Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80833 

7The IDI numbers associated with these five 

incidents are 221013HCC1142, 220802HEP8213, 

220822HCC1212, 230601HCC1530, and 

180125CBB3360. 

8The IDI numbers associated with these four 

injuries are 221013HCC1142, 220802HEP8213, 

220822HCC1212, and 230601HCC1530. IDI 

180125CBB3360 involved a branch penetrating the 

floorboard, but no injury occurred. 

The NPR includes information about the 

hazard patterns of incidents, such as 

severity of incidents, and the age and 

gender of the primary victim. 

Relevant data from CPSRMS include 

incident reports from medical 

examiners, consumers, death 

certificates, manufacturers, and media 

reports. Some of the incident data relied 

on for the rulemaking were obtained 

from 53 in-depth investigations (IDIs) 

conducted by CPSC. Among these IDIs, 

five involved fatal incidents and 48 

involved nonfatal incidents. In the 

NEISS data, staff identified only three 

cases with sufficient descriptive 

information to conclude that the injuries 

were specifically associated with debris 

penetration. Due to this small sample 

size, CPSC was unable to report any 

estimate of injuries. Instead, these three 

injury cases from NEISS were counted 

with the other reported injuries from 

CPSRMS. 

In addition, the Commission is 

considering five additional IDIs that 

were completed following publication 

of the NPR.7 Four out of five of these 

IDIs involved injuries that resulted from 

debris penetrating through the 

floorboards and causing impalement, 

laceration, bruising, or ligament injury.8

Three of those four incidents involved 

hospitalizations. 

The Commission invites comments on 

the incident data and the NPR’s analysis 

of these data. CPSC is making available 

for review and comment the incident 

reports relied upon and discussed in the 

NPR, to the extent allowed by 

applicable law, along with the 

associated IDIs and additional IDIs 

mentioned above. To obtain access to 

the data, submit a request to: https://

forms.office.com/g/Yz4tNFdhDp. You 

will then receive a website link to 

access the data at the email address you 

provide. If you do not receive a link 

within two business days, please 

contact Han Lim, email: hlim@cpsc.gov. 

Information on how to submit 

comments and contact information for 

CPSC’s Office of the Secretary are in the 

ADDRESSES section of this notice. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–22906 Filed 10–3–24; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2024–0333; FRL–11817–01– 

OAR] 

RIN 2060–AW25 

State Implementation Plan Submittal 

Deadlines and Implementation 

Requirements for Reclassified 

Nonattainment Areas Under the Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing deadlines for 

submission of state implementation 

plan (SIP) revisions and implementation 

of the relevant control requirements that 

will apply for nonattainment areas 

reclassified as Moderate, Serious, and 

Severe under the current and any future 

ozone National Ambient Air Quality 

Standards (NAAQS) as a result of either 

failing to attain the standard by the 

applicable classification attainment date 

or the EPA granting a voluntary 

reclassification request. This proposal 

articulates the implementation 

requirements and timeframes that will 

apply for all such areas once 

reclassified. The EPA is also proposing 

regulatory revisions to codify its 

existing interpretation that following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing certain, but not all, 

requirements related to the prior 

classification level for an ozone 

nonattainment area. In addition, the 

EPA is articulating in this document 

how the proposed default deadlines and 

codification of applicable requirements 

following reclassification would apply 

specifically to any nonattainment areas 

that are reclassified as Serious under the 

2015 ozone NAAQS. 

DATES: Comments must be received on 

or before November 4, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2024–0333, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2024–0333 in the subject line of the 

message. 

• Fax: (202) 566–9744. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Air and Radiation Docket, Mail 

Code 28221T, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the ‘‘I. 

Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. For information on EPA 

Docket Center services, please visit us 

online at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information about this proposed rule, 

contact Erin Lowder, U.S. EPA, Office of 

Air Quality Planning and Standards, Air 

Quality Policy Division, C535–A 

Research Triangle Park, NC 27709; 

telephone number: (919) 541–5421; 

email address: lowder.erin@epa.gov; or 

Robert Lingard, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, C539–01 

Research Triangle Park, NC 27709; by 

telephone number: (919) 541–5272; 

email address: lingard.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ means the EPA. 

Table of Contents 

I. Public Participation 

II. Overview and Basis of Proposal 

A. Overview of Proposal 

B. What is the background for the proposed 

actions? 

C. What is the statutory authority for the 

proposed actions? 

III. What is the EPA proposing and what is 

the rationale? 

A. Default Deadlines for Reclassified 

Nonattainment Areas Under the Ozone 

NAAQS 

1. Default Deadlines for Nonattainment 

Areas Reclassified as Moderate or 

Serious 

2. Default Deadlines for Nonattainment 

Areas Reclassified as Severe 

B. Status of Certain Requirements of 

Former Classification 

1. Introduction 

2. Leftover SIP Requirements 

C. Serious Area SIP Revisions for the 2015 

Ozone NAAQS 

1. Required Submission Elements 

2. Submission and Implementation 

Deadlines 

IV. Environmental Justice Considerations 


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V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

K. Judicial Review 

I. Public Participation 

Written comments: Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2024–0333, at https://

www.regulations.gov (our preferred 

method), or the other methods 

identified in the ADDRESSES section. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Clearly mark the 

part or all of the information that you 

claim to be CBI. For CBI information on 

any digital storage media that you mail 

to the EPA, mark the outside of the 

digital storage media as CBI or PBI and 

then identify electronically within the 

digital storage media the specific 

information that is claimed as CBI or 

PBI. In addition to one complete version 

of the comments that includes 

information claimed as CBI or PBI, you 

must submit a copy of the comments 

that does not contain the information 

claimed as CBI or PBI directly to the 

public docket through the procedures 

outlined in Instructions. If you submit 

any digital storage media that does not 

contain CBI or PBI, mark the outside of 

the digital storage media clearly that it 

does not contain CBI. Information not 

marked as CBI or PBI will be included 

in the public docket and the EPA’s 

electronic public docket without prior 

notice. Information marked as CBI or 

PBI will not be disclosed except in 

accordance with procedures set forth in 

40 Code of Federal Regulations (CFR) 

part 2. Our preferred method to receive 

CBI or PBI is for it to be transmitted to 

electronically using email attachments, 

File Transfer Protocol (FTP), or other 

online file sharing services (e.g., 

Dropbox, OneDrive, Google Drive). 

Electronic submissions must be 

transmitted directly to the OAQPS CBI 

Office using the email address, 

oaqpscbi@epa.gov, and should include 

clear CBI or PBI markings as described 

earlier. If assistance is needed with 

submitting large electronic files that 

exceed the file size limit for email 

attachments, and if you do not have 

your own file sharing service, please 

email oaqpscbi@epa.gov to request a file 

transfer link. If sending CBI or PBI 

information through the postal service, 

please send it to the following address: 

OAQPS Document Control Officer 

(C404–02), OAQPS, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2024– 

0333. The mailed CBI or PBI material 

should be double wrapped and clearly 

marked. Any CBI or PBI markings 

should not show through the outer 

envelope. 

II. Overview and Basis of Proposal 

A. Overview of Proposal 

The EPA is proposing default SIP 

submittal and implementation deadlines 

for the current and future ozone NAAQS 

that would apply for mandatory 

reclassifications (e.g., from Marginal to 

Moderate, Moderate to Serious, and 

Serious to Severe), and also for areas 

voluntarily reclassified as Moderate, 

Serious, and Severe. These default 

reclassification SIP submittal and 

implementation deadlines would apply 

only in cases where the otherwise 

applicable deadlines that apply to areas 

initially designated nonattainment have 

passed or are less than 18 months in the 

future from the effective date of such a 

reclassification. In the near term, if 

these default deadlines are finalized as 

proposed, they will apply to any 

nonattainment areas that are reclassified 

as Serious under the 2015 ozone 

NAAQS for failing to attain the standard 

by the Moderate attainment date of 

August 3, 2024, unless otherwise 

established in a separate notice-andcomment rulemaking. 

The EPA is proposing a general 

default SIP submittal deadline for such 

reclassified areas as the sooner of 18 

months from the effective date of the 

reclassification notice or January 1 of 

the new classification attainment year, 

except for SIP revisions addressing 

Clean Air Act (CAA) section 185. For 

the CAA section 185 fee program SIP 

submittals for areas reclassified as 

Severe, the EPA is proposing a default 

deadline of the sooner of 36 months 

after the effective date of reclassification 

to Severe or January 1 of the Severe area 

attainment year. The EPA recognizes 

that in certain circumstances, states and 

areas may seek an adjustment of these 

default deadlines; the EPA therefore 

proposes that the default SIP 

submission deadlines could be adjusted 

where such adjustment is appropriate or 

necessary, through future notice-andcomment rulemaking in specific EPA 

actions. Further discussion of these 

proposed default deadlines is provided 

in section III.A. of this document. 

The EPA is also proposing default 

deadlines for implementation of 

emissions control measures required by 

mandatory reclassifications (e.g., from 

Marginal to Moderate, Moderate to 

Serious, and Serious to Severe), and also 

for voluntary reclassifications to 

Moderate, Serious, and Severe. The EPA 

is proposing a default control 

implementation deadline of the sooner 

of 18 months after the proposed SIP 

submittal deadline or the beginning of 

the relevant attainment year ozone 

season. Similar to the SIP deadlines, the 

EPA proposes that these default control 

measure implementation deadlines 

could be adjusted where such 

adjustment is appropriate or necessary 

subject to notice-and-comment 

rulemaking in specific EPA actions. 

Further discussion of these proposed 

default deadlines is provided in section 

III.A. of this document. In addition to 

establishing default SIP submittal and 

related implementation deadlines, the 

EPA is proposing regulations to codify 

its existing interpretation that, following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing the following requirements 

related to the prior classification level 

for an ozone nonattainment area: (1) a 

demonstration of attainment by the 

prior attainment date, (2) a reasonably 

available control measures (RACM) 

analysis tied to the prior attainment 

date; and (3) for areas that are 

voluntarily reclassified before the lower 

classification’s attainment date, 

contingency measures specifically 

related to the area’s failure to attain by 

the prior attainment date. As a general 

matter, this interpretation applies with 

respect to areas reclassified by operation 

of law from (1) Marginal to Moderate, 

(2) Moderate to Serious, and (3) Serious 

to Severe, and also to any voluntary 


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1This rule does not address voluntary 

reclassifications to Extreme. The EPA expects that 

this type of reclassification will be rare. We would 

address the requirements around such a 

reclassification on a case-by-case basis, should the 

need arise. 

2Because the 2015 primary and secondary 

NAAQS for ozone are identical, for convenience, 

the EPA refers to them in the singular as ‘‘the 2015 

ozone NAAQS’’ or as ‘‘the standard.’’ 

3A design value is a statistic used to compare 

data collected at an ambient air quality monitoring 

site to the applicable NAAQS to determine 

compliance with the standard. The DV for the 2015 

ozone NAAQS is the 3-year average of the annual 

fourth highest daily maximum 8-hour average 

ozone concentration. The DV is calculated for each 

air quality monitor in an area, and the DV for an 

area is the highest DV among the individual 

monitoring sites located in the area. For more 

information on air quality design values, visit 

https://www.epa.gov/air-trends/air-quality-designvalues. 

4On October 26, 2015, the EPA issued its final 

action to revise the 8-hour NAAQS for ozone from 

0.075 ppm to 0.070 ppm. The 0.075 ppm standard 

that was promulgated in 2008 has not been revoked 

and is still in effect. See 40 CFR 51.1100 et seq. 

5Effective on September 24, 2018, the EPA also 

designated the San Antonio, Texas area as 

nonattainment for the 2015 ozone NAAQS. See 83 

FR 35136 (July 25, 2018). 

6Effective on September 24, 2018, the EPA 

classified the San Antonio, Texas area as Marginal 

by operation of law for the 2015 ozone NAAQS, 

with an attainment date of September 24, 2021. 

Upon any reclassification, the attainment deadline 

associated with each classification level for the San 

Antonio nonattainment area is based on this 

September 24, 2018, effective date. See 83 FR 35136 

(July 25, 2018). 

7 83 FR 10382 (March 9, 2018). 

8 Id.; 40 CFR 51.1300–1319. 

reclassification request granted by the 

EPA for these classifications.1

Under the CAA, the EPA is required 

to determine whether areas designated 

nonattainment for an ozone NAAQS 

attained the standard by the applicable 

attainment date, and to take certain 

steps for areas that failed to attain (see 

CAA section 181(b)(2)). For a 

concentration-based standard, such as 

the 2015 ozone NAAQS,2 a 

determination of attainment is based on 

a nonattainment area’s design value 

(DV).3 In separate actions, the EPA will 

determine whether areas classified as 

Moderate for the 2015 ozone NAAQS 

factually attained the standard by the 

applicable attainment date of August 3, 

2024, based on their DV as of the 

attainment date. As required under CAA 

section 181(b)(2)(A), where the EPA 

determines that areas failed to timely 

attain, those areas will be reclassified by 

operation of law as Serious upon the 

effective date of the EPA’s 

determination. The reclassified areas 

will then be required to attain the 2015 

ozone NAAQS as expeditiously as 

practicable, but not later than August 3, 

2027 (see CAA section 181(a)(1) (table 1) 

and 40 CFR 51.1303(a) (table 1)). States 

with jurisdiction over such areas will be 

required to submit to the EPA the SIP 

revisions for these areas that satisfy the 

statutory and regulatory requirements 

applicable to Serious areas established 

in CAA section 182(c) and in the 2015 

Ozone NAAQS SIP Requirements Rule 

(see 83 FR 62998, December 6, 2018, 

and 40 CFR 51.1300 et seq.). 

The EPA proposes in this action to 

articulate applicable requirements and 

establish deadlines for submitting SIP 

revisions that will apply to these 

reclassified areas, consistent with CAA 

section 182(i). If the proposed default 

deadlines discussed in section III.A. of 

this document are finalized, new SIP 

revisions for nonattainment areas 

reclassified as Serious under the 2015 

ozone NAAQS would be due to the EPA 

no later than 18 months after the 

effective date of the relevant 

reclassification notice or January 1, 

2026, whichever is sooner. 

