UNITI;D STATI;S ENVIRONMENTAL PROTI;Cll0N AGENCY RESEARCH TRIANGLE PARK, NC 2n11


### AUG 15 2006

MEMORANDUM



### SUBIECf:

FROM:

TO: Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM1 ., National Ambient Air Quality Standards William T. Harnett, Director 

# tl/41 Air Quality Policy Division, OAQPS (C539-01) Regional AirDivision Director, Regions I-X The purpose of

### Ibis memorandum is to provide guidance concerning the State implementation plan (SIP) submissions States should make to meet theircurrently outstanding obligations under section IIO(a)(2)(D)(i). The Environmental Protection Agency (EPA) has previously indicated through rulemaking what States affected by the Clean AirInterstate Rule (CAIR) must do concerning emissions that significantly contribute to nonattainment or interfere with maintenance ofthe 8- hour ozone or fine particulates (PMz.s) National AmbientAir Quality Standard (NAAQS) in another State. 

### This guidance, therefore, addresses what States that are not affected by the CAIR should considerin meeting the "significant contribution" and "interfere with maintenance" requirements ofsection IIO(a)(2)(D)(i), and what all States (inside or outside the CAIRregion) should considerwith respect to making submissions to meet the ''prevention ofsignificant deterioration" and ''protect visibility" requirements ofsection IIO(a)(2)(D)(i). Because the CAIR region differs for purposes of8-hour ozone and PM1
.S• some States may be within the CAIR region for PUI]108CS ofone NAAQS, but not the other, and should make section IIO(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 II00a)(l) ofthe Clean AirActrequires States to submit new SIPs to provide for the implementation, maintenance, and enforcement ofnew orrevised NAAQS. Section 110(a)(2) 

### lists the elements that the new SIP submissions must contain. Among otherthings, SIPs for new orrevised NAAQS must contain adequate provisions to address interstate lraIIsport ofair pollution, pursuant to section IIO(a)(2)(D)(i).

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Section II00aXI) explicitlyprovides that States must adopt and submit to the EPA Administrator new SIP submissions within 3 years afterthe promulgation ofa new orrevised NAAQS, meeting the provisions ofIIO(aX2), as applicable. Therefore, States shouldhave submitted SIPs to EPA for the 8-hour ozone NAAQS and the PM2• 5NAAQS by no later than July 2000. However, at this time,no State has submitted a new SIP. We recognize that litigation overboth the 8-hour ozone NAAQS andthe PM2,5 NAAQS created substantial uncertainty as to how to proceed. Moreover, in the case ofPM2.5, additional time was needed for creation ofa monitoring network, collection orat least three years ofdata, and analysis ofthose data. On April 25, 2005, EPApublished an action in the Federal Registermaking a finding that States had failed to make statutorily required SIP submissions for the**8~hour** ozone and PM:u NAAQS. The EPA explicitly limited this finding offailure to submit to the requirements of section IIO(a)(2)(D)(i) pertaining to interstate transport. The finding offailure to submit action started a 24-month clock for EPAto issue a final Federal Implementation Plan (FIP) to meet the requirements ofsection IIO(aX2)(D)(i), for both the 8-hourozone andPM2,5 standards, unless EPA instead approves a State SIP submission to meet 

### thoSe requirements in advance ofthat date. The finding offailure to submit SIPs addressing section IIO(aX2)(DXi) is the first action required under a Consent 

### Decree between EPA andplaintiffs who 

### sued the Agency for failure to take actionto require the submission ofnew SIPs for the 8-bour ozone and PM2.5 NAAQS, orto issueFIPs in lieu therea£ The EPAbaa also committed 

### in the Consent Decree to take later actions to determine whether States have submitted the remaining SIP elements required by section II00aXI) and (2) for the 8-hourozone and PM:u NAAQS by no laterthan December 15, 2007, for ozone, and by no later than October 5, 2008, forPMu. The Agency 

### intends to provide States with additional information concerning the remaining section 1l0(aXI) and (2) SIP

, elements, in separate regulations or guidance documents. We emphasize that this document is merely guidance and that States or BPA may elect to follow or deviate from this guidance, as appropriate. The ultimate determination ofwhether a given SIP submissionby a 

