether an area is attaining the PM2.5 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 of the effective date of the designations (i.e. March 2008). Areas must attain the standard as expeditiously as practicable. Presumptively, attainment should be ac11i.eved within 5 years of designation, although EPA may grant an attainment date extension of up to 5 additional years based on the severity of the nonattainment problem and the availability of emissions controls. Thus, attainment dates will range from 5 to 10years from the date of designation (i.e. 2010 to 2015). Attainment must be 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 emissions as early as possible, especially in areas that are expected to be designated as nonattainment. Public health in these areas will improve as levels of fine particles decline. By meeting the standard, they will reduce the incidence of premature mortality, hospital admissions, missed days of work and school, and other adverse respiratory and cardiac effects in children and adults.

RecycledlRecyclable Prlntedwith Vegetable 011 Based Inks on 100% Recycled Paper (40% Postconsumer)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 if the area has 3 consecutive calendar years of air quality data showing that it meets the PM2.5 standards prior to its required SIP submittal date. We believe that such areas may be exempt from malting submissions for RFP, attainment demonstrations, and contingency measures - as long as those areas continue to meet the standard. However, if such an area is determined to violate the standards prior to 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. In order to assist in this process, EPA will be reviewing the possibility of developing a "Limited Maintenance Plan Policy" for PM2.5 areas, which may be used in conjunction 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 of this policy are those addressing RFP, attainment demonstrations, and contingency measures. EPA previously has interpreted that the general provisions of the CAA subpart 1,part 

### D (§ 171 and 172) do not require

an ozone nonattainment area to include these provisions in its 

### SIP if that area meets the

ozone standard. We believe it is appropriate to make the same interpretation for PM2.5. Our rationale 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 ofthe relevant airpollutant as

are required by thispart ov may veasonably be required by theAdministrator for tlzepurpose of ensuring attninnzent ofthe applicable

### NAAQS by the applicable date. "
If an area has 3 consecutive calendar years of air quality data showing it has attained the standard before the SIP due date, the purpose of the 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)] in the "General Preamble for the Implementation of Title 

### I of the Clean Air Act Amendments of 1990" (General Preamble) (see 57 

### FR 13498, April 16, 1992), and we

are now extending that interpretation to PM2.5. In the General Preamble, EPA stated that: "requirements fov 

### RFP will not apply in evaluating a request for redesignation to attainment since, at a mininzz~nz, the air quality data for the area must show that the area has already attained. A showing that the State will make 

### RFP toward attainment will, therefore, have no meaning at thatpoint" (see 57 

### F R 13564).2) Attainment Demonstrations

This interpretation also is consistent with our previous 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 would be needed by areas seeking redesignation to attainment since "attainment will have been reached" (see 57 

### FR 13564; also Calcagni memorandum, September 4, 1992). If an area has 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

Similar reasoning applies to the contingency measures SIPrequirement, which is linked with both the attainment demonstration and RFP requirements. EPA previously has interpreted the contingency measures requirement of 

## 5 172(c)(9) as no longer being applicable once an area has attained the standard, because those "contingency measures

are directed at ensuring 

### RFP and nttnin~nent 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 of these interpretations applies only as long as a nonattainment area continues to monitor attainment of the standard. If such an area violates the PM2.5 NAAQS, the area would again be required to submit the pertinent SIP sections. Therefore, a detemlination that an area need not submit one or more parts of a SIP amounts to a suspension of the requirement as long as the area continues to attain. the standard. If EPA ultinlately redesignates the area to attainment, then the area will be entirely relieved of these 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 area has met the PM2.5 NAAQS is not equivalent to a redesignation to attainment. Attainment of the standard is only one of the criteria an area must satisfy in order to be redesignated [CAA §107(d)(3)(E)]. The State also must submit, and receive full approval of a request that satisfies all of the criteria for redesignation, including the requirements to:



# . demonstrate that the improvement in the area's air quality is due to permanent and enforceable reductions;have a fully approved SIP that meets all of the applicable requirements under section 110 and part 

### D; and have a fully approved maintenance plan.

The SIP submissions for RFP, attainment demonstration, and contingency measures 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, if an area again violates the standard before EPA takes final action on that area's redesignation request, EPA could not redesignate the area, and the SIP requirements would once again apply. Areas that are redesignated are relieved of all nonattainment requirements.

Sanctions: If EPA determines that an area is attaining the PM2.5 standard, thereby suspending the SIP submission requirements discussed above would be 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 be required to use the applicable regional emissions test, as required in the transportation confonnity rule 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 pursuant to this policy will not relieve an area of its responsibility to meet the requirements of EPA's NSR regulations. All NSR requirements would continue to apply to any area designated as nonattainrnent.

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 area has demonstrated that it is meeting the PM2.5 standard, the Regional Office will issue a binding determination that the area has attained the standard and need not make the SIP submittals discussed above.

Three years of clean data required -To demonstratethat it is meeting the standard, a nonattainment area must have 3 consecutive years of air quality monitoring data (e.g. 2004-2006, for areas that have a SIP submittal date of February 2008) that show the area had clean air quality that precede the areas required SIP submittal date. The data must be complete and quality-assured, consistent with 40 CFR part 58 requirements, and other relevant EPA guidance. The State also must ensure that the data

are properly submitted to the Air Quality Subsystem ofEPA's Aerometric Information Retrieval System. The State should notify its EPA Regional Office that it believes a nonattainment area is attaining the PM2.5 standard and petition for an attainment determination under this policy. EPA believes that the determination of attainment for an area should be consistent with the manner that the area was designated as nonattainment'.