Under the CAA and the Tribal 

Authority Rule (TAR), tribes may, but 

are not required to, submit 

implementation plans to the EPA for 

approval (see CAA section 301(d) and 

40 CFR part 49). Accordingly, for tribal 

nonattainment areas, a tribe is not 

required to submit any tribal 

implementation plan (TIP) revisions 

applicable to Serious areas established 

in CAA section 182(c) and in the 2015 

Ozone NAAQS SIP Requirements Rule. 

Tribes that are part of multijurisdictional nonattainment areas are 

also not required to submit 

implementation plan revisions 

applicable to Serious nonattainment 

areas. 

If the proposed default deadlines 

discussed in section III.A. are finalized 

as proposed, states would be required to 

implement any new reasonably 

available control technology (RACT) 

required for reclassified Serious areas 

under the 2015 ozone NAAQS no later 

than 18 months from the RACT 

submittal deadline or the beginning of 

the 2026 attainment year ozone season 

for that area, whichever is earlier. 

Additionally, the deadline for any new 

or revised Enhanced vehicle inspection 

and maintenance (I/M) programs (for 

areas that do not need I/M emission 

reductions to demonstrate attainment by 

the attainment date or to meet 

reasonable further progress (RFP) 

milestones) to be fully implemented 

would be as expeditiously as practicable 

but no later than 4 years after the 

effective date of the reclassification. 

Lastly, the deadline for submitting the 

first transportation control 

demonstration, as required by CAA 

section 182(c)(5), would be 2 years after 

the attainment demonstration due date. 

B. What is the background for the 

proposed actions? 

On October 26, 2015, the EPA issued 

its final action to revise the NAAQS for 

ozone to establish a new 8-hour 

standard (see 80 FR 65452, October 26, 

2015).4 In that action, the EPA 

promulgated identical tighter primary 

and secondary ozone standards 

designed to protect public health and 

welfare that specified an 8-hour ozone 

level of 0.070 ppm. Specifically, the 

standards require that the 3-year average 

of the annual fourth highest daily 

maximum 8-hour average ozone 

concentration may not exceed 0.070 

ppm. 

Effective on August 3, 2018, the EPA 

designated 51 areas throughout the 

country as nonattainment for the 2015 

ozone NAAQS (see 83 FR 25776, June 

4, 2018).5 In a separate action, the EPA 

assigned classification thresholds and 

attainment dates based on the severity 

of an area’s ozone levels, determined by 

the area’s design value (DV) (see 83 FR 

10376, March 9, 2018). In addition, the 

EPA established the attainment date for 

Marginal, Moderate, Serious, Severe, 

and Extreme nonattainment areas as 3 

years, 6 years, 9 years, 15 years, and 20 

years, respectively, from the effective 

date of the final designations. Thus, the 

attainment dates for each nonattainment 

area classification for the 2015 ozone 

NAAQS are as follows: August 3, 2021, 

for Marginal areas; August 3, 2024, for 

Moderate areas, August 3, 2027, for 

Serious areas; August 3, 2033, for Severe 

areas; and August 3, 2038, for Extreme 

areas.6 The EPA also promulgated a 

rulemaking interpreting the CAA’s 

ozone nonattainment area 

implementation requirements for the 

2015 ozone NAAQS.7 The 

implementation rulemaking articulated 

the Act’s substantive requirements for 

ozone nonattainment areas for each 

classification level and established 

deadlines for submission of plan 

revisions to address those requirements 

that were triggered off of the date of the 

areas’ initial designations for the 2015 

ozone NAAQS (e.g., 24 months from the 

effective date of designation).8

C. What is the statutory authority for the 

proposed actions? 

The statutory authority for the actions 

proposed in this document is provided 

by the CAA, as amended (42 U.S.C. 

7401 et seq.). Relevant portions of the 

CAA include, but are not necessarily 

limited to, CAA sections 172, 181, 182, 

and 301(a). 

CAA section 107(d) provides that 

when the EPA establishes or revises a 


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9CAA section 172(c)(1). 

10CAA section 181(a)(1). 

11See, e.g., CAA section 172(c)(6) (‘‘Such plan 

provisions shall include enforceable emission 

limitations . . . as well as schedules and timetables 

for compliance, as may be necessary or appropriate 

to provide for attainment of such standard in such 

area by the applicable attainment date specified in 

this part.’’); CAA section 182(b)(1)(A)(i) (‘‘Such plan 

shall provide for such specific annual reductions in 

emissions of volatile organic compounds and 

oxides of nitrogen as necessary to attain the 

[NAAQS] of for ozone by the attainment date 

applicable under this chapter.’’); CAA section 

182(b)(2) (requiring control measures on major 

stationary sources of VOCs or sources of VOCs 

covered by a CTG to be implemented as 

expeditiously as practicable but no later than the 

beginning of the ozone season of the attainment 

year). 

NAAQS, the agency must designate 

areas of the country as nonattainment, 

attainment, or unclassifiable based on 

whether an area is not meeting (or is 

contributing to air quality in a nearby 

area that is not meeting) the NAAQS, 

meeting the NAAQS, or cannot be 

classified as meeting or not meeting the 

NAAQS, respectively. Part D of title I of 

the CAA establishes the plan 

requirements that apply to all areas 

designated nonattainment. The purpose 

of these plan requirements is ensuring 

that these areas achieve attainment of 

the applicable NAAQS by the applicable 

area attainment date. Subpart 1 of part 

D sets out the plan requirements for 

nonattainment areas in general, and 

subpart 2 of part D of title I of the CAA 

governs the classification, state 

planning, and emissions control 

requirements for any areas designated as 

nonattainment for a revised primary 

ozone NAAQS. In particular, CAA 

section 181(a)(1) requires each area 

designated as nonattainment for a 

revised ozone NAAQS to be classified at 

the same time as the area is designated 

based on the extent of the ozone 

problem in the area (as determined 

based on the area’s DV). Classifications 

for ozone nonattainment areas range 

from Marginal to Extreme. CAA section 

172 (in subpart 1) covers nonattainment 

area plan provisions in general, and 

CAA section 182 (in subpart 2) provides 

the specific attainment planning and 

additional requirements that apply to 

each ozone nonattainment area based on 

its classification. Subparts 1 and 2 also 

establish the timeframes by which air 

agencies must submit and implement 

SIP revisions to satisfy the applicable 

attainment planning elements, and 

require that such plans ‘‘shall provide 

for attainment of the NAAQS,’’ 9 and 

that the ‘‘primary standard attainment 

date for ozone shall be as expeditiously 

as practicable’’ but not later than a 

maximum attainment date measured 

from the effective date of the area’s 

designation.10 The EPA has also 

promulgated regulations interpreting 

these requirements for the 2008 ozone 

NAAQS and the 2015 ozone NAAQS at 

40 CFR part 51, subparts X and CC, 

respectively. 

CAA section 182(i) governs the Act’s 

requirements for areas reclassified by 

operation of law. Specifically, CAA 

section 182(i) states that areas that are 

reclassified due to failure to timely 

attain by the attainment date ‘‘shall 

meet such requirements of subsections 

(b) through (d) of this section as may be 

applicable to the area as reclassified, 

according to the schedules prescribed in 

connection with such requirements, 

except that the Administrator may 

adjust any applicable deadlines (other 

than attainment dates) to the extent 

such adjustment is necessary or 

appropriate to assure consistency among 

the submissions.’’ Subsections (b) 

through (d) of CAA section 182 cover 

the required SIP revisions for Moderate 

(182(b)), Serious (182(c)), and Severe 

(182(d)), and those requirements are 

generally cumulative (see, e.g., CAA 

section 182(b) (requiring Moderate areas 

to make submissions relating to 

Marginal areas in addition to the 

revisions for the Moderate 

classification)). The SIP revisions, 

control measures, and timing of such 

submissions and controls are intended 

to, among other things, ensure that areas 

will attain the NAAQS as expeditiously 

as practicable, but no later than the 

applicable attainment date. As 

discussed in more detail later in this 

document, most SIP requirements are 

not dependent on the attainment date 

itself, but certain SIP requirements are 

inherently tied to the applicable 

attainment date and therefore are no 

longer required for the lower 

classification after the area is 

reclassified. 

As noted, CAA section 182(i) also 

provides the Administrator with 

authority to adjust applicable deadlines 

(other than attainment dates) for areas 

that are reclassified as a result of failure 

to attain the NAAQS under CAA section 

182(b)(2), ‘‘to the extent such 

adjustment is necessary or appropriate 

to assure consistency among the 

required submissions.’’ In proposing the 

adjustment of applicable deadlines for 

reclassified areas, the EPA considered 

the timeframes provided under the 

statute for the submission and 

implementation of requirements for 

initial area designations and 

classifications. Unsurprisingly, many of 

the nonattainment plan requirements in 

subparts 1 and 2 establish timing of the 

submission and implementation of 

controls such that those plans and 

controls will influence attainment of the 

NAAQS within the area by the 

attainment date.11 The EPA’s proposed 

submission and implementation 

schedules for reclassified areas in this 

document are consistent with the 

overall schedule of the submission of 

substantive requirements that are 

associated with a classification, but 

adjusts those schedules to fit the 

abbreviated timeframe available to 

reclassified areas before the next 

applicable attainment date. In 

particular, the EPA’s proposed 

deadlines for implementation of 

controls and SIP submissions are 

informed by the need to ensure that the 

reductions resulting from the Act’s 

requirements are consistently due in 

time to influence an area’s attainment 

by the attainment date, to the extent the 

applicable controls are necessary to 

achieve attainment by that date. 

While some areas are reclassified due 

to failure to attain by the attainment 

date, others may be reclassified as a 

result of a state’s request. CAA section 

181(b)(3) states that ‘‘[t]he 

Administrator shall grant the request of 

any State to reclassify a nonattainment 

area in that State . . . to a higher 

classification.’’ In some cases, states 

may seek voluntary reclassification to a 

higher classification early in the 

designation and planning cycle, and in 

those cases, the existing SIP submittal 

and implementation deadlines for the 

higher classification would continue to 

apply. In other instances, states may 

request a voluntary reclassification 

under CAA section 181(b)(3) where the 

SIP submittal and implementation 

deadlines have already passed or will 

occur in the near future. CAA section 

182(i) specifically provides authority to 

the EPA to adjust applicable deadlines, 

other than attainment dates, for areas 

that are reclassified as a result of a 

failure to attain under CAA section 

181(b)(2), but section 182(i) does not 

specifically reference areas that are 

voluntarily reclassified under CAA 

section 181(b)(3). Per CAA section 

301(a)(1), the EPA has determined that 

regulations are necessary to prescribe 

the SIP submittal and implementation 

deadlines for such voluntarily 

reclassified areas, where the deadlines 

associated with the requested higher 

classification have already passed or 

will occur in the near future (i.e., less 

than 18 months from the effective date 

of the reclassification). 

The EPA’s proposed deadlines in this 

document were also informed by the 

amount of time that the CAA prescribes 

when new implementation plans are 


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12CAA section 182(i) specifically provides 

authority to the EPA to adjust applicable deadlines, 

other than attainment dates, for areas that are 

reclassified as a result of failure to attain under 

CAA section 182(b)(2), to the extent such 

adjustment is necessary or appropriate to assure 

consistency among the required submissions. The 

provision does not specifically reference areas that 

are voluntarily reclassified under CAA section 

181(b)(3); the EPA is therefore reasonably proposing 

to adjust deadlines for such areas under its general 

rulemaking authority in CAA section 301(a), 

consistent with CAA section 182(i). 

13The difference in attainment deadlines between 

Marginal and Moderate classifications is 3 years, 

between Moderate and Serious areas is 3 years, and 

between Serious and Severe areas is 6 years. See 

CAA section 181(a) and 40 CFR 51.1302. 

required to be submitted under various 

circumstances (see, e.g., CAA section 

110(k)(5) (allowing EPA to ‘‘establish 

reasonable deadlines (not to exceed 18 

months)’’ after notification that a SIP is 

inadequate); CAA section 179(d) 

(subpart 1 requirement that within one 

year of a finding that a nonattainment 

area has failed to attain by its attainment 

date, States must submit a new SIP 

revision addressing nonattainment plan 

requirements)). 

III. What is the EPA proposing and 

what is the rationale? 

A. Default Deadlines for Reclassified 

Nonattainment Areas Under the Ozone 

NAAQS 

The EPA is proposing to establish 

default SIP submittal and 

implementation deadlines for 

reclassifications by operation of law 

pursuant to section 181(b)(2) and 

voluntary reclassification requests 

pursuant to section 181(b)(3) for areas 

reclassified as Moderate, Serious, and 

Severe for all current and future ozone 

NAAQS. States responsible for areas 

initially designated as nonattainment 

are required to prepare and submit SIP 

revisions by deadlines relative to the 

effective date of the rule establishing 

area designations, and the submission 

deadlines vary depending on the SIP 

element required (e.g., the statute 

provides 3 or 4 years from initial 

nonattainment designation to submit 

SIPs for some requirements and 2 years 

for others). Areas initially designated as 

nonattainment are also required to 

implement RACT as expeditiously as 

practicable, but no later than January 1 

of the fifth year after the effective date 

of designations. 

The EPA recognizes that upon 

reclassification, especially when under 

CAA section 181(b)(2), a state can be 

faced with limited time to submit and 

implement required SIP revisions prior 

to the next attainment date. In addition, 

in some cases, the SIP submission and 

implementation deadlines associated 

with areas initially classified at a level 

may have already passed at the time of 

reclassification, making it impossible to 

apply, for example, the Moderate area 

SIP submission and implementation 

deadlines to areas that are mandatorily 

reclassified to Moderate upon failure to 

attain by the Marginal area attainment 

date. In light of these considerations, the 

EPA has historically adjusted deadlines 

pursuant to the general rulemaking 

authority granted under CAA section 

301(a) to prescribe regulations as are 

necessary to carry out the functions of 

the Act, and the specific authority 

granted by CAA section 182(i).12 The 

EPA has promulgated these adjustments 

of SIP submission and implementation 

deadlines that apply to reclassified areas 

with the intent to ensure consistency 

amongst submissions, encourage 

meaningful reductions towards 

expeditious attainment of the NAAQS, 

and promote planning flexibility where 

possible, within the fixed outer bound 

of an area’s new maximum attainment 

date. 