### sllite meets the statutoryrequirements ofsection IIO(a)(2)(D)(i) will be accomplished through case'by case notice and comment m1emaking in which the faets and

,circumstances ofeach State submission will be evaluated by BPA. We ask that the EPA Regional Offices work with theirrespective States in the development oftheir SIP submisSions. Ifyou have questions concerning this guidance, please contact Mr. Larry D. Wal1ace (919) 541-0906. Please ensure that the appropriate air agency officials for the States 

### in your Region are made aware ofthis guidance.Attachment

cc: Margo Oge, OTAQ Steve Page, OAQPS Brian McLean, OAP Scott Mathias, AQPD Kevin McLean, 

### OGC Barbara Driscoll, AQPD Larry Wallace, AQPD 

### Kimber Scavo, AQPD Geoffrey Wilcox, 

### QGC Norm Possiel, AQAD 3Guidance for State Implementation Plan Submissions to Meet Current Outstanding ObUgations Under Section 110(a)(2)(D)(I) for the 8-Honr Ozone and PM2.5 National Ambient Air Quality Standards

1. Introdnctlon: This document provides guidance to Ststes conccming State Implementation Plan (SIP) submissions that Ststes must make pursuant to section 110(a)(2)(D)(i). The Environmental Protection Agency (EPA) emphasizes that this guidance documentmerely provides suggestions and that States orEPA may elect to follow or deviate from this guidance,. as appropriate. The ultimate determination ofwhether a given SIP S\lbmission by a State meets the requirements of section IIO(a)(2)(D)(i) will be accomplishedby area specific notice and comment rulemaking in which-the £sets and circumstances ofeach State submission will be evalusted by EPA. Sections II00a)(l) and (2) ofthe Clean Air Act (CAA), require States to submit SIPs that implement, maintain, and enforce a new or revised national ambient air quality standard (NAAQS) within 3 years following the promulgation ofthe standard. In July 1997, EPA issued the 8-hourozone and PMu NAAQS. Ststes were thus required to submit SIPs that satisfy the applicable CAArequirements under section 110(a)(l) and (2) for these NAAQS byJuly 2000. Among the SIP elements identified in section IIO(a)(2) is the requirement to addn:ss interstate transport ofpollutants pursuant to section 110(aX2)(D)(i). The. EPA has determined that section IIO(aX2)(D)(i) is among the SIP requirements with which States must comply in accordance with the schedule ofsection 1l0(aXI).1 OnApril 25. 2005, EPA notified States oftheir failure to make the required SIP

. submission addressing interstate transport ofpollutants related to ozone and PM,., in downwind**States~** 

### . Pursuant to section II00c), EPA's April 25. 200S finding offailure to submit started a 24-monthclock for EPA to issue a final Federal Implementation Plan (PIP) to addn:ss the requirements ofsection IIO(aX2)(D)(i), Unless a State makes the required submission and EPA approves such submission within that 24-month period. The 24-month F1P clockbegan on**'~''Rule** to Reduce Interstate Transport ofFine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Pro8ram; Revisions to the NO. SIP Call; Final Rule," 70 FR 25,162 at 25,263-69 (May 12,2(05). 2See, ''Finding ofFailure to Submit Section 110 State Implementation Plans for Interstate Transport for the National Ambient Ajr Quality Standards for 8-Hour Ozone and PM 2.5," 70 FR21,147 (April2S, 2(05). IMay 25,2005, the effective date ofthe finding offailure to submit, and will end on May 25, 2007. The EPA's fmding offailllre to submit SIPs that address section 11O(aX2)(DXi) 

### is the first action required under a Consent Decree.J Under the Consent Decree, EPA is also obligated to make later determinations as to whether States have made the required SIP submissions to meet the remaining applicable requirements ofsection 110(aX1) and (2). The EPA 

### is obligated to make these later deterlDinations by December 15,2007, for SIP submissions for the 8-hour ozone NAAQS, and by October 5, 2008, for SIP submissions pertaining to the PM2.J NAAQS. The EPA believes that Section 11 0(a)(2)(DXi) provides an important tool for attainment and maintenance ofthe NAAQS by addressing the problem ofinterstate transport ofair pollutants. This provision applies to each pollutant covered by a NAAQS and to all areas ofeach Stateregardless ofthe attainment ornonattainment designation ofsuch 

