MEMORANDUM

SUBJECT: E m ission State m ent Require m ent Under 8

- hour Ozone NAAQS I m pl e m entation

FROM: Tho m as C. Curran, Director

Air Quality Assess m ent Division ( C 304

- 02)

TO: Regional Air Division D i rectors

SUMMARY

This m e m o r andum clarifies that the E m ission State m ent require m ent under the Clean Air Act (“Act”) section 182(a)(3)(B), is a pplicable to all areas design a ted nonattain m ent for the 8

- hour ozone national a m

bient air quality standard ( NAAQS) and classified m arginal or higher under subpart 2, part D, title I of the Act.

BACKGROUND

Section 182(a)(3)(B) requires a S t ate to revise its State i m ple m entation plan (SIP) for ozone nonattain m e nt areas that are classified m arginal or higher to:

. . . require that the owner or operat o r of each stationary source of oxides of nitrogen or volatile organic co m

pounds provide the State with a st ate m ent, in such form as the Ad m i nistrator m ay prescribe (or accept an e qu i v a l e n t a l t ern a ti ve d eveloped by the State), for classes or categories of sources, show i ng the actual e m issions of oxides of nitrogen and volatile organic compounds from that s o urce. The first such state m ent shall be sub m itted within 3 y ears a f ter the d ate of the ena c t m ent of the Clean Air Act A m end m en t s of 1990. Subsequent state m ents shall be sub m i tted at least every year thereafter. T he state m ent shall contain a certifi c ation that the info r m ation contained in the
state m ent is accurate to the best kn o wledge of the indi v i dual certifying t h e state m ent . . .

On April 30, 2004, EPA published in the Federal Register the Phase 1 rule to i m ple m ent the 8

- hour ozone NAAQS (69 FR 23951). Th e Phase 1 i m pl e m entation rule set forth provisions to have so m e 8

- hour ozone nonattain m e nt areas cover e d under subpart 1 of part D of title I of the Act, and the re m ainder to be covered under subpart 2 of the sa m e part and title of the A ct, and classified accordingly. On the sa m e date, EPA set forth nonattain m ent and attain m ent designations for the 8

- hour ozone NAAQS (69 FR 23858), and classified the areas covered under subpart 2 as m arginal and above. The Phase 1 r u le also provided for revoking the 1

- hou r ozone NAAQS and anti

- backsliding provis i ons related to the transition from the 1

- hour to the 8

- hour ozone standard.

On Nov e m

b er 29, 2005, EPA published the Phase 2 rule to imple m ent the 8

- hour ozone NAAQS (70 FR 71612), which covered the re m aining issues related to i m pl e m entation, such as the require m ent for nonattain m ent SIPs to contain an e m ission inventory, attain m ent d e monstration, and provisions for reasonably available con t rol technology (RACT) and reasonable furtherprogress (RFP). Neither the Phase 1 nor Phase 2 i m ple m entation rules a dd r essed how the section 182(a)(3)(B) require m ent for e m ission state m ents would apply in areas classified under subpart 2. In this m e m orandu m , we are clarifying that w e plan to interpr e t t h is require m ent for the 8

- hour standard in the same m anner in which we interpreted it f or the 1

- hour standard. We note that under section 182(a)(3)(B)(i i ), the State m ay waive the e m issions state m ent require m ent for any class o r categ o ry of stationary s o urce s w h ich e m it less than 25 tons per year of volatile organic compounds or oxides of nitrogen if the S t ate provides an inventory of e m issions from such class or category of sources, based on the u s e of the e m i ssion facto r s established by EPA or other m ethods acce p table to EPA.

Regional Offices should advise their respective S t ates of this require m ent and re m i nd them to sub m it their SIP revisions to address the e m issions state m ent require m ents of the Act. Consistent with EPA’s interpret a tion of the sub m ission period for other subpart 2 obligations, the 2

- year sub m ission period for the emission state m ent rule for the 8

- hour ozone standard will run from the date an area was designated nonattainment and classified under subpart 2 for the 8

- hour standard. T hus, S tates should sub m it their e m i ssion state m ent rule by June 15, 2006, and the rule should provide that sources sub m it their first e m ission state m ents to the State by no later than June 15, 2007 (for the 2006 calend a r year). If an area has a previously appro ved e m ission
state m ent rule for the 1

- hour standard that c o vers all portions of the designated 8

- hour nonattain m e nt area, such rule should be suff i cient for purposes of the e m issions state m ent require m ent for the 8

- hour standard.