We recognize that because the 

adjustments in these deadlines are not 

made until after an area’s attainment 

date under a lower classification, the 

time between reclassification and a 

reclassified area’s new attainment date 

will inherently provide less time than 

the period of time provided between 

initial designation and classification 

and that classification’s initial 

attainment date. For example, an area 

that is initially classified as Marginal is 

afforded 3 years to attain the NAAQS 

per CAA section 181(a)(1). If that area 

fails to attain by the Marginal area 

attainment date, and the EPA timely 

issues its finding 6 months after the 

attainment date per CAA section 

181(b)(2), then the area has no more 

than 2.5 years from that point in time to 

plan for and attain the NAAQS by its 

new Moderate area attainment date, 

which is far less than the 6 years that 

areas initially classified as Moderate are 

allotted. 

In some cases, though, particularly 

where a state requests a voluntary 

reclassification pursuant to CAA section 

181(b)(3) and does so well before the 

area’s attainment date, the existing 

deadlines associated with the higher 

classification’s requirements will not 

have passed and it will be practicable 

for the state to meet those deadlines 

without adjustment. The EPA is 

therefore proposing that, where the 

existing deadlines are 18 months or 

more from the effective date of 

reclassification, the EPA will not adjust 

such applicable deadlines or set new 

ones under its CAA section 182(i) and 

301(a) authority. The 18-month 

timeframe is the outer boundary of what 

the CAA sets as a ‘‘reasonable deadline’’ 

for SIP revisions required following a 

finding of inadequacy (see CAA section 

110(k)(5)), and where that period of time 

remains for SIP development for a 

reclassified area, we do not think 

adjustment is necessary, nor is it needed 

to assure expeditious attainment of the 

NAAQS or that the required 

submissions will be implemented 

consistently with the Act’s structure. 

The Act’s establishment of 18 months as 

an outer boundary in CAA section 

110(k)(5) also indicates that Congress 

judged that this timeframe would be 

sufficient for states to identify and 

develop control measures, to draft 

revisions to address attainment plans 

and other requirements, and to complete 

the required public notice process, 

adopt such revisions, and to submit 

them to the EPA. 

However, we note that the Act does 

not guarantee states will have 18 

months to revise their SIPs following a 

finding of inadequacy, and nor does this 

proposal establish that states are 

entitled to have 18 months to revise 

plans to address requirements of the 

new classification. Expeditious 

attainment of the NAAQS and ensuring 

that requirements are in place in time to 

influence attainment by the attainment 

date will, in many cases, require that 

states are afforded much less than 18 

months to revise SIPs. This will be 

particularly true where areas fail to 

attain by their attainment date, 

especially for the lower classifications 

where the interval between attainment 

dates is only 3 years,13 and where states 

fail to request a voluntary 

reclassification early in the 

implementation schedule. 

The EPA invites comments on its 

proposal to adjust applicable deadlines 

where the existing classification 

deadline has either passed or is less 

than 18 months away, and whether a 

different remaining time period for an 

existing deadline should be considered. 

The proposed default adjustment of 

deadlines that would apply in these 

circumstances will provide advance 

notice and certainty to any states with 

nonattainment areas that may fail to 

attain an ozone NAAQS by the 

applicable attainment date in the future. 

Because many of these same timingrelated pressures will exist with 

voluntary reclassifications, the EPA is 

proposing to also set the same default 

SIP submission and implementation 

deadlines to provide certainty to any 

states that are contemplating making 


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14See, e.g., 40 CFR 51.1100 et seq. (2008 ozone 

NAAQS), and 40 CFR 51.1300 et seq. (2015 ozone 

NAAQS). 

15 Id. 

16See, e.g., ‘‘Final Rule—Determinations of 

Attainment by the Attainment Date, Extensions of 

the Attainment Date, and Reclassification of Areas 

Classified as Marginal for the 2015 Ozone National 

Ambient Air Quality Standards’’ (87 FR 60897, 

60907, October 7, 2022). 

such requests. The proposed default 

deadlines are listed in table 1 for clarity. 

TABLE 1—DEFAULT SIP SUBMISSION AND CONTROL MEASURE IMPLEMENTATION DEADLINES FOR RECLASSIFIED OZONE

NONATTAINMENT AREAS WHEN THE CLASSIFICATION-RELATED DEADLINES FOR INITIAL DESIGNATIONS PROVIDE INSUFFICIENT TIME

SIP requirement Proposed default deadline 

Default Deadlines for Reclassified Nonattainment Areas 

SIP submittal deadline for all elements, unless addressed differently elsewhere in this table.Within 18 months after the effective date of the relevant reclassification or January 1 of the applicable attainment year, whichever is sooner. 

RACT implementation deadline ................................................. Within 18 months from the RACT SIP submittal deadline or the beginning of the 

applicable attainment year ozone season as defined by 40 CFR appendix D 

to part 58(i), whichever is sooner. 

I/M implementation deadline (Basic and Enhanced) ................. No later than 4 years after the effective date of the relevant reclassification notice (unless needed for attainment by the attainment date or to demonstrate 

RFP). 

Default Deadlines for Reclassified Severe Nonattainment Areas 

SIP submittal deadline for section 185 fee program element ... 36 months after the effective date of the relevant reclassification notice or no 

later than January 1 of the applicable attainment year, whichever is sooner. 

Establishing default deadlines for 

areas reclassified under CAA sections 

181(b)(2) and 181(b)(3) is necessary and 

appropriate to ensure states are 

submitting SIP revisions and 

implementing control measures 

triggered by reclassification on a 

consistent timeline that retains the 

statute’s framework of applying 

requirements in time to achieve 

attainment by the attainment date. 

Doing so also provides states maximum 

advance visibility into the time that will 

be provided for development of SIP 

revisions and new control measures 

designed to expeditiously attain the 

NAAQS. The EPA’s expectation is that 

providing a consistent framework for 

SIP development for reclassified areas 

will establish certainty for states with 

areas that fail to timely attain, and that 

such states can begin focusing on 

identifying meaningful reductions and 

developing SIPs to obtain those 

reductions earlier than they would 

under the EPA’s historical practice of 

issuing SIP revision submission and 

control measure implementation 

deadlines after or in parallel with the 

determinations that result in area 

reclassifications. However, we recognize 

the possibility that in some situations, 

the default deadlines may not be 

appropriate or serve the statutory goals 

of consistency amongst submissions or 

expeditious attainment of the NAAQS. 

Therefore, we propose that the EPA 

would retain authority under CAA 

sections 301(a) and 182(i) to establish a 

set of SIP submission and control 

measure implementation deadlines on a 

case-by-case basis, through notice-andcomment rulemaking, that deviate from 

the default deadlines proposed in this 

document, if finalized, where 

appropriate. 

1. Default Deadlines for Nonattainment 

Areas Reclassified as Moderate or 

Serious 

SIP requirements that apply to 

Moderate areas are generally cumulative 

of CAA requirements for the Marginal 

classification and include additional 

Moderate area requirements (see CAA 

sections 172(c)(1) and 182(a) and (b)). 

The EPA has further interpreted and 

described these requirements in its 

implementation rules.14 Similarly, SIP 

requirements that apply to Serious areas 

are generally cumulative of CAA 

requirements for the Marginal and 

Moderate area classifications and 

include additional Serious area 

requirements (see CAA sections 

172(c)(1) and 182(a)–(c)). The EPA’s 

implementation rules also provide 

further interpretation of the statutory 

Serious area requirements.15

a. Default Submission Deadline for 

Required SIP Revisions 

The time period between designation 

and the maximum attainment date for 

nonattainment areas initially classified 

as Moderate or Serious is 6 or 9 years, 

respectively. In the case of mandatory 

reclassification after initial area 

designations pursuant to CAA section 

181(b)(2), reclassified Moderate and 

Serious areas would typically have less 

than 3 years between the date of 

reclassification and the area’s new 

maximum attainment date. Given the 

compressed timeline that reclassified 

Moderate and Serious areas face, and 

consistent with past practice,16 we are 

proposing to set the SIP submission 

deadlines for all the various 

requirements for newly reclassified 

Moderate and Serious areas as within 18 

months of the effective date of the 

relevant reclassification notice or 

January 1 of the applicable attainment 

year, whichever is sooner, unless 

otherwise specified in a separate noticeand-comment rulemaking establishing a 

different SIP submission deadline. 

While not all of the ‘‘schedules 

prescribed in connection with’’ the 

various subpart 2 requirements are the 

same, because the timeframe to attain by 

the newly applicable attainment date for 

Moderate and Serious areas is 

compressed from either 6 or 9 years to 

less than 3 years, we propose to apply 

one SIP revision deadline that is at most 

18 months from the effective date of 

reclassification, but in any case no later 

than January 1 of the attainment year. 

As previously stated, the EPA believes 

that, in most cases, 18 months should 

provide states sufficient time for 

assessing, adopting, and implementing 

emission reduction measures such that 

any reclassified nonattainment areas can 

expeditiously attain the ozone NAAQS, 

consistent with part D’s purpose of 

achieving expeditious attainment by the 

attainment date. Similarly, a default SIP 

submission deadline of January 1 of the 

applicable attainment year would 


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17 ‘‘Final Rule—Determinations of Attainment by 

the Attainment Date, Extensions of the Attainment 

Date, and Reclassification of Several Areas for the 

2008 Ozone National Ambient Air Quality 

Standards’’ (81 FR 26697, 26705, May 4, 2016). 

18 ‘‘Final Rule—Determinations of Attainment by 

the Attainment Date, Extensions of the Attainment 

Date, and Reclassification of Areas Classified as 

Marginal for the 2015 Ozone National Ambient Air 

Quality Standards’’ (87 FR 60897, 60907, October 

7, 2022). 

19See, e.g., 88 FR 6633 (February 1, 2023) 

establishing March 1, 2023, as the due date for SIP 

revisions addressing Moderate requirements for the 

Detroit, Michigan area. 20See 40 CFR 51.372(b)(2). 

21See 40 CFR 51.1112(a)(3). 

22See 40 CFR 51.1312(a)(3)(i). 

23See 40 CFR 51.1312(a)(3)(ii). 

24See 40 CFR 51.1108(d). 

25See 40 CFR 51.1308(d). 

promote expeditious attainment of the 

ozone NAAQS by requiring states to 

submit SIPs including control measures 

needed for attainment prior to when 

those controls are required to be 

implemented. In addition, establishing 

January 1 of the attainment year as the 

outer boundary for states to submit SIP 

revisions would ensure that reclassified 

nonattainment areas are subject to 

consistent deadlines in accordance with 

CAA section 182(i) and would be in line 

with past practice. For example, the 

EPA adopted this approach for Marginal 

areas reclassified as Moderate for failure 

to timely attain the 2008 and 2015 

ozone NAAQS, to ensure consistency 

among required SIP submissions.17 18

Thus, the proposed deadline is 

necessary and appropriate to assure that 

these submissions are consistent with 

the Act’s overall scheme for expeditious 

attainment of the NAAQS by the 

attainment date, and that similarly 

situated states are treated consistently. 

In some historical instances, we have 

also established SIP submission 

deadlines that align with the beginning 

of an area’s ozone season,19 which we 

view as the outer boundary for 

establishing a SIP submission deadline 

for a reclassified area, because the 

beginning of the attainment year ozone 

season is the maximum deadline under 

the statutory ozone RACT provision and 

the EPA’s existing regulations 

interpreting that provision to implement 

RACT. The EPA does not believe it is 

reasonable to establish a SIP submission 

date for controls subsequent to a date 

when those controls are required under 

the Act to already be implemented. For 

many ozone nonattainment areas in the 

country, January 1 is the beginning of 

the ozone season. But there are states 

that have a later start to the ozone 

season in March, April, or May. We 

therefore take comment on establishing 

the later alternative SIP submission 

deadline for reclassified Moderate and/ 

or Serious areas as the beginning of the 

attainment year ozone season (rather 

than January 1 of the attainment year), 

recognizing that doing so would result 

in different SIP submission deadlines 

for different reclassified areas, 

depending on when the area’s ozone 

season begins. 

The EPA’s proposed SIP submission 

deadline for areas reclassified as 

Moderate or Serious of no later than 18 

months after the effective date of the 

relevant reclassification notice or 

January 1 of the applicable attainment 

year, whichever is earlier, would apply 

to all newly applicable requirements 

associated with the reclassification, 

including SIPs to address RACT and I/ 

M. The EPA’s implementing regulations 

for the 2015 ozone NAAQS established 

a default RACT SIP submission deadline 

for areas reclassified Moderate or higher 

of either 24 months from the 

reclassification effective date or a 

deadline established by the 

Administrator in the reclassification 

action using its discretion under CAA 

section 182(i) (see 40 CFR 

51.1312(a)(2)(ii)). We have found that a 

RACT SIP submission deadline of 24 

months after the effective date of the 

reclassification action has resulted in 

SIP submission deadlines that are later 

than the beginning of the attainment 

year ozone season, and in some cases, 

near or after an applicable Moderate or 

Serious area attainment date. In every 

case of reclassification under the 2008 

and 2015 ozone NAAQS, it has not been 

possible to provide a RACT SIP 

submission deadline of 24 months from 

the effective date of the reclassification 

for an area that was reclassified as result 

of failure to attain by the attainment 

date. We are therefore proposing to 

remove the existing RACT SIP 

submission deadline in 40 CFR 

51.1312(a)(2)(ii) and replace it with the 

general default deadlines discussed in 

this action. 