### areaS. Section 110(a)(2)(D)(i) specifically provides that each State's SIP must contain adequate provisions to prohibit airpollutant emissions from within the State that significantly contribute to nonattainment oftheNAAQS, or that interfere with maintenance ofthe NAAQS, in any other State. In addition, this section requires that each State's SIP must contain adequate provisions to prohibit elDissions ofairpollutants within the State that interfere with measures required to prevent significant deteriomtion ofair quality or to protect visibility in any other State. The EPA intends to provide additional information to States concerning the 

### remaining

. section 11 O(a)(l) and (2) SIP elements, either in regulations implementing the 8-hourozone or

PM2.J NAAQS, orin later**gui~** documents.

2. 

### What Is 

### reqalred aDder section 11O(a)(2)(D)(I): Section 110(aXl) requires States to make a SIP submission for anew orrevised NAAQS within 3 years ofpromulgation ofsuch new or revised NAAQS. Section 11 O(aX2) lists the elements thOse SIPs must contain. Forexample, this section lists certain SIP infrastructure elements reiated to the new or revised standards such as requirements for provisions pertaining to modeling, monitoring. and emisaions inventories that are designed to assure attainment and maintenance ofthe 

### standards. An important SIP element

'The Consent Decree is between Environmental Defense and American Lung Association, as plaintiffs, and EP

### Po. as defendant, signed March 10, 2005. The Consent Decree resolved the case entitled "Environmental Defense, et 

### aL v. Johnson," No. 1:0SCY00493(D.D.C.). EPA gave notice of, and took comment on, the proposed consent decree in accordance with CAA section 113(g). 70 FR 15,623 (March 28, 2(05). 2listed in section IIO(aX2) is the requirement that States address emissions that impact other States through interstate transport. The"good neighbor" provisions in section IIO(aX2)(DXi) require each State to submit a SIP thatprohibits emissions that adversely affect another State in the ways contemplated in the statute. Section IIO(a)(2)(DXi) contains four distinctrequirements related to the impacts of interstate transport. Each S!lIte must submit a SIP which contains adequateprovisions: prohibiting .,. any source or other type ofemissions activity within the State from emitting any airpollutant in amounts which will- (I) contribute significantly to nonattainment in, or interfere with maintenanceby, any other State with respect to any ... national primary or secondary 

### air quality standard, or (ll) interfere with measures required to be included in the applicable implementation plan for any other State

.... to JllCVent significant deterioration of 

### airquality or to protect viaibility. The EPA's April 25, 2005 finding offailure to submit reflected EPA's determinstionthat States had not yetmade SIP submissions for the 8-hourozone and 

### PM2-' NAAQS necessary to meet the requirements ofsection IIO(a)(2)(D)(i). Theprecise nature and contents ofsuch a submission is not stipulated inthe statute. EPA believes that the contents ofthe SIP submissionrequiredby section IIO(a)(2)(DXi) may vary depending upon the facts and cireumstances related to the specific NAAQS. In particular, the

. dsta and analytical tQols avilileble atthe time the State develops and submits a SIP for anew or

revised NAAQS necessarily 

### affects the content ofthe reqUired submission. In some instances, this submiasionmay be more 

### detailed and substantive, as when existing dsta and analyses already provide the requisite information. In other instances, the submission may be more preliminary and simplified, as when there is currentlyinsufficient information to support a determinationthat there are interstatetransport impacts, orwhen other laterregulatory actions are prerequisites to making such a determination. The sections below provide guidance concerning the types ofSIP submissions 