### Entire multi-state areas must have clean air to be eligible 

## -Multi-state nonattainment areas must demonstrate attainment for the entire nonattainment area in order for EPA to suspend any of the SIP requirements covered by this policy. EPA will not suspend any requirements based on a determination that part of a nonattainment area is monitoring attainment. If the multi-state nonattainment area involves more than one EPA Region, the appropriate Regional Offices should coordinate these efforts in making any attainment determinations.



### Areas must continue to meet PM2.5 standard -Areas that are determined to attain the PM2.5 standard under this policy must continue to monitor clean air. The State
must continue to operate an appropriate air quality monitoring network, in accordance with EPA regulations, to verify the attainment status of the area (see 

### 40 CFR part 58).



### A violation means SIP requirements apply 

### -If EPA determines that 

### an area has violated the PM 2.5 standard, the area would again be required to submit the pertinent requirements under the SIP for the area. EPA would notify the State of that determination and would also provide notice to the public in the Federal Register. Areas subject to such a determination would receive a reasonable amount of time to address the RFP, attainment demonstration and/or contingency measure 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 subject to other EPA requirements
-Attainment determinations under this policy do not shield an area from other required actions, such as provisions to address pollution transport, which could require emission reductions at sources or other types of emission activities contributing significantly to nonattainment in other areas or States, or interfering with maintenance in those areas. EPA has the authority to require emissions reductions as necessary and appropriate to deal with transported air pollution [see CAA 

## 9

## 5 110(a)(2)(D) and 11 O(a)(2)(A).]

1 Areas that are designated based upon violations identified at specific monitors located within a given area should also be used in the determination of attainment for the

area. The use of spatial averaging.shouldonly be used in determinations of attainment for an area where the technique was also used in designating the area as nonattainment initially.

### If you have any questions about this policy, please contact Larry Wallace of my staff,
at (919) 541-0906, or Rich Damberg at (919) 541-5592.



### cc: Rob Brenner Bill Hamett Rich Ossias Joe Paisie Sally Shaver Peter Tsirigotis Lydia WegmanUNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



### December 17, 2004

THE ADMINISTRATOR



### The Honorable Michael Easley Governor, State of North Carolina 20301 Mail Service Center Raleigh NC 27699-0301

Dear Governor Easley:

Thirty-four years ago this month, the first Clean Air Act signaled the beginning of our country’s resolve to dramatically improve air quality. Today, we celebrate our accomplishments which have enabled us to breathethe cleanest air we have ever measured. As 2004 comes to a close, I am pleased to report that this has been a remarkable year for protecting and improving the country’s air quality.

The Bush Administration has made implementation of a national clean air strategy a top priority by implementing more protective air quality standards for ozone and fine particles and designing national tools to help meet those standards. Legislation and regulation will be the centerpiece of the President’s clean air and clean energy strategy as we move forward. Together, we are on the path to make this generation oneof the most productive periods of air quality improvement in our nation’s history.

An important part of our nation’s commitment to clean, healthy air isreducing the levels of fine-particle or PM2.5 pollution. Fine-particle pollution represents one of the most significant barriers to clean air facing our nation today. These tiny particles, about 1/30th

### the diameter of a human hair, lodge deep in our lungs, and have been associatedwith heart attacks, chronic bronchitis, asthma attacks and missed days of school and work.

Key to the reduction of particle pollution is implementation of the fine particle standards and identification of the areas ofthe country needing additional work to meet the standards. We take the first of those important steps today, identifying the areas in your state that do not meet the fine particle standards. Those parts of your state designated as “nonattainment” will require more actions to achieve a common goal of cleaner, healthier air (a list of nonattainment areas is attached). For areas in your state that attain the standard you will need tocontinue your progress to sustain clean air.

Internet Address (URL)  http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

### 2

To assist you, we have both proposed and instituted rules as part of our national clean air strategy that will bring the vast majority of the country into attainment with the standards over the next decade. Our clean air/clean energy strategy, including Clear Skies legislation and the Clean Air Rules, will cut power plant emissions of sulfur dioxides, nitrogen oxides and mercury by nearly 70 percent when fully implemented, and will reduce emissions from off-road diesel fuels, vehicles and engines by over 90 percent — those black puffs of exhaust smoke are going to be a thing of the past. Together, these Clean Air Rules willbuild on the tremendous progress made in previous decades, and do it in record time.

The last several decades have seen a growing commitment to clean air coupled with a progression of science and technology that has informed our decision-making and driven our actions. I think of our clean air history as a relay where a baton is passed from generation to generation and from Administration to Administration. ThisAdministration has made a commitment to accelerate our clean air progress so that all Americans live healthier, longer, more productive and prosperous lives.

Sincerely,

/s/

Michael O. Leavitt

cc (with attachment): Mr. William G. Ross, Jr. Secretary North Carolina Environment and Natural Resources Department

Ms. Robin Smith Assistant Secretary for Environmental Protection North Carolina Environment and Natural Resources Department

Mr. James I. Palmer, Jr. Regional Administrator, Region IV

Internet Address (URL)  http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled PaperInternet Address (URL)  http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 

### Attachment

Nonattainment Areas
State Area Name Counties

North Carolina Greensboro-Winston Salem–High Point, NC Davidson
Guilford Hickory–Morganton–Lenoir, NC Catawba