Thus, if this action is finalized as 

proposed, the default SIP submission 

deadlines for newly required Basic or 

Enhanced I/M SIPs, would also become 

the sooner of 18 months from the 

effective date of the relevant 

reclassification notice or January 1 of 

the applicable attainment year. This is 

necessary to be consistent with the I/M 

regulations which provide that an I/M 

SIP shall be submitted no later than the 

deadline for submitting the area’s 

attainment SIP.20

b. Default Implementation Deadlines for 

RACT and I/M 

With respect to implementation 

deadlines, the EPA’s implementing 

regulations for the 2008 ozone NAAQS 

require that, for areas initially classified 

as Moderate or higher, a state shall 

provide for implementation of RACT as 

expeditiously as practicable, but no later 

than January 1 of the 5th year after the 

effective date of designation.21

Similarly, the EPA’s implementing 

regulations for the 2015 ozone NAAQS 

require that, for areas initially classified 

as Moderate or higher, a state shall 

provide for implementation of RACT as 

expeditiously as practicable but no later 

than January 1 of the fifth year after the 

effective date of designation.22 The 

EPA’s implementing regulations for the 

2015 ozone NAAQS also require that, 

for RACT required pursuant to 

reclassification, the state shall provide 

for implementation of RACT as 

expeditiously as practicable, but no later 

than the beginning of the attainment 

year ozone season associated with the 

area’s new attainment deadline, or 

January 1 of the third year after the 

associated SIP submission deadline, 

whichever is earlier; or the deadline 

established by the Administrator in the 

final action issuing the area 

reclassification.23 In addition, the 

modeling and attainment demonstration 

requirements for 2008 ozone 

nonattainment areas require that a state 

must provide for implementation of all 

control measures needed for attainment 

no later than the beginning of the 

attainment year ozone season.24

Similarly, the EPA’s implementing 

regulations for the 2015 ozone NAAQS 

require that the modeling and 

attainment demonstrations for areas 

classified Moderate or higher must 

provide for implementation of all 

control measures needed for attainment 

no later than the beginning of the 

attainment year ozone season, 

notwithstanding any alternative 

deadline established per 40 CFR 

51.1312.25 Underlying these 

implementation deadlines is the EPA’s 

consideration that any RACT deadline 

should, where possible, provide at least 

one full ozone season in advance of an 

area’s maximum attainment date for 

implemented controls to achieve 

emission reductions and positively 

influence an area’s monitored design 

value. 

The EPA recognizes that the 

beginning of the ozone season varies 

among states and nonattainment areas. 

For some nonattainment areas, the 

ozone season begins in January and for 

other areas it begins in March, April, or 

May. Consequently, the beginning of the 

attainment year ozone season ranges 

from January to May of the year before 


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26The I/M program implementation deadline at 

40 CFR 51.373(d) states: ‘‘For areas newly required 

to implement enhanced I/M as a result of 

designation under the 8-hour ozone standard, the 

required program shall be fully implemented no 

later than 4 years after the effective date of 

designation and classification under the 8-hour 

ozone standard.’’ A start date for I/M programs of 

4 years after the effective date of designation and 

classification under the 8-hour ozone standard is 

also cited in the Basic I/M performance standard at 

40 CFR 51.351(c) and (i)(2). 

27 John S. Seitz, Memo, ‘‘Reasonable Further 

Progress, Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment Areas 

Meeting the Ozone National Ambient Air Quality 

Standard,’’ May 10, 1995, at 4. 

28See, e.g., 87 FR 60897 (October 7, 2022) 

(establishing Basic I/M implementation deadlines 

for areas reclassified from Marginal to Moderate for 

the 2015 ozone NAAQS); 89 FR 51829 (June 20, 

2024) (establishing Enhanced I/M implementation 

deadlines for certain Texas areas that were 

voluntarily reclassified from Moderate to Serious 

for the 2015 ozone NAAQS). 

the area’s maximum attainment 

deadline. The EPA’s existing 

implementing regulations informed the 

default RACT implementation deadline 

that we are proposing in this document 

for any area reclassified as Moderate or 

Serious. Such proposed default deadline 

would require states to implement 

RACT as expeditiously as practicable, 

but no later than 18 months from the 

proposed RACT SIP submittal deadline 

or the beginning of the applicable 

attainment year ozone season, 

whichever is earlier. We are proposing 

that this default deadline would apply 

instead of the existing regulatory 

provision in 40 CFR 51.1312(a)(3)(ii), 

which applied only to the 2015 ozone 

NAAQS. As we proposed for 

establishment of SIP submission 

deadlines, the EPA is also proposing 

that the regulation would allow the EPA 

to establish a different deadline in a 

notice-and-comment rulemaking in 

order to accommodate fact-specific 

circumstances, where appropriate. 

With respect to the default 

implementation deadlines for Basic and 

Enhanced I/M programs required as the 

result of a mandatory reclassification, 

states wishing to use emission 

reductions from their newly required I/ 

M programs for the ozone NAAQS 

would need to have such programs fully 

established and start testing as 

expeditiously as practicable, but no later 

than the beginning of the applicable 

attainment year ozone season, 

consistent with the CAA principle (and 

logic) that measures that are needed to 

demonstrate attainment by the 

attainment date must be in place early 

enough to impact the air quality design 

value that will be used to determine 

whether the area attained by that date. 

The EPA’s implementing regulations for 

the 2008 and 2015 ozone NAAQS 

therefore adopt this principle with 

respect to implementation of I/M when 

required as a result of a reclassification. 

However, given the unique nature of I/ 

M programs, there are many challenges, 

tasks, and milestones that must be met 

in establishing and implementing an I/ 

M program. The EPA realizes that 

implementing a new or revised I/M 

program on an accelerated timeline may 

be difficult to achieve in practice. 

Therefore, for states that do not intend 

to rely upon emission reductions from 

their newly required Basic or Enhanced 

I/M program in attainment or RFP SIPs, 

we are proposing to allow these Basic 

and Enhanced I/M programs to be fully 

implemented no later than 4 years after 

the effective date of reclassification, 

explained as follows. 

Under CAA section 182(i), 

mandatorily reclassified areas are 

generally required to meet the 

requirements associated with their new 

classification ‘‘according to the 

schedules prescribed in connection with 

such requirements.’’ The I/M 

regulations provide such a prescribed 

schedule in stating that newly required 

I/M programs are to be implemented as 

expeditiously as practicable. The I/M 

regulations also allow areas newly 

required to implement I/M up to ‘‘4 

years after the effective date of 

designation and classification’’ to fully 

implement the I/M program.26 With 

mandatory reclassifications, this 4-year 

implementation deadline for newly 

required I/M programs might extend 

beyond the corresponding attainment 

date. However, by proposing such a 

deadline for mandatorily reclassified 

areas newly required to implement a 

Basic or Enhanced I/M program (but not 

needing I/M emission reductions for 

attainment or RFP SIP purposes), the 

EPA maintains that these newly 

required I/M programs could reasonably 

be implemented after the area’s relevant 

attainment date if reductions from an I/ 

M program are not necessary for an area 

to achieve timely attainment of the 

applicable NAAQS. The EPA has long 

taken the position that the statutory 

requirement for states to implement I/M 

in ozone nonattainment areas classified 

Moderate and higher generally exists 

independently from the attainment 

planning requirements for such areas 

(see also section III.B.2. of this 

document).27 This proposed 

implementation deadline of up to 4 

years takes into consideration the 

numerous challenges and milestones 

necessary in implementing a Basic or an 

Enhanced I/M program. The EPA is 

proposing to establish that the same 

implementation deadline of up to 4 

years for areas not relying on Basic or 

Enhanced I/M for attainment or RFP SIP 

purposes is appropriate to also apply to 

voluntarily reclassified areas, where the 

higher classification deadlines for those 

areas have either already passed or are 

less than 18 months from the effective 

date of reclassification. This proposed 

deadline is not only consistent with the 

proposed deadline for mandatorily 

reclassified areas, but it is also 

consistent with EPA’s historical 

practice.28

The EPA requests comment on a 

proposed default deadline for 

reclassified Moderate and Serious areas 

requiring that any newly required Basic 

or Enhanced I/M programs be fully 

implemented as expeditiously as 

practicable, but no later than 4 years 

after the effective date of 

reclassification. The EPA again notes 

that if a state intends to rely upon 

emission reductions from its newly 

required Basic or Enhanced I/M 

programs in its attainment or RFP SIP, 

the state will need to have such I/M 

programs fully implemented no later 

than the beginning of the applicable 

attainment year ozone season. 

c. Transportation Control Demonstration 

CAA section 182(c)(5) requires states 

with Serious ozone nonattainment areas 

to submit, 6 years after November 15, 

1990, and every 3 years thereafter, a 

demonstration as to whether current 

aggregate vehicle mileage, aggregate 

vehicle emissions, congestion levels, 

and other relevant parameters are 

consistent with those used for the area’s 

demonstration of attainment. Six years 

after November 15, 1990, was 2 years 

after the statutory deadline established 

to submit attainment demonstrations for 

such areas. Because the transportation 

control demonstration is not itself a 

control that must be implemented in 

order for areas to attain by the 

attainment date, and is ideally spaced 

from the deadline of the attainment 

demonstration to allow sufficient time 

for the state to see whether actual 

vehicle emissions and parameters 

square with the projected emissions and 

parameters in the attainment 

demonstration modeling, it is 

appropriate to retain the Act’s 

prescribed schedule without adjustment 

with respect to this element for 

reclassified areas. The EPA is therefore 

proposing that for all reclassified 

Serious ozone areas, the first 

transportation control demonstration 

must be submitted within 2 years after 

the deadline for the attainment 

demonstrations for these areas and 

every 3 years thereafter. 


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29 ‘‘For any Severe Area, the terms ‘major source’ 

and ‘major stationary source’ include (in addition 

to the sources described in section 7602 of this title) 

any stationary source or group of sources located 

within a contiguous area and under common 

control that emits, or has the potential to emit, at 

least 25 tpy of volatile organic compounds.’’ CAA 

section 182(d). 

30See CAA section 182(d)(2). If a state’s plan 

requires all existing major sources in the 

nonattainment area to use best available control 

technology for VOCs consistent with CAA section 

169(3), the required offset ratio is 1.2 to 1. 

31Air agencies should review any existing 

regulation that was previously approved by the EPA 

to determine whether it is sufficient to fulfill 

obligations triggered by the revised ozone NAAQS. 

This review should include determining whether 

the nonattainment area boundary for the current 

ozone NAAQS is consistent with the boundary for 

the previous standards. Where an air agency 

determines that an existing regulation is adequate 

to meet applicable nonattainment area planning 

requirements of CAA section 182 (or ozone 

transport region RACT requirements of CAA section 

184) for a revised ozone NAAQS, that air agency’s 

SIP revision may provide a written statement 

certifying that determination in lieu of submitting 

new revised regulations. 

32This proposed deadline would not apply for 

voluntarily reclassified areas where the existing 

Severe area SIP submission deadline is at least 18 

months from the effective date of the 

reclassification. In those instances, the existing 

Severe area SIP submission deadline would apply. 

33 87 FR 21825 (April 13, 2022). 34See, 87 FR 60926 at 60932 (October 7, 2022). 

2. Default Deadlines for Nonattainment 

Areas Reclassified as Severe 

SIP requirements that apply to Severe 

areas are generally cumulative of CAA 

requirements for lower area 

classifications (i.e., Marginal through 

Serious) and include additional Severe 

area requirements as interpreted and 

described in the final SIP Requirements 

Rules for the 2008 and 2015 ozone 

NAAQS (see 80 FR 12264, March 6, 

2015; 83 FR 62998, December 6, 2018; 

CAA sections 172(c)(1) and 182(a)–(d); 

40 CFR 51.1100 et seq.; and 40 CFR 

51.1300 et seq.). For areas reclassified as 

Severe, SIP submissions must address 

the more stringent major source 

threshold of 25 tpy 29 for RACT and 

NNSR, and the more stringent NNSR 

emissions offset ratio of 1.3:1.30 In order 

to fulfill their Severe area SIP 

submission requirements, states may, 

where appropriate, certify that existing 

SIP provisions for an area are adequate 

to address one or more Severe area 

requirements. Such certifications must 

be submitted as a SIP revision.31

The EPA is proposing the same 

default SIP submittal and 

implementation deadlines for 

reclassified Severe areas as is proposed 

in section III.A.1. of this document for 

reclassified Moderate and Serious areas, 

with one exception for SIP submissions 

addressing CAA section 185 fee 

programs. More specifically, for all 

newly applicable SIP requirements 

associated with an area’s reclassification 

to Severe (except SIP submissions 

addressing section CAA section 185 fee 

programs), the EPA is proposing a 

default SIP submittal deadline as the 

earlier of 18 months after the effective 

date of the relevant reclassification 

notice or January 1 of the applicable 

attainment year.32 This proposed SIP 

submission deadline is consistent with 

the EPA’s historical adjustment of 

deadlines for ozone areas mandatorily 

reclassified from Serious to Severe 

under the 2008 ozone NAAQS as well 

as areas reclassified to Severe per a 

voluntary request from the state, for 

which we have previously established 

18-month SIP submission deadlines.33

It is appropriate to align the default 

SIP submission and implementation 

deadlines for reclassified Severe 

nonattainment areas with those 

proposed in section III.A.1. of this 

document for reclassified Moderate and 

Serious nonattainment areas. The same 

considerations articulated in section 

III.A.1. also apply here. Additionally, 

areas that have been reclassified to 

Severe are areas that have struggled over 

time to expeditiously attain the NAAQS, 

and may face more complex and 

difficult implementation obstacles than 

areas classified at lower levels. 

However, it is the Agency’s view that an 

outer boundary of 18 months remains an 

appropriate timeframe for states to 

revise SIPs as needed, even for areas 

reclassified as Severe. We recognize that 

the statute’s later maximum attainment 

date associated with higher 

classifications, and the more stringent 

requirements imposed upon such areas 

under subpart 2, reflect the ‘‘heavier 

lift’’ that Severe areas may face to attain 

the NAAQS. The longer interval 

between attainment dates between 

Serious and Severe would provide states 

more time than is available for 

reclassifications between the lower 

classifications (i.e., Marginal to 

Moderate or Moderate to Serious) for 

SIP development and identification and 

implementation of control measures. 