### that EPA believes wouldbe appropriate inresponse to the ApriI2S, 2005, finding offailure to submit.

33. States subject to the Cleao Air Ioterstate Rule: In March of2oo5, EPA promulgBted the Clean Air Interstate Rule (CAIR)." Based upon the requirements ofsection IIO(a)(2)(D)(i), EPA determined in the CAIR that NO. emissions from sources in 25 States and the District ofColumbia contribute significantly to nODllttainment and interfere with maintenance ofthe 8-hourozone standard in other downwind States. The EPA also detennined that SO:! and NO. emissions from sources in 23 Stales and the District of Columbia contribute significantly to nonattainment and interfere with maintenance ofthe PM 2.5 standards in other downwind States. Subsequently, EPA determined that two additional States contribute to nonattaipment and interfere with maintenance ofthe PM2.5 NAAQS.5(See Attachment A listing the States subject to the CAIR). In the CAIR, EPA concluded that the Stales will meet their section IIO(a)(2)(DXi) obligations to address the "significantcontribution" and "interference with maintenance" requirements by complying with the CAIR requirements. Consequently, Stales within the CAIR region need not submit a separate SIP revision to satisfy the section IIO(aX2)(DXi) requirements provided that they submit a SIP revision to satisfy CAIR.. Pursuant to section II00aXI), those States not 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 mustmake a submission withrespect to the "prevention ofsignificant deterioration" and "protect visibility" requirements ofsection IIO(aX2)(D)(i). It should be noted that because.the CAIR region differs for purposes ofozone andPM2 .5, some States may be inside the CAIR region for purposes ofone NAAQS, but outside the CAIR region for the other, and should make section 

### 1.1O(a)(2)(DXi) SIP submissions that account for this distinction. Accordingly, EPA has structured this guidance to address the different types of considerations that States may need to evaluate in makjng theirrespective submissions.

4. SIP Submissioos from States pertalnlog 

### to the "slgnlfleut eootrlbatlon" ud "interfere witb maintenuee" reqalrements ofsection 11O(aXl)(DXI): States not covered by the CAIR mustmake a section IIO(aX2)(D)(i) SIP submission addressing significant contribution to nonattainment and interferem;e with maintenance ofthe 8-hourozone and PMu NAAQS in anyotherStates.

"See. !!lI!!l! note 1. 5See.lnclusion ofDelaware and New Jersey in Cloan AirInterstate Rule, 71 FR. 25288 (April 28, 2006). 4

### The EPA anticipates, based upon 

### existing infonnation developed inconnection with the CAIR, that 

### emissiona from sources in States not covered by the CAIR do 

### not conmbute significantlyto nonattainment or interfere withmaintenance ofthe 8-hourozone orPM2.5 

### NAAQS in any other State. Unless a State excluded from the CAIR has 

### contrary infonnationor analysis, EPA believes that 

### such State shouldbe able to 

### make arelatively simple SIP submission verifying that 

### the State does not significantlycontribute to 

### nonattainmentorinterfere with· maintenance ofthe 

### 8-hourozone or PM2.5 in anotherState. EPA believes that 

### a negative declaration from each ofthe 

### non-CAIR States, which certifies that 

### the State in question does not significantlycontribute to nonatlainment or interfere withmaintenance ofthe NAAQS in another State, should be adequate to 

### satisfy the requirements ofsection IIO(aX2)(DXi). States should submit a technical demonstration to support a negative declaration. EPA believes that 

### this demonstration shOuld contain the infonnationwhich the State deems appropriate to support its claim that 

### it does not significantly conlribute to nonattainment or interfere withmaintenance ofthe standards in another State. Suitable information might include, but is 

### notbe limited to, 

### informationconcerning emissions in the State, meteorological conditions in the State, the 

### dlatance to 

### the nearall nonattainment area in another State, reliance onmodeling conducted

### by EPA in detennining that 

### such State should not be illCluded withinthe ambit ofthe CAIR, or such other infonnation as the State considers probative on the issue ofsignificant contribution and 

### interfem1ce withmaintenance. The EPA believes that itwouldbe appropriate furStates to mskc this 

### assessment using considerations compsrable 

### to those used 

### byEPA in evaluating significant**conlributi~** 

### inthe CAIR, 

### U. assessing the 

### impacts of**emissi~** 

### on nearby nonattainment areas as ofthe year 20I0, and evaluating mitigation stnilegies basedupon emissions reductions achievable through highly cost effective controls. In 

### addition, States that 

### are not subject to 

### the CAIR, but are subject to 

### the NO. SIP Call. maywish

### to indicate that 

### SIPs submitted to 

### meet the NO. SIP Call shouldbe sufficient to satisfy

. 