However, that same interval also means 

that establishing an 18-month maximum 

SIP submission and control measure 

implementation deadline will result in 

earlier implementation of the control 

measures prompted by the Severe area 

requirements, such that those measures 

may be in place to impact air quality in 

multiple ozone seasons before the 

maximum attainment date, rather than 

just the last ozone season preceding the 

attainment date, as may often be the 

practical outcome of the EPA’s proposed 

deadline for areas in the lower 

classifications. Increasing the likelihood 

that Severe area measures will be in 

place for multiple ozone seasons prior 

to the attainment date correspondingly 

increases the likelihood that these 

reclassified Severe areas will 

expeditiously attain the NAAQS by the 

attainment date. The EPA’s proposed 

deadline for reclassified areas, by 

providing 18 months for SIP 

development but requiring at least that 

those revisions and measures be 

submitted by the last calendar year 

preceding the attainment date, 

accommodates the varying positions 

areas may be in vis-a`-vis their 

attainment date, while also meeting the 

CAA’s requirement under section 182(i) 

‘‘to assure consistency among the 

required submissions.’’ 

The EPA is therefore proposing a 

default deadline for states to submit 

Severe area SIP revisions of 18 months 

after the effective date of reclassification 

or January 1 of the applicable 

attainment year, whichever is earlier. 

Specifically, the EPA is proposing that 

SIP revisions required for all newly 

reclassified Severe areas must be 

submitted by the sooner of 18 months 

after the effective date of reclassification 

or January 1 of the applicable 

attainment year, except for SIP revisions 

required to address the section 185 fee 

program element, for which the EPA is 

proposing a submittal deadline of the 

earlier of 36 months after the effective 

date of reclassification or January 1 of 

the applicable attainment year. 

Consistent with past practice, the EPA 

is proposing a later submittal date for 

the CAA section 185 fee program 

element than what is proposed for the 

other requirements because 

implementation of a CAA section 185 

fee program is a penalty for failing to 

attain the NAAQS by the applicable 

attainment date.34 Thus, an extended 

deadline of the earlier of 36 months 

after the effective date of reclassification 

or January 1 of the applicable 

attainment year, could allow states to 

focus more attention on other elements 

in the first 18 months following 

reclassification while also allowing 

enough time for states to submit, and for 

the EPA to approve, a CAA section 185 

fee program ahead of the applicable 

Severe area attainment date. However, 

to the degree that states want to take 

advantage of the administrative 

efficiency of adopting the CAA section 

185 fee program element along with 

other required Severe area SIP elements, 

they have the option to submit their 

CAA section 185 fee programs earlier, 

including with the other elements. 

CAA section 182(d)(1)(A) requires a 

state with a Severe ozone nonattainment 


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35 In August 2012, the EPA released guidance on 

VMT offset demonstrations titled ‘‘Implementing 

Clean Air Act Section 182(d)(1)(A): Transportation 

Control Measures and Transportation Control 

Strategies to Offset Growth in Emissions Due to 

Growth in Vehicle Miles Travelled’’ (EPA–420–B– 

12–053). This guidance is posted at https://

www.epa.gov/state-and-local-transportation/ 

vehicle-miles-travelled-vmt-offset-demonstrationguidance. 

area to submit a SIP revision that 

identifies and adopts specific 

enforceable transportation controls 

strategies and transportation control 

measures (TCMs) to offset any growth in 

emissions from vehicle miles traveled 

(VMT) or number of vehicles trips in 

such area. The EPA has provided 

guidance to states on how to 

demonstrate whether there has been any 

growth in emissions from growth in 

VMT or growth in the number of vehicle 

trips.35 In addition, states with Severe 

ozone nonattainment areas are required 

to submit a SIP revision that identifies 

and adopts specific enforceable 

transportation control strategies and 

TCMs to obtain reductions in motor 

vehicle emissions as necessary, in 

combination with other emission 

reduction requirements. States are also 

required to consider measures specified 

in CAA section 108(f) and choose from 

among those measures and implement 

such measures as necessary to 

demonstrate attainment with the 

relevant ozone NAAQS. In considering 

these measures, states should ensure 

adequate access to downtown, other 

commercial, and residential areas and 

should avoid measures that increase or 

relocate emissions and congestion rather 

than reduce them. The EPA proposes 

that a SIP revision to address the VMT 

offset demonstration requirement will 

be due the earlier of 18 months after the 

effective date of reclassification or 

January 1 of the applicable attainment 

year, consistent with all other Severe 

area requirements. If a demonstration 

shows that a state must adopt 

transportation control strategies or 

TCMs to offset any identified increase in 

emissions due to growth in VMT or 

vehicle trips or if additional 

transportation control strategies or 

TCMs are needed to address RFP or 

attainment, we are proposing that the 

transportation control strategies and/or 

TCMs be submitted at the same time as 

the SIP revision to address the VMT 

offset demonstration. 

In addition to these submission 

deadlines, for any controls that air 

agencies determine are needed for 

meeting CAA requirements, the EPA is 

proposing that these controls must be 

implemented as expeditiously as 

practicable, but no later than 18 months 

from the SIP submission deadline or the 

beginning of the applicable attainment 

year ozone season, whichever is earlier. 

This proposed deadline would generally 

provide a 36-month schedule for SIP 

submission and controls 

implementation for reclassified Severe 

areas. These proposed default deadlines 

are consistent with the deadlines 

established for all other Severe area plan 

elements that are established under 

CAA sections 172(c)(1) and 182(a)–(d), 

and 40 CFR 51.1100 et seq. As proposed 

in section III.A.1. of this document for 

reclassified Moderate and Serious areas, 

the EPA is also proposing to reserve the 

right to establish different SIP submittal 

and implementation deadlines for 

reclassified Severe areas in a notice-andcomment rulemaking in order to 

accommodate fact-specific 

circumstances, where appropriate. 

In addition to the SIP submission 

deadlines identified in this section, the 

CAA prohibits the sale of conventional 

gasoline in any ozone nonattainment 

area that is reclassified as Severe and 

requires that federal reformulated 

gasoline (RFG) be sold instead. The 

prohibition on the sale of conventional 

gasoline takes effect 1 year after the 

effective date of the reclassification (see 

CAA sections 211(k)(10)(D) and 

211(k)(5)). The prohibition on the sale of 

conventional gasoline takes effect by 

operation of law; therefore, states with 

such reclassified areas are not required 

to make a SIP submission associated 

with the RFG requirement. 

In summary, the EPA is proposing to 

establish default SIP submittal and 

implementation deadlines for 

reclassifications by operation of law 

under CAA section 181(a)(2) for areas 

that fail to attain by the attainment date 

and are thus reclassified as Moderate, 

Serious, or Severe for all current and 

future ozone NAAQS, and also for 

voluntary reclassifications to these 

classifications under CAA section 

181(a)(3). Establishing default SIP 

submission deadlines that are triggered 

from the effective date of reclassification 

actions will provide consistency among 

the submissions in the sense that all 

states with jurisdiction over such areas 

will be treated uniformly by having the 

same amount of time to develop and 

submit SIPs. However, we acknowledge 

that our proposal could in some cases 

result in SIP deadlines for reclassified 

areas falling on different days (because 

such deadlines will be triggered by 

reclassification actions that are 

statutorily required to happen any time 

in a 6-month window following the 

attainment date, or are granted under 

voluntary reclassification requests that 

may occur at any time). 

For areas reclassified as Moderate or 

Serious, where the initially established 

deadlines have passed or are less than 

18 months from the effective date of 

reclassification, the EPA is requesting 

comment on: (1) establishing a default 

SIP submission deadline for all 

Moderate and Serious area plan 

elements of no later than 18 months 

from the effective date of the relevant 

reclassification notice or January 1 of 

the applicable attainment year, 

whichever is earlier; (2) requiring that 

RACT be implemented as expeditiously 

as practicable, but no later than 18 

months from the RACT SIP submittal 

deadline or the beginning of the 

applicable attainment year ozone 

season, whichever is earlier; (3) 

requiring that any newly required Basic 

or Enhanced I/M programs be fully 

implemented as expeditiously as 

practicable, but no later than 4 years 

after the effective date of 

reclassification; and (4) requiring that 

the first transportation control 

demonstration be submitted 2 years 

after the due date for the attainment 

demonstrations for reclassified areas 

(i.e., January 1 of the applicable 

attainment year) and every 3 years 

thereafter. 

For areas reclassified as Severe, where 

the initially established deadlines have 

passed or are less than 18 months from 

the effective date of reclassification, the 

EPA is requesting comment on: (1) 

establishing a default SIP submission 

deadline for all Severe area plan 

elements of 18 months after the effective 

date of reclassification or January 1 of 

the applicable attainment year, 

whichever is earlier, with an exception 

for section 185 fee program SIPs; (2) 

establishing a default SIP submission 

deadline for section 185 fee program 

SIPs of 36 months from the effective 

date of reclassification or January 1 of 

the applicable attainment year, 

whichever is earlier; and (3) requiring 

that any controls needed for meeting 

RFP or timely attainment of the ozone 

NAAQS be implemented as 

expeditiously as practicable, but no later 

than 18 months after the proposed SIP 

submission deadline or the beginning of 

the applicable attainment year ozone 

season, whichever is earlier. 

B. Status of Certain Requirements of 

Former Classification 

1. Introduction 

The EPA is also proposing to revise 

regulations to clarify whether, when an 

ozone nonattainment area is reclassified 

to a higher classification, certain ozone 

SIP requirements for that lower, former 

classification will still be required. The 


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36 89 FR 51829 (June 20, 2024). 

37As noted previously, this rule does not address 

voluntary reclassifications from Severe to Extreme. 

The EPA expects that this type of reclassification 

will be rare. We would address the status of leftover 

Severe requirements following a reclassification to 

Extreme, if any, on a case-by-case basis, should the 

need arise. 

EPA has previously established its 

statutory interpretation and position on 

the status of certain SIP requirements 

for the previous classification in 

individual SIP actions, most recently in 

a reclassification action for three 

nonattainment areas in Texas.36 This 

proposal restates these interpretations 

and proposes regulatory language to 

codify these interpretations to provide 

further clarity. Specifically, the EPA is 

restating its interpretation that ozone 

nonattainment area planning 

requirements continue to apply 

following a change in an area’s 

classification level, except where the 

EPA has specifically determined that 

the planning requirement is no longer 

applicable. Specifically, the EPA’s 

existing interpretation is that only three 

requirements applicable to the lower, 

former classification (i.e., Moderate or 

Serious) are no longer required 

following a change in the area’s 

classification (i.e., to Serious or Severe, 

respectively): (1) the attainment 

demonstration, (2) RACM, and, (3) for 

areas that are voluntarily reclassified, 

contingency measures as necessary to 

address failure to attain by the 

attainment date. 

As described elsewhere in this 

document, CAA section 182(i) specifies 

that reclassified areas must meet the 

requirements ‘‘as may be applicable to 

the area as reclassified’’ and describes 

the EPA’s authority to adjust applicable 

deadlines (except attainment dates) for 

the new classification. In contrast, the 

CAA does not specify what then 

happens to the requirements that were 

applicable to the area as it was formerly 

classified. Nevertheless, this question 

commonly arises in the ozone program 

in circumstances where an area is 

reclassified—whether mandatorily as a 

result of failure to attain pursuant to 

CAA section 181(b)(2) or voluntarily 

(i.e., at the request of a state) pursuant 

to CAA section 181(b)(3)—before the 

EPA determines that the requirements 

for the former classification have been 

met by the state. This can occur when 

reclassification takes effect before a state 

has submitted a SIP revision addressing 

the requirements applicable to the 

former classification, before the EPA has 

acted on a SIP submission to address 

such requirements, or where the EPA 

has disapproved or conditionally 

approved a SIP submission addressing 

such requirements. For the purposes of 

this proposal, the EPA refers to the 

unresolved requirements applicable to 

the former classification under any of 

these scenarios as ‘‘leftover’’ SIP 

requirements. 

As an initial matter, the Agency notes 

that when the states and EPA timely 

meet CAA-specified deadlines for 

submitting and acting on SIPs, and the 

submissions are approvable, it is 

possible for there to be no leftover SIP 

requirements, but this is not guaranteed 

for every situation. To illustrate a 

possible circumstance, consider that 

under the 2015 ozone NAAQS, the 

Marginal attainment date was August 3, 

2021. Assuming the EPA had completed 

the Marginal determinations of 

attainment by the attainment date 

(DAADs) within the 6 months provided 

by CAA section 181(b)(2) (i.e., within 6 

months of the August 3, 2021, 

attainment date), the reclassifications to 

Moderate would have taken effect no 

later than February 2022. The EPA, 

consistent with the principles 

articulated in the deadline portion of 

this document, could have established a 

SIP due date of January 1, 2023 (i.e., the 

beginning of the Moderate attainment 

year), less than 11 months after the 

reclassification took effect. Had the 

states in turn made timely and complete 

submissions by January 1, 2023, the 

EPA could theoretically have acted to 

approve or disapprove them within the 

statutory 12 months allotted, or by 

January 1, 2024. This would have 

allowed for the possibility of final 

action before the Moderate attainment 

date of August 3, 2024. Assuming, for 

the sake of illustration, that such SIPs 

were approvable, final approval before 

the attainment date would ensure that 

there would be no leftover Moderate SIP 

requirements by the time the EPA 

would be required to complete the 

Moderate area DAAD (i.e., by February 

2025) and reclassify areas to Serious if 

they fail to attain. However, 

implementation of the ozone standards 

does not always follow the most 

straightforward path. To take the 

previous example, consider the changed 

circumstances and timeframe that might 

occur if the Marginal area qualified for 

a 1-year extension of the attainment date 

(under CAA section 181(a)(5) and 40 

CFR 51.1307), but ultimately failed to 

attain by the extended attainment date 

of August 3, 2022. Even if the EPA 

issued its DAAD action reclassifying the 

area immediately after the attainment 

date (i.e., August 4, 2022), the state 

would have less than four months 

between the reclassification and its 

applicable SIP due date under this 

proposal (i.e., January 1 of the 

attainment year, 2023) to develop the 

SIP revisions, put them out for public 

notice and comment, legislatively 

approve them, and submit them to the 

EPA (see, CAA section 110(l)). This 

timeframe makes it nearly impossible 

for the state and the EPA to have 

approved Moderate area SIPs and 

controls in place to influence air quality 

to help the area attain by the Moderate 

area attainment date (i.e., August 3, 

2024). Thus, areas in circumstances like 

these may end up failing to attain by the 

Moderate area attainment date and 

being reclassified as Serious without 

having their Moderate area SIP revisions 

submitted and/or approved. Moreover, 

even where there is no attainment date 

extension, the CAA timelines under 

section 182 leave no margin for delay, 

particularly for areas that are 

reclassified by operation of law as 

Moderate or Serious. For such areas, the 

attainment year typically begins less 

than a year from when the SIP would be 

due, and the resulting timeframe for SIP 

development—which for ozone can 

involve complex analyses—is typically 

less than a year. Therefore, despite 

significant effort invested by the EPA 

and states to timely meet CAA-specified 

deadlines for ozone SIPs, these 

deadlines are sometimes not met, and 

leftover SIP requirements can result. 

Accordingly, the EPA is restating in 

this national rulemaking its 

interpretations describing whether and 

how these types of SIP requirements 

leftover from lower classifications will 

still apply following the reclassification 

to a higher classification (e.g., 

reclassification from Moderate to 

Serious). The EPA is also proposing 

regulatory text to codify these 

interpretations. If this proposed rule is 

finalized, it will codify the EPA’s 

existing interpretation that certain 

requirements applicable to the lower, 

former classification (i.e., Moderate or 

Serious) are no longer required 

following a change in the area’s 

classification. Codifying this 

interpretation will improve the EPA’s 

and states’ abilities to identify and 

timely meet SIP deadlines. 

2. Leftover SIP Requirements 

The EPA has assessed the effect of 

reclassification on each of the SIP 

requirements—referred to in this 

document as SIP elements—that apply 

to Marginal, Moderate, and Serious 

areas.37 We have concluded that certain 

SIP elements, discussed in this section, 

are explicitly tied to the current 

attainment date, and would therefore be 

mooted by reclassification. However, 


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38 In subpart 2, subsections (b) through (d) of CAA 

section 182 cover the required SIP revisions for 

Moderate (182(b)), Serious (182(c)), and Severe 

(182(d)), and those requirements are generally 

cumulative. See, e.g., CAA section 182(b) (requiring 

Moderate areas to make submissions relating to 

Marginal areas in addition to the revisions for the 

Moderate classification). 

most of the SIP elements required under 

the former classification are not 

explicitly tied to the attainment date for 

that former classification and are 

therefore unaffected by reclassification. 

The mere fact that an area is reclassified 

is not a sufficient basis to determine that 

a CAA requirement applicable to the 

prior classification no longer applies 

and there is no language in the statute 

which necessitates or even supports 

such a position. The SIP elements 

associated with each classification are 

generally cumulative from Marginal up 

to Extreme.38 The requirement to submit 

such elements remains applicable, and 

the submittal and implementation 

deadlines are unchanged. If a state 

misses the submission deadline for 

these required SIP elements and has 

been subsequently reclassified, the EPA 

is obligated under CAA section 

110(k)(1)© to issue a finding that the 

state has failed to make a complete 

submission (FFS) and promulgate a FIP 

unless the state submits, and the EPA 

approves, a corrective SIP. Thus, the 

EPA is not proposing any changes to the 

current rules with respect to these 

requirements. For clarity, the 

requirements associated with a prior 

classification that the EPA has 

concluded still apply following a 

reclassification are listed in table 2. The 

EPA has been, and will continue, to 

conduct any CAA-directed oversight on 

adherence to these listed requirements 

following reclassification. 

TABLE 2—SIP REQUIREMENTS FROM A PRIOR CLASSIFICATION THAT CONTINUE TO APPLY FOLLOWING RECLASSIFICATION

SIP requirement CAA section Regulatory cite from 40 CFR 

(if applicable) 

Marginal Area Requirements 

Emissions Inventory ........................................................................... 182(a)(3)(A) ................................ § 51.1315. 

Emissions Statement Rule ................................................................. 182(a)(3)(B) ................................ § 51.1300(p). 

Moderate Area Requirements (also includes above Marginal Area Requirements) 

15 percent rate-of-progress (ROP) plan ............................................ 182(b)(1)(a) ................................. § 51.1310. 

Contingency measures for failure to achieve ROP ........................... 172(c)(9) ..................................... N/A. 

Moderate Area RACT ........................................................................ 182(b)(2) ..................................... § 51.1312. 

NNSR Moderate Area rules ............................................................... 173 .............................................. § 51.165. 

Basic I/M ............................................................................................ 182(b)(4) ..................................... 40 CFR part 51, subpart S. 

Serious Area Requirements (also includes above Moderate Area Requirements) 

RFP .................................................................................................... 182(c)(2)(B) and (C) ................... § 51.1310. 

Serious Area RACT ........................................................................... 182(b)(2) ..................................... § 51.1312. 

Contingency measures for failure to achieve RFP ............................ 182(c)(9) ..................................... N/A. 

Enhanced I/M ..................................................................................... 182(c)(3) ..................................... 40 CFR part 51, subpart S. 

Clean-fuel Vehicle Programs ............................................................. 182(c)(4) ..................................... N/A. 

NNSR Serious Area Rules ................................................................ 173 .............................................. 51.165. 

The EPA is, however, proposing that 

following reclassification, there are 

three elements for nonattainment areas 

formerly classified as Moderate or 

Serious that are no longer required for 

the lower, former classification: (1) the 

attainment demonstration, (2) RACM, 

and (3) in the case of voluntary 

reclassification, contingency measures 

for failure to attain. These three 

elements are no longer required because 

they are explicitly tied to the applicable 

attainment date. CAA section 181(a)(1) 

provides that the attainment date for an 

ozone nonattainment area depends 

upon its classification. Therefore, when 

an ozone nonattainment area is 

reclassified, the attainment date for the 

prior classification is superseded by the 

attainment date for the new 

classification. Thus, once an ozone 

nonattainment area has been reclassified 

and as a result has a new statutory 

attainment deadline, these three 

elements are no longer required for the 

lower, former classification. Requiring a 

state to submit or the EPA to act on such 

SIP elements would make no logical or 

practical sense as described in more 

detail later in this section. 

The first proposed element that is no 

longer required is the attainment 

demonstration requirement for the 

former classification. Following 

mandatory reclassification upon failure 

to attain, the former, superseded 

classification’s attainment date is in the 

past and is no longer applicable, and it 

is no longer meaningful to evaluate 

whether a plan demonstrates that an 

area would attain by that superseded 

date. Moreover, it is impossible for a 

plan to demonstrate that an area would 

attain by that superseded date. At that 

point in time, no changes could be made 

that would change facts that have 

already come to pass (i.e., that the area 

has failed to attain by its applicable 

attainment date). For a voluntary 

reclassification that becomes effective 

before the attainment date, the former 

attainment date is likewise superseded. 

There can only be one attainment date 

that applies at any given time, and the 

CAA does not require attainment 

demonstrations for attainment dates that 

are not applicable to the area. Because 

the former classification’s attainment 

date is no longer applicable, it is 

therefore no longer relevant for the area 

to demonstrate attainment with respect 

to it (just as it is not relevant for an area 

initially classified as Serious to provide 

an attainment demonstration for a 

Moderate attainment date). Moreover, 

following voluntary reclassification, the 

EPA is no longer required to determine 

whether the area attained by the former 

attainment date. The EPA is therefore 

proposing to codify the Agency’s 

existing interpretation that the leftover 

attainment demonstration requirement 

is no longer required upon 

reclassification. 


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39 40 CFR 51.1312(c) 

40 Id. 

41See 83 FR 62998, 63008 (December 6, 2018). 

42Memorandum of December 14, 2000, from John 

S. Seitz, Director, Office of Air Quality Planning 

and Standards, re: ‘‘Additional Submission on 

RACM from States with Severe One-Hour Ozone 

Nonattainment Area SIPs.’’ https://www.epa.gov/ 

ttn/oarpg/t1/memoranda/121400_racmmemfin.pdf. 

43 ‘‘State Implementation Plans; General Preamble 

for the Implementation of Title I of the Clean Air 

Act Amendments of 1990; Proposed Rule.’’ 57 FR 

13507 (April 16, 1992). The discussion of RACM in 

that document contains other relevant history 

concerning the RACM requirement. 

44The EPA notes that most state air agencies do 

not distinguish their contingency measures 

submissions as to which measures would be 

triggered by a failure to attain versus a failure to 

meet RFP, and the EPA does not necessarily 

encourage this. Because contingency measures will 

continue to be required for RFP following voluntary 

reclassification, the practical effect of the 

contingency measures element no longer being 

required for failure to attain may be negligible in 

most cases. 

45CAA section 172(c)(9). The RFP contingency 

measure requirement is further specified in CAA 

section 182(c)(9) to be undertaken if the area fails 

to meet any applicable RFP milestone. 

46Moreover, the determination that the area failed 

to attain would actually trigger implementation of 

these contingency measures. To the extent this 

requirement is still unmet following such a 

determination, the lack of contingency measures is 

a deficiency that states must correct by developing 

and implementing such measures as soon as 

reasonably possible (See, e.g., 88 FR 67961.) 

The second element that is proposed 

to be no longer required for the lower, 

superseded classification is RACM. For 

ozone NAAQS implementation under 

subpart 2 of the CAA, the EPA’s rules 

require the RACM element to be 

submitted with the attainment 

demonstration.39 The RACM 

demonstration must show that an area 

has adopted all reasonably available 

control measures necessary to 

demonstrate attainment as expeditiously 

as practicable and meet RFP.40 The EPA 

has long evaluated RACM in terms of 

whether, beyond the control strategy 

associated with the accompanying 

attainment demonstration, there are any 

reasonably available control measures 

that could advance an area’s attainment 

date.41 The determination of whether a 

SIP contains all RACM requires an areaspecific analysis that there are no 

additional economically and 

technologically feasible control 

measures (alone or cumulatively) that 

will advance the attainment date.42 The 

EPA’s RACM policy, as outlined in the 

April 16, 1992, General Preamble, 

indicates that states should consider all 

candidate measures that are potentially 

available for the particular 

nonattainment area that could advance 

the attainment date by 1 year.43 Thus, 

the basis for our proposal that the 

attainment demonstration is no longer 

required is applicable to the RACM 

analysis as well. For a mandatory 

reclassification, this means that the 

former classification’s attainment date is 

in the past and was not met. Thus, it is 

not possible or meaningful to conduct 

an evaluation as to whether attainment 

could be achieved by the attainment 

date or advanced. Likewise, once a 

voluntary reclassification has occurred, 

it is no longer relevant to assess whether 

the former attainment date could have 

been met sooner. Thus, even though it 

may have been requested prior to the 

former attainment date, once granted, a 

voluntary reclassification would still 

render inapplicable those requirements 

specifically tied to the former, no longer 

applicable attainment date. 

Accordingly, the EPA interprets the 

CAA such that following 

reclassification, both the attainment 

demonstration and associated RACM 

analysis must be done with respect to 

the new and currently applicable 

attainment date. The CAA does not 

require attainment demonstrations (and 

accompanying RACM analysis) for 

attainment dates associated with any 

classification that is not applicable to 

the area. 

The third element that the EPA 

interprets the CAA to no longer require, 

and therefore proposes to codify into 

regulatory text through this rule, is the 

contingency measure requirement with 

respect to contingency measures that are 

only tied to the attainment date.44 The 

contingency measure provisions of the 

CAA require the submittal of measures 

that would take effect without further 

action by the EPA or the state if the area 

fails to make RFP, or fails to attain by 

the attainment date.45 Unlike the first 

two elements, the EPA is proposing that 

the contingency measure requirement 

for failure to attain would no longer be 

required only in the case of a voluntary 

reclassification which becomes effective 

before the attainment date associated 

with the prior classification. In the case 

of mandatory reclassification upon 

failure to attain, the contingency 

measure requirement for failure to attain 

would continue to apply.46

Furthermore, in no case would 

reclassification alone make the 

contingency measure requirement for 

RFP or milestone failure be no longer 

applicable. The contingency measure 

requirement for failure to attain no 

longer applies in the case of a voluntary 

reclassification because, in those 

circumstances, the state requests, and 

the EPA approves, a reclassification 

before the attainment date. When the 

area is voluntarily reclassified before the 

attainment date, the EPA is no longer 

required to determine whether the area 

attained by the former attainment date. 

Because the EPA would not issue such 

a finding of failure to attain, 

contingency measures for failure to 

attain by the attainment date associated 

with the previous classification would 

not be triggered, and thus no longer 

have logical significance. The EPA 

notes, however, that any mandatory or 

voluntary reclassification triggers the 

need to submit new contingency 

measures for failure to attain by the new 

attainment date, and further notes that 

there must still be contingency 

measures available to implement in the 

event the area fails to meet any RFP 

milestone associated with the current or 

former classification. 

Aside from these three SIP 

requirements proposed to be no longer 

applicable following reclassification, the 

EPA is not proposing any clarifications 

or changes to its interpretation regarding 

the remaining required SIP elements. 

All other Marginal, Moderate, and 

Serious area elements continue to be 

required after these areas are 

reclassified. These requirements are 

unaffected because their meaning is not 

dependent upon the attainment date 

itself. For completeness, these 

requirements are listed in table 2. 

Reclassification does not change the 

submission requirement or due date for 

these elements. For example, the 

Moderate area 15 percent rate-ofprogress (ROP) requirement of CAA 

section182(b) specifies an amount of 

reductions that must occur within 6 

years of initial designation, and this 

requirement is not tied to the applicable 

attainment date, and therefore, is 

unaffected by supersession of the 

attainment date. Similarly, the 3 percent 

RFP requirement of CAA section 

182(c)(2)(B) is expressed as an amount 

of reductions that must occur every 3 

years, beginning 6 years after initial 

designation and continuing until the 

attainment year. A new, later attainment 

date would have no effect on the 

requirement to reduce emissions in 

years 6, 9, and so on. This same 

reasoning applies to the requirement to 

have contingency measures for failure to 

meet RFP. Where an area is reclassified 

and the attainment date is superseded, 

the EPA must still determine the 

adequacy of a state’s demonstration that 

RFP milestones have been met, which, 

if inadequate, could trigger the 

implementation of contingency 

measures. Accordingly, and as 

discussed earlier, contingency measure 

submissions for this element associated 

with the current or former classification 

are still required. 

Similar reasoning applies to the other 

elements listed in table 2. RACT, I/M, 


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47 88 FR 71757 (October 18, 2023). 