### the section IIO(a)(2)(DXi) obligation fur the 

### 8-hour OZOne NAAQS. EPA initially 

### addressed interstate transport forozone in the 

### NO. SIP Call rule published in 1998.6 

### The NO. SIP Call is 

### substantially reducing ozone transport, 

### and is helping downwind 

### areas meetthe 8-hour ozone 

### atandards. The 

### EPA believes that slates outside the CAIR region that 

### are meeting the NOx SIP 

## Can should not significant1ybe conmbuting to 

### nonattainmentor interfcrring 

### withmaintenance in any doWn wind 

### state. TheEPA will assist each State 

### to evaluate the available information and to 

### develop a sufficient SIP submission and 

### demonstrstion to meet this element ofsection IIO(aX2)(DXi).

6 

### ''Finding of**~ignificant** 

### Contribution and RuJemsking fur Certain States in the Ozone Transport Assessment Group Region for the Purposes ofReducing Regional TraiJsport of Ozone Rule, (63 FR 57356, October 27, 1998). 5EPA will take action on the SIP submissions made by Stales through noticc and comment rulemaking, thereby assuring that the requirements are mel S. SIP Submissions from States pertaining to the "prevendon ofsignificant deterioration" requirement ofsection 110(a)(2)(»)(I): Section IIO(a)(2)(O)(i)(TI) also contains arequirement for all Stales to submit SIPs that contain adequateprovisions prohibiting

...... any source orothertype ofemission activity within the Siate from emitting any airpollutant in amounts which wiII- interfere with measures required to be included in the applicable implementation plan for any other State

.... to prevent significant deterioration ofairquality

... " UDder EPA regulations, each SIP mustinclude a preconstruction review program for major sources to satisfy the requirements ofsection IIO(a)(2)(D)(i) ofthe Act. 40 C.F.R. § 51.165(b)(1). In nonattaimnent areas, the preconstruction review program is known as Nonattainment New Source Review (NNSR) and in attainment areas, precoustruction review is part ofthe Prevention ofSignificant Deterioration (PSD) program. These programs require preconstructionpermits to protect the airquality within each state and also serve to prohibit construction ofnew major sources and majormodifications at existing major sources from·**contrib~ting** to nonattaimnentin adjaceot states. The PSD permitting program is also the primary measure thateach SIP must include to prevent significant deterioration ofairquality in accordance with Title 

### I, Part C and section IIO(a)(2)(D)(i)(TI) ofthe Act. 40 CPR § 51.166. Section IIO(a)(2)(D)(i)(Il) requires that SIPs contain adequate provisions prohibiting sources or emissions activity within each state ''from emitting any airpollutant in amounts which will-

... interfere with measures 

### required to be included in the applicable implementationplan for any other State under p8rt C ofthis subchaptet to prevent significant deterioration ofairquality

...." 42 U.S.C. § 7410(a)(2)(O)(i)(II). Because all areas are CIIII'OIltly subject to some fonn ofprecoustructionpermitting

. program for ozone and PM2..l. it is not necessary, at 

### this time, for States to make a SIP

submissioncontainingrule changes ormodeling demonstrations in order to address section IIO(a)(2)(D)(i)(TI) for the 8-hourozone and PM2..lNAAQS. EPA has established orwill establish schedules for SIP submissions that 

### incOlJlOrate revisions to EPA's preconstruetion permittingregulations that are specific to the 8·hour ozone and PM2..l NAAQS. Areas wiI1 need to revise their SIPs consistentwith such schedules. Each area ofthe country is currently subject to an equivalent PSD orNNSRpermitting program for the 8-hourozone 

### standard and an interim PSD orNNSRpermittingprogram for PM2 .s. If II particular state SIP lacks an approved PSD prosram. the PSD permitting requirements must be implemented in that state or local areathrough a fedeIll1 PSD program that canbe administetedby the state or local pemritting authority under a delegation agreement with EPA. Where a state lacks an approved NNSRprogram, the statemay issue NNSRpermits