48 In June 2022, the EPA released guidance on 

clean fuel fleet programs titled ‘‘Guidance for 

Fulfilling the Clean Fuel Fleets Requirement of the 

Clean Air Act’’ (EPA–420–B–22–027). This 

guidance is posted at https://www.epa.gov/stateand-local-transportation/clean-fuel-fleets-programguidance. 

NNSR, and clean-fuel vehicle elements 

are required to be implemented on 

specific timeframes that are 

independent of the attainment date and 

therefore are unaffected by its 

supersession. Changing the submission 

requirement or implementation 

deadlines for these elements that are not 

tied to the attainment date would delay 

the implementation of these measures 

beyond what the CAA intended. While 

the CAA does provide for later 

attainment dates for higher 

classifications, it does not authorize 

altering requirements that came due as 

a result of the lower classifications, 

aside from the very particular situation 

outlined for the three requirements that 

are directly dependent on the 

attainment date. For example, the CAA 

requirement in section 182(b)(2) to 

implement RACT for specified sources 

is implemented and assessed based on 

whether the RACT rules are 

implementing what is economically and 

technologically feasible. In other words, 

this analysis of whether controls 

comprise RACT is done irrespective of 

the attainment deadline and on a 

timeline that does not change if the 

attainment deadline is superseded. 

There is nothing in the CAA to suggest 

that reclassification, and the associated 

change in an area’s attainment date, 

should alter the preexisting requirement 

to submit a SIP implementing RACT 

level controls and the deadline to 

implement those controls. This same 

logic applies to all the identified SIP 

requirements not specifically tied to the 

attainment date. This also is consistent 

with the EPA’s current practice with 

respect to these requirements. 

Finally, the EPA notes that once a 

reclassification occurs, questions may 

arise as to how the EPA will implement 

the leftover SIP requirements. First, for 

the requirements that the EPA has 

determined still apply, the statutory 

planning obligations on states and the 

EPA would remain. Where a state has 

not submitted a plan addressing these 

requirements, the EPA would be 

required to issue an FFS (as it has done 

for the 2015 NAAQS Moderate SIP 

elements),47 and where a state does not 

submit an approvable plan for these 

requirements, there would be FIP and 

sanctions obligations from any resulting 

disapprovals. We will continue to work 

with states to support the development 

of approvable SIPs for these required 

elements, and where such SIPs are 

received, we intend to act on them in a 

timely manner, notwithstanding that the 

area has been reclassified since the SIPs 

came due. There may be opportunities 

for states to harmonize certain analyses 

for the new classification with 

submittals for the former classification, 

but these are situationally dependent 

and beyond the scope of this rule. As to 

the SIP elements that the EPA interprets 

to no longer be required for areas that 

have been reclassified, the EPA can 

withdraw the existing FFS for these 

elements and thereby remove associated 

FIP and sanctions obligations. Similarly, 

where a submittal is pending before the 

EPA that contains SIP elements that are 

no longer required, the EPA expects that 

a state could withdraw such a 

submission, with the expectation that 

the EPA would not issue an FFS as to 

such no longer required SIP elements. 

For such submissions that remain 

pending before the EPA and for which 

the Agency is required to take action on 

under CAA section 110(k)(2), or if there 

are no longer required elements of a 

submission that the state still wishes the 

EPA to act on, the EPA would continue 

to evaluate those submissions in light of 

its view that the approvability of such 

a submission no longer depends upon 

the attainment date associated with the 

former classification. 

C. Serious Area SIP Revisions for the 

2015 Ozone NAAQS 

Moderate nonattainment areas that 

the EPA has determined failed to attain 

the 2015 ozone NAAQS by the 

attainment date of August 3, 2024, will 

be reclassified as Serious by operation 

of law upon the effective date of the 

relevant final reclassification rule. Upon 

reclassification, each responsible state 

air agency must submit SIP revisions 

that satisfy the general air quality 

planning requirements under CAA 

section 172© and the ozone specific 

requirements for Serious nonattainment 

areas under CAA section 182©, as 

interpreted and described in the 2015 

Ozone NAAQS SIP Requirements Rule 

(see 83 FR 62998, December 6, 2018, 

and 40 CFR 51.1300 et seq.). This 

section describes the required 

submission elements for Serious 

nonattainment areas and articulates 

how, if finalized, the proposed default 

SIP submission and implementation 

deadlines in section III.A.1. of this 

document will apply to all areas 

reclassified as Serious under the 2015 

ozone NAAQS. In separate rulemakings, 

the EPA will determine whether specific 

areas classified as Moderate for the 2015 

ozone NAAQS attained the standard by 

the applicable attainment date of August 

3, 2024. The uniform deadlines the EPA 

is proposing to establish in this 

rulemaking document are intended to 

apply to all reclassified Serious 

nonattainment areas, unless otherwise 

established in a separate notice-andcomment rulemaking. 

1. Required Submission Elements 

SIP requirements that apply to areas 

classified as Serious are generally 

cumulative of CAA requirements for the 

Moderate classification and include 

additional requirements that are specific 

to areas classified as Serious, as 

interpreted and described in the final 

SIP Requirements Rule for the 2015 

ozone NAAQS (see CAA sections 

172(c)(1) and 182(b) and (c), and 40 CFR 

51.1300 et seq.). The SIP requirements 

that apply specifically to Serious areas 

include: Enhanced monitoring (CAA 

section 182(c)(1) and 40 CFR 58.10); 

Emissions inventory and emissions 

statement rule (CAA section 182(a)(1), 

CAA section 182(a)(3)(A), 40 CFR 

51.1300(p), and 40 CFR 51.1315); RFP 

(CAA section 182(c)(2)(B) and 40 CFR 

51.1310); Attainment demonstration and 

RACM (CAA section 182(c)(2(A), CAA 

section 172(c)(6), 40 CFR 51.1308, and 

40 CFR 51.1312(c)); RACT (CAA section 

182(b)(2) and 40 CFR 51.1312); 

Nonattainment New Source Review 

(NSR) (CAA section 172(c)(5), CAA 

section 173, 40 CFR 51.1314, and 40 

CFR 51.165); Enhanced I/M (CAA 

section 182(c)(3) and 40 CFR part 51, 

subpart S); Clean-fuel vehicle programs 

(CAA section 182(c)(4)); 48 and 

Contingency measures (CAA sections 

172(c)(9) and 182(c)(9)). In addition to 

these required SIP submissions, a 

demonstration evaluating the need for a 

transportation control measure program 

(CAA section 182(c)(5)) is required. 

We are providing additional 

discussion in the following sections for 

these Serious area requirements: (a) 

RACT, (b) Nonattainment New Source 

Review, and (c) Enhanced I/M. 

a. RACT 

Subpart 2 of part D of title I of the 

CAA applies a specific RACT 

requirement for all ozone nonattainment 

areas that the EPA interprets as being 

independent of the Attainment 

Demonstration and RACM elements (see 

CAA section 182(b)(2), 40 CFR 51.1112, 

and 40 CFR 51.1312). For ozone 

nonattainment areas reclassified as 

Serious, the independent analysis 

addressing RACT level controls for 

major sources must include an 

evaluation of controls for sources 

emitting 50 tons per year (tpy) or more 


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49Air agencies should review any existing 

regulation that was previously approved by the EPA 

to determine whether it is sufficient to fulfill 

obligations triggered by the reclassification. This 

review should include determining whether the 

nonattainment area boundary for the 2015 ozone 

NAAQS is consistent with the boundary for any 

previous standards. Where an air agency determines 

that an existing regulation is adequate to meet any 

newly applicable nonattainment area planning 

requirements under CAA section 182, that air 

agency’s SIP revision may provide a written 

statement certifying that determination in lieu of 

submitting new revised regulations. 

50See 83 FR 62998, 63007 (December 6, 2018) 

and 80 FR 12264, 12279 (March 6, 2015). 

51See 83 FR 62998 at 63002. 

52See Memo from John Seitz, ‘‘Reasonable 

Further Progress, Attainment Demonstration, and 

Related Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National Ambient Air 

Quality Standard’’ (1995), at 5 (explaining that 

subpart 2 requirements linked to the attainment 

demonstration are suspended by a finding that a 

nonattainment area is attaining but that 

requirements such as RACT and I/M must be met 

whether or not an area has attained the standard); 

see also 40 CFR 51.1318 (suspending attainment 

demonstrations, RACM, RFP, contingency 

measures, and other attainment planning SIPs with 

a finding of attainment). 

53Though not directly a part of a nonattainment 

area RACM analysis, the EPA has interpreted CAA 

section 172(c)(6) to require that air agencies also 

consider the impacts of emissions from sources 

outside an ozone nonattainment area (but within a 

state’s boundaries) and must require other control 

measures on these intrastate sources if doing so is 

necessary to provide for attainment of the 

applicable ozone NAAQS within the area by the 

applicable attainment date. For discussion of this 

‘‘other control measures’’ provision see also the 

final rule to implement the 2015 ozone NAAQS (83 

FR 63015, December 6, 2018), the Phase 2 proposed 

rulemaking (68 FR 32829, June 2, 2003) and final 

rule to implement the 8-hour ozone NAAQS (70 FR 

71623, November 29, 2005), and the final rule to 

implement the PM2.5 NAAQS (81 FR 58035, August 

24, 2016). 

54For Severe ozone nonattainment areas, the 

nonattainment NSR source applicability thresholds 

for major sources and major source modification 

emissions are 25 tpy for VOC and NOX, and the 

minimum emissions offset ratio is 1.30 to 1 (see 

CAA sections 182(d) and 182(d)(2)). 

55See EPA’s I/M website for a fact sheet and link 

to the I/M regulations at https://www.epa.gov/stateand-local-transportation/vehicle-emissionsinspection-and-maintenance-im-regulations. 

that are currently reasonably available, 

consistent with the definition of ‘‘major 

source’’ or ‘‘major stationary source’’ for 

areas classified as Serious (see CAA 

sections 182(c)). The RACT analysis 

must also include an evaluation of 

currently available RACT for all sources 

in the nonattainment area that emit, or 

have the potential to emit, at least 50 

tpy of VOC or NOX, as well as an 

evaluation of RACT for all sources 

subject to a Control Techniques 

Guideline (see CAA sections 182(b)(2) 

and 182(f)). The EPA recognizes that in 

the context of a reclassification to 

Serious, these areas should already have 

RACT in place to address the lower 

classification’s requirements (i.e., those 

required when the areas were 

previously classified as Moderate); 

RACT should already be implemented 

in these areas for sources that emit, or 

have the potential to emit, at least 100 

tpy of VOC or NOX. CAA subpart 2 

requirements are generally cumulative 

and, for Serious areas, states are 

required to address not only those 

requirements listed in CAA section 

182(c) but also in CAA sections 182(a) 

and (b), to the extent those requirements 

are not superseded by the more 

stringent requirements in CAA section 

182(c) and/or have not been previously 

addressed. However, the primary focus 

for states with areas reclassified as 

Serious is expected to be on identifying 

and adopting new RACT measures 

required to control sources with the 

potential to emit between 50 to 100 tpy 

of VOC or NOX, as long as the state has 

already addressed sources with at least 

100 tpy of VOC or NOX. In order to 

fulfill their Serious area SIP submission 

requirements under the 2015 ozone 

NAAQS, states may, where appropriate, 

certify that existing RACT SIP 

provisions for an area are adequate to 

address one or more Serious area 

requirements. Such certifications must 

be submitted as a SIP revision.49

As a general matter, the EPA expects 

that any new determination or 

certification that a state regulation meets 

RACT should be supported in the record 

with a state’s assessment of relevant 

information. We informally refer to this 

assessment process as ‘‘due diligence 

review’’ and consider it a necessary 

component of approvable RACT SIP 

revisions. The EPA has articulated this 

policy previously in its implementation 

rules for the 2015 and 2008 ozone 

NAAQS, indicating that states should 

refer to all relevant information 

(including recent technical information 

and information received during the 

public comment period) that is available 

at the time that they are developing 

their RACT SIPs,50 and that SIP 

certifications should explain how an 

applicable requirement is met by a 

previously approved regulation.51

The EPA has long taken the position 

that the statutory requirement for states 

to assess and adopt RACT for sources in 

ozone nonattainment areas classified 

Moderate and higher generally exists 

independently from the attainment 

demonstration for such areas.52 In 

addition to the independent RACT 

requirement, states have a statutory 

obligation to apply RACM and adopt 

such measures needed to meet RFP 

requirements and to demonstrate 

attainment as expeditiously as 

practicable when also considering 

emissions reductions associated with 

the implementation of RACT on sources 

in the area.53 Therefore, to the extent 

that a state adopts new or additional 

control measures as RACT and then 

relies on the emission reductions caused 

by those control measures to 

demonstrate RFP and/or to demonstrate 

attainment as expeditiously as 

practicable, those states must include 

such RACT revisions with the other SIP 

elements due as part of the attainment 

plan required under CAA sections 

172(c) and 182(c). 

b. Nonattainment New Source Review 

Upon reclassification, stationary air 

pollution sources in newly reclassified 

Serious nonattainment areas for the 

2015 ozone NAAQS will be subject to 

Serious ozone nonattainment area NSR 

permit requirements. The source 

applicability thresholds for major 

sources and major source modification 

emissions will be 50 tpy for volatile 

organic compounds (VOC) and nitrogen 

oxides (NOX). For new and modified 

major stationary sources subject to NSR, 

VOC and NOX emission increases from 

the proposed construction of the new or 

modified major stationary sources must 

be offset by emission reductions by a 

minimum offset ratio of 1.20 to 1 (see 

CAA section 182©(10)). We note that 

some newly reclassified Serious 

nonattainment areas for the 2015 ozone 

NAAQS may be classified as Severe 

under the 2008 ozone NAAQS and, 

therefore, the more stringent Severe area 

requirements are currently being 

implemented in those areas.54 As noted 

in section III.C.1.a. of this document, in 

order to fulfill their Serious area SIP 

submission requirements under the 

2015 ozone NAAQS, states may, where 

appropriate, certify that existing SIP 

provisions for an area are adequate to 

address one or more Serious area 

requirements. Such certifications must 

be submitted as a SIP revision. 

c. Vehicle Inspection and Maintenance 

(I/M) 

Background on I/M. Motor vehicles 

are a major contributor of ozone 

precursor (VOC and NOX) emissions. I/ 

M programs reduce these emissions by 

ensuring on-road motor vehicles are 

maintained to meet vehicle emission 

standards as certified, identify excessive 

emissions, and assure vehicle repairs.55

As mentioned in the preceding 

section, an Enhanced I/M program is a 

required Serious area SIP submission 

element for the 2015 ozone NAAQS. 