6pursuant to an EPA regulation at 40 CFR Part 5I, Appendix S. Ifsuch a stale 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 ofthe PSD and NNSR programs underthe 8-hour ozone NAAQS.**~69** FR 23951 (Apr. 30, 2004); 70 Fed. Reg. 71612 (Nov. 29, 2005). The first phase ofthese rules requires implementationofNNSR in accordance with an area's 8- hour ozone classification after revocation ofthe I-hourozone NAAQS. See 69 FR at 23985. The EPA revoked the I-hour ozone NAAQS on June 15,2005. Thus, new and modified major sources ofvolatile organic compound and NO. arc currently subject to NNSRbasedon the designation aild classificationofthe area in which they arc locatedunderthe 8-hourozone NAAQS. In an 8-hourozone nonattamment areathat currently has no approved nonattainrnent plan or otherwiae 1acks authority to implement nonattainmentNSR for the 8-hourozone NAAQS through a SIP-approved permitting 

### Program, permits for new and modifiedmajor stationary sources in such areas must be consistent with the requirements in appendix S of40 CPR. Part 5I. IEPA determined that states did not need to submit any revisions of

### theirexisting PSD programs to implement ofthe 8-hourozone NAAQS, but the Agency aimultaneously promulgated new rules to establiahNOx as 8 precursorfor ozone underthe PSD program. 68 FR. 32802, 32843-44 (Jun. 2, 2003); 70FR at 71679. The EPA establiahedJune 15,2007 as the deadline for states to provide SIP aubmisaions that incorporate the requirements ofthe phase II ozone implementation rule into their PSD'and NNSR programs. See 70 FR at 71683. For PM1 ", EPA baarecommended that states employ an interim PM2.5 program that involves implementing existing PSD andNNSRprograms for PMID as a surrogate for the PMz" requirements until the necessary tools arc inplace for 

### states to adopt PSD and NNSRprograms for 

### PMu Memorandum from John Seitz, EPA OAQPS, "Interim Implementation for the ,New Source Review Requirements for PM2.5," (October 23,1997); Memorandum from Steve Page, EPA OAQPS, "Implementation ofNew Source Review Requirements inPM2.5 Nonattainmenl Areas." (April 5, 2005). In November 2005, EPAbaa proposedregulations that establishthe minimum requirements for PSD and NNSR programs forPMu, 70FR 65984, 66033 (Nov. 1, 2005), but the 

### Agency baanot promulgated final regulations on this subject. States arc not requiredto submit PSD and NNSRprogram SIPs for PM1.5 until EPA completes Iheae regulations and finalizes the submisaion schedule, which we have proposed to be April 5, 2008. Until the submission dale ia establiahedin EPA's fins! PM1.5 implementation rule for NSR, states may continueto implement interim programs based onPMID and need not provide PSD orNNSRprogram submisaions containing rule changes for PM1.5. The airquality demonstrations required for issuance ofa PSD and NNSRpermit must be made for all areas that arepotentially impactedby the emissions from aproposed source or modification requiring a permit. As a result, the implemenlation ofaPSD and NNSRpermitting programin each state aerves to prevent significant deterioration in neighboring 

### states and thus lsrgely satisfies the requirements ofsection 110(a)(2)(D)(i)(II) ofthe CAA. A PSD permit may notbe issuedunless the new ormodified source demonstrates that emissions from the 7

### construction oroperation ofthe facility 

### will not cause or contribute to air

### pollution in any uea that exceeds ofany NAAQS or any maxinium allowable increaSe (known as the PSD increment). 42 U.S.C. § 

### 7475(a)(3); 40 CFR § 

### 51.166(k). ANNSR permit may not be issued unless the 

### new ormodified source shows it has 

### obtained sufficient emissions reductions to offset increases in emissions ofthe pollutants for which an area is in nonattainment, consistent withreaSonable further program toward attainment. These offsetting reductions could also 

### help serve to prevent significant deterioration in any instance where the emissions ofa nonattainment pollutant from a source in a nonattaimnent area would impact a nearby attainment area for that pollutant. In 

### addition to PSD permitting program, a SIP may include additional measures as necessary to prevent air

### pollution in excess ofthe PSD incrementthat 

### defines significant deterioration for eaCh area. 

### 40 CFR § 

### 51.1 

### 66(a). The EPA has 

### not established PSD increments for ozone or PM2..5. Without these components ofa PSD program, it is difficult for 

### states to determine ifadditional measures are needed to prevent significant deterioration within the state. Likewise, a neighboring state cannot determine whether its SIP would inteifere with such additional measures in another state's SIP. However, notwithstanding the absence ofPSD increments for ozone and 

### PM2." states may continue to rely on their 

### existing PSD and NNSR permittingprograms to prevent significant deterioration ofair

### quality within their own boundaries and 

### in adjacent states. Because the PSD and 

### NNSRpermittingprograms cum:ntly applicable in each area require a demonstration that 

### new or modified sotm:eS will not cause or contribute to air 

### pollution in excess ofthe 

### NAAQS in neighboring states or that 

### sources innonattainment areas procure ofiSets, EPA believes that 

### states need not make an additional SIP submission containingrule changes ormodeling demonstrations to address the 

### ''prevent significant deterioration" requirement ofsection IIO(a)(2)(D)(i)(ll) for the 8-hourozone and 

### PM2.5 NAAQS. For 8-hour ozone, each stale only 

### needs to make a SIP submission confirmingthat 

### major sotm:eS in the 

### state are currently subject to PSD and 

### NNSRpermittingprograms that 

### implenient the 8-hour ozone standard and that 

### SIP-approved states are on track to meet the Jlme 15,2007 deadline for 

### SIP submissions adopting therequirements of

### the Phase 

### D ozone implementationrule. For**P~.$,** 

### states need only provide a SIP submission confirming thatmajor sources in the state are subject to PSD and 

### NNSRpermittingprograms implemented in accordance withEPA's interim guidance ca1ling 

### for use ofPM10as a surrogate forPM2.$ in the PSD and

### NNSRprograms. Additional SIP submissions will be due 

### afterthe final NSRimplementationrules for PM2 .$ are promulgated. The EPA will assist each 

### Stateto evaluate the 

### available infonnation and to develop a sufficient SIP submission and demonstration to meet this element ofsection IIO(a)(2)(D)(i). The EPA will take action onthe SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.



### 86. SIP Submissions 

### from States pertaining 

### to tbe "protect vlsiblUty" requirement of section 11 0(8)(2)(0)(0: Section II O(a)(2)(D)(i)(D) also contains a requirement for all States to submit SIPs thst contain adequate provisions prohibitiJig M ••• any source orothertype ofemission activity within the Stste from emitting any airpollutant in amounts which will

- interfere with mll!l8llJ'e9 

### required to be included in the applicable implementationplan fur any other State

....to protect visibility."

. The EPA adopted aphased approach to visibilityprotection, issuing regulations in 1980 to address reasonably attributable visibility impairment, i.e., visibility impairment thst is caused by the emissions ofairpollutants from one, or a small number ofsources, and issuing regulations in 1999 to address regional haze, i.e., "visibilityimpainnent thst is csused by the emission ofair pollutants from numerous soun:cs located over a wide geographic 

### area.,,7 Under the 1980 regulations, 33 Ststes and the Virgin Islands were 

### required to submit SIPs to address reasonably atlributable visibility impainnent. At this point in time, EPA has made no determination that emissions from any State interfere with measures required to be included in a plan to address reasonably attributable visibilityimpairment. Further, EPA is not aware ofany certification of existingreasonably attributable impairment ofvisibililyby a Federal Land Managerthsthas not already been resolved. The EPA acconlinglybelieves thst Ststes should be able to make a re1stively simple SIP submission verifying thst no source within the State emits pollutants thst interfere with measures included in the visibility SIPs underthe 1980 regulations. In 1999, EPA found thst all Ststes contsin sources whose emissions are reasonably anticipated to conIribute to regional haze in one ormore Class I areas.' 

### Punsusnt to this finding, States are currently under an obligation to submit SIPs that**~ntain** measures to address regionsl haze, including a long-term strstegyto address visibility impairment fur each Class I areawhich may be affectedby emiMions from a State.9 The States and Regional Planning Organizations are currently engaged in the 

### task ofidentifying those Class I areas impacted by 

### each State's emissions sud developing strstegies fur addressing regionsl haze to be included in the States' regional haze SIPs. These SIP submissions are due no later

### than December 17, 2007. As. aresult, EPA believes thst it is currentlypremature 

### to determine whether ornot Stste SIPs for 8-hourozone or PM2.5 contain adequate provisions to prohibit emissions thst interfere with. measures in otherStstes' SIPs designed to address regionsl haze. Accordingly, EPA believes thst States may make a simple SIP submission confirming that it is notpossible st this time to assess whether there is any interference withmeasures in the applicable SIP fur another

7 See, 40 CFR section 51.300-308. 'See, "Regional Haze Regulations," 64 FR 35,714, 35,721 (July 1,1999). '40 CPR 51.308(d)(3). 9State designed to "protectvisibility" for the 8-hour ozone and PM2.5 NAAQS until regional haze SIPs are submitted and approved. The EPA 

### will assist each State to evaluate the available information and to develop a sufficient SIP submission and demonstration to meet this element ofsection IIO(a)(2)(D)(i). EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.
.
7. When should 

### States make section 110(a)(2)(»)(1) 

### SIP submissions? The EPA made the finding offailure to submit in April of2005, with an effective date of May 25, 2005. As a result ofthe finding offailure to submit, the CAA imposes a 24-month clock for EPA to issue a FIP, unless a Stale has made the required submission to ClUI"C the failure to submit and EPA has acted to approve such submission fully in advance' ofthe end ofthe 24-month period. In conjunction with the CAIR, EPA has promulgated a FIP for alljurisdictions in the CAIR region to provide a federal backstop to insure timely and effective reductions ofemissions from those States in accordance with section 11O(a)(2)(D)(i)(I). The EPA has not, however, promulgated a FIP addressing section IIO(a)(2)(D)(i) for any States outside ofthe.CAIR region. States outside the CAIRregion must therefore make submissions to 

### meet the significant contribution and interferem:e with maintenance requirements ofsection IIO(a)(2)(D)(i)(l) to avoid a FIP addressing those requirements. In addition, all States have an outstanding statutory obligation to make a SIP submission to 

### meet the requiremenls ofsection 11 O(a)(2)(D)(i)(U) in avoid a FIP for those requirements.

. . The EPA is currently under an obligation to issue a FIP by May 25. 2007, for any State that does notmake a submission that 

### cures the outstanding elements ofsection IIO(a)(2)(D)(i) for that State. Unless the Statemakes the necessary SIP submission sufficiently in advance of that date for EPA to evaluate the**submi~ion** and to take the necessary rulemaking action to approve or disapprove it, EPA may need to initiate the FIP rulemaking process in order to meet the May 2007 FIP deadline. Forthis 

### reason, EPA believes that it would be appropriate for each State to make the SIP submission necessary to meet its outstanding obligations under section I10(a)(2)(D)(i) well in advance ofthe May 25, 2007 FIP deadline. The EPA therefore suggests that States should make theirSIP submission by no Isterthan November 25, 2006, in orderto allow adequate time for the necessary Agency action on the submission.

. The EPA recognizes thatthis target SIP submission date is only 18 months after the effective date ofthe finding offailure to submit, and that the Agency 

### is issuing this guidance concerning the necess,ary SIP submissions only shortly in advance ofthe 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 canmake appropriate SIP submissions as close to 10

### November 25, 2006, as possible. However, in the eveiJtofsubmissions significantly laterthan this**~e,** 

### EPAmayneed to initiate 

### the FIP process to meet its own statutory

### obligations to implement FIPs where States fail to submit SIPs that the AgeIlCY can approve in 

### advance ofthe May25,2007 FIP deadline.

11Attacbment A: States subject to the CAIR



### Alabama Mississippi
Arlcansas (ozone only) Missouri
Connecticut (ozone only) NewYorlc
Florida New Jersey
Delaware North Carolina Georgia (pM 2.5 only) Ohio
illinois Pennsylvania
Indiana South Carolina
Iowa Tennessee Kentucky Texas (pM 2.5 only)
Louisiana Virginia Maryland WestVirginia
Massachusetts (ozone only) Wisconsin Michigan District ofColumbia
Minnesota (PM 

### 2.5 only)

12