The applicable Enhanced I/M 

requirements for Serious ozone 

nonattainment areas are described in 

CAA section 182I(3) and further defined 


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56See CAA section 182(c)(3)(A). 

57An I/M performance standard is a collection of 

program design elements that defines a benchmark 

program to which a state’s proposed program is 

compared in terms of its potential to reduce 

emissions of the ozone precursors, VOC, and NOX. 

58See Performance Standard Modeling for New 

and Existing Vehicle Inspection and Maintenance 

(I/M) Programs Using the MOVES Mobile Source 

Emissions Model (October 2022, EPA–420–B–22– 

034) at https://www.epa.gov/state-and-localtransportation/vehicle-emissions-inspection-andmaintenance-im-policy-and-technical#reporting. 

59See Implementation of the 2015 National 

Ambient Air Quality Standards for Ozone: 

Nonattainment Area Classifications and State 

Implementation Plan Requirements, 83 FR 63001– 

63002. Performance standard modeling is required 

for Enhanced I/M programs for the 2015 ozone 

NAAQS in Serious and above ozone nonattainment 

areas for that NAAQS. 

60See Guidance for On-Road Testing 

Requirements for Enhanced Vehicle Inspection and 

Maintenance (I/M) Programs, EPA–420–B–20–020, 

March 2020, available at https://nepis.epa.gov/Exe/ 

ZyPDF.cgi/P100YQX8.PDF?Dockey=P100YQX8.pdf. 

61See Guidance on Biennial Performance 

Evaluation Requirements for Enhanced Vehicle 

Inspection and Maintenance (I/M) Programs, EPA– 

420–B–22–042, December 2022, available at https:// 

nepis.epa.gov/Exe/ZyPDF.cgi?

Dockey=P10168PU.pdf. 

62 40 CFR 51.360 

63 ‘‘Attainment year’’ refers to the last calendar 

year of data prior to the attainment date. Attainment 

for newly reclassified areas will be determined 

based on air quality monitoring data from the DV 

period of 2024–2026, making the attainment year 

2026. 

64 Given the timing of this proposal, for these 

reclassified Serious areas for the 2015 ozone 

NAAQS, the proposed deadline will be January 1, 

2026. 

in the EPA’s I/M regulations (40 CFR 

part 51, subpart S). The EPA is not 

proposing changes to its I/M regulations 

in this document; however, additional 

clarification in this preamble is 

provided to assist states with 

nonattainment areas subject to 

Enhanced I/M in understanding specific 

I/M program requirements due to being 

reclassified as Serious. After a Moderate 

ozone area is reclassified to Serious or 

higher, an Enhanced I/M program is 

required to be implemented in the 1990 

Census-defined urbanized area, if the 

1980 Census-defined population is 

200,000 or more (see 40 CFR 

51.350(a)(9)). 

Areas subject to Enhanced I/M 

program requirements for the 2015 

ozone NAAQS. An Enhanced I/M 

program is required for all Serious areas 

under the 2015 ozone NAAQS which 

meet the urbanized area population 

criterion.56 Consistent with the I/M 

regulations, states with these existing I/ 

M programs would need to conduct and 

submit a performance standard 57

modeling (PSM) analysis 58 as well as 

make any necessary program revisions 

as part of their Serious area SIP 

submissions for these reclassified areas 

to ensure that their I/M programs are 

operating at or above the Enhanced I/M 

performance standard level for the 2015 

ozone NAAQS. States may determine 

through the PSM analysis that an 

existing SIP-approved program would 

meet the Enhanced performance 

standard for purposes of the 2015 ozone 

NAAQS without modification. In this 

case, the state could submit a SIP 

revision with the associated 

performance standard modeling, a 

narrative describing how the regulations 

for the existing I/M program are 

consistent with EPA’s I/M regulations, 

and a written statement certifying their 

determination for the 2015 ozone 

NAAQS in lieu of submitting new 

revised regulations.59

In addition to complying with the 

Enhanced performance standard, there 

are three other requirements unique to 

Enhanced I/M programs. First, 

Enhanced I/M programs must conduct 

on-road testing of in-use vehicles for a 

small percentage of the area’s fleet of 

motor vehicles.60 Second, Enhanced I/M 

programs are required to conduct 

evaluations, and report the results of, 

the program effectiveness every 2 

years.61 Third, Enhanced I/M programs 

have stricter provisions than Basic 

programs if the program chooses to 

issue repair waivers.62 The Enhanced I/ 

M program requirements are to be fully 

implemented as expeditiously as 

practicable but no later than the 

implementation deadline determined by 

the final action of this proposal, as 

discussed in section III.A.2.c. of this 

document. 

2. Submission and Implementation 

Deadlines 

a. Submission Deadline for SIP 

Revisions 

As discussed in section III.A. of this 

document, CAA section 182(i) provides 

that areas reclassified under CAA 

section 181(b)(2) shall generally meet 

the requirements associated with their 

new classifications ‘‘according to the 

schedules prescribed in connection with 

such requirements, except that the 

Administrator may adjust any 

applicable deadlines (other than 

attainment dates) to the extent such 

adjustment is necessary or appropriate 

to assure consistency among the 

required submissions.’’ Here, the EPA 

interprets the ‘‘schedules prescribed in 

connection with such requirements’’ as 

the statutory deadlines provided to meet 

Serious area requirements. For areas 

initially classified as Serious for the 

2015 ozone NAAQS, the deadlines to 

prepare and submit SIP revisions were 

established relative to the effective date 

of designation. For those areas, the 

submission deadlines ranged from 24 to 

48 months after the effective date of 

designation, depending on the SIP 

element required (e.g., 2 years for the 

RACT SIP, 4 years for the attainment 

plan with RACM and attainment 

demonstration, and 4 years for an 

Enhanced I/M program SIP if required) 

(see 40 CFR 51.1308 and 51.1312). Areas 

initially classified as Moderate or higher 

were also required to implement RACT 

as expeditiously as practicable but no 

later than January 1 of the 5th year after 

the effective date of designations, i.e., 

January 1, 2023 (see 40 CFR 51.1312). 

The SIP submission deadlines for 

nonattainment areas initially classified 

by the EPA in 2018 as Serious have 

passed as of August 3, 2020, for the 

RACT SIP element and August 3, 2022, 

for the RACM and Serious area SIP 

elements (including Enhanced I/M). The 

EPA is therefore proposing to adjust 

applicable deadlines, as discussed in 

section III.A.1. of this document, for 

areas reclassified as Serious under the 

2015 ozone NAAQS, per its authority 

under CAA section 301(a) ‘‘to prescribe 

such regulations as are necessary to 

carry out [its] functions under [the 

CAA]’’ and its authority under CAA 

section 182(i). We recognize that the 

time between the anticipated effective 

date of reclassification and the Serious 

area attainment date in 2027 (and, 

critically, the attainment year of 2026) 63

is far less than the 9 years that areas 

initially classified as Serious have 

between designation and the attainment 

date. The EPA is proposing that it is 

necessary and appropriate to set, given 

the elapsed deadlines and this 

compressed timeline, a uniform SIP 

submission deadline for all the various 

requirements for the newly reclassified 

Serious areas. Consistent with the 

framework of establishing proposed 

default deadlines discussed in section 

III.A. of this document, because the 

initially applicable Serious area 

deadlines have already passed, those 

deadlines as proposed would be the 

earlier of 18 months from the effective 

date of reclassification or January 1, 

2026 (January 1 of the attainment 

year).64 This deadline, consistent with 

the timing and structure of subpart 2 

requirements relative to area attainment 

dates, will allow Serious area control 

measures to influence attainment by the 

Serious area attainment date while also 

balancing the need for a consistent 

submission deadline among the various 

Serious area SIP requirements. While 

not all of the ‘‘schedules prescribed in 

connection with’’ the various subpart 2 


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65 40 CFR 51.372(b)(2). 

requirements are the same for initially 

designated Serious areas (e.g., the 

statute provides 4 years to submit SIPs 

for some requirements and 2 years for 

others), coordinating the submissions 

with the same deadline is necessary and 

appropriate in this situation given the 

compressed timeline before the 

attainment date and the need for 

consistent implementation of required 

control measures for expeditious 

attainment of the NAAQS. 

The EPA recognizes that because CAA 

section 181(b)(2) requires the EPA to 

determine whether areas have attained 

by the attainment date ‘‘within six 

months of the attainment date’’ and 

because CAA section 181(b)(3) allows a 

state to request voluntary 

reclassification at any time, the effective 

date of reclassification will not 

necessarily be uniform across all 2015 

areas being reclassified to Serious. 

Therefore, the time between the 

effective date of an area’s 

reclassification and the proposed SIP 

revision deadline of January 1, 2026, 

may not be uniform across areas. It is 

the Agency’s view that the uniform 

deadline of January 1, 2026, 

nevertheless best serves the statutory 

aim of ensuring consistency across the 

required submissions. All of these areas 

will be subject to an August 3, 2027, 

attainment deadline, thus the 

attainment year will be 2026 for all of 

these areas. As previously discussed, 

the purpose of the part D nonattainment 

area requirements (i.e., the submissions 

required by subparts 1 and 2) is the 

expeditious attainment of the NAAQS 

by the attainment date, and SIP 

revisions and implementation of 

controls occurring after the attainment 

year (in this case, 2026), by definition 

cannot contribute to expeditious 

attainment of the NAAQS by the 

attainment date (which will be 

determined based on 2024–2026 air 

quality monitoring data). The January 1, 

2026, SIP revision deadline for 

reclassified Serious areas is equally 

applicable across areas, and perhaps 

more importantly, ensures that the 

newly applicable subpart 2 

requirements will be addressed 

consistent with part D’s purpose of 

achieving expeditious attainment by the 

attainment date. 

We note that ozone seasons do not 

have a uniform start date across the 

country. In some states, the ozone 

season begins January 1 and in other 

states, it begins in March. (See 40 CFR 

part 58, appendix D, section 4.1, table 

D–3). While the EPA recognizes that 

nonattainment areas located in states 

with ozone seasons that begin in March 

could potentially benefit from an extra 

2 months to develop and submit their 

SIP revisions (e.g., attainment 

demonstration, RFP plan, and 

contingency measures), the EPA also 

recognizes the value in establishing a 

single due date for Serious area SIP 

submissions that does not extend 

beyond the deadline for implementing 

such controls. Requiring states to submit 

the required Serious area SIP revisions 

by no later than January 1, 2026, will 

ensure that SIPs requiring control 

measures needed for attainment will be 

submitted prior to when those controls 

are required to be implemented and will 

also treat states consistently per CAA 

section 182(i). 

If the EPA does not finalize the 

proposed default deadlines discussed in 

section III.A. that would apply generally 

to reclassifications, the EPA proposes in 

the alternative to establish a SIP 

revision deadline of January 1, 2026, for 

all reclassified Serious area 

requirements for the 2015 ozone 

NAAQS nonattainment areas. 

The SIP revisions triggered by a 

reclassification to Serious includes a 

revision to address RACT requirements. 

The EPA’s existing implementing 

regulations for the 2015 ozone NAAQS 

established a RACT SIP submission 

deadline for reclassified areas of either 

24 months from the reclassification 

effective date or a deadline established 

by the Administrator in the 

reclassification action using the 

discretion under CAA section 182(i) (see 

40 CFR 51.1312(a)(2)(ii)). We are 

proposing to remove this provision, 

specific to the 2015 ozone NAAQS, from 

those implementing regulations and to 

instead have the new regulations 

addressing reclassified areas (discussed 

in section III.A. of this document) apply 

in this situation, or in the alternative, to 

articulate a January 1, 2026, SIP 

submission deadline for RACT revisions 

for areas reclassified as Serious for the 

2015 ozone NAAQS. 

The January 1, 2026, SIP submission 

deadline for reclassified Serious 2015 

ozone NAAQS areas also applies to 

revisions to address Enhanced I/M. 

Aligning the submittal deadline for 

Enhanced I/M for reclassified areas with 

the SIP submission deadline for all 

other SIP elements is consistent with 

the I/M regulations, which provide that 

an I/M SIP shall be submitted no later 

than the deadline for submitting the 

area’s attainment SIP.65

The EPA requests comment on a 

uniform SIP submission deadline of 

January 1, 2026, for RACT, and all other 

Serious area SIP elements (including 

Enhanced I/M) for nonattainment areas 

reclassified as Serious under the 2015 

ozone NAAQS. 

b. RACT Implementation Deadline 

With respect to implementation 

deadlines, the EPA’s implementing 

regulations for the 2015 ozone NAAQS 

require that, for areas initially classified 

as Moderate or higher, a state shall 

provide for implementation of RACT as 

expeditiously as practicable but no later 

than January 1 of the 5th year after the 

effective date of designation (see 40 CFR 

51.1312(a)(3)(i)), which corresponds 

with the beginning of the attainment 

year for initially classified Moderate 

areas (January 1, 2023). The modeling 

and attainment demonstration 

requirements for 2015 ozone NAAQS 

areas classified Moderate or higher 

require that a state must provide for 

implementation of all control measures 

needed for attainment no later than the 

beginning of the attainment year ozone 

season, notwithstanding any alternative 

deadline established per 40 CFR 

51.1312 (see 40 CFR 51.1308(d)). For 

areas that are reclassified (e.g., from 

Serious to Severe), the EPA’s existing 

implementing regulations for the 2015 

ozone NAAQS require that the state 

shall provide for implementation of 

RACT as expeditiously as practicable, 

but no later than the beginning of the 

attainment year ozone season associated 

with the reclassified area’s new 

attainment deadline, or January 1 of the 

third year after the associated SIP 

submission deadline, whichever is 

earlier; or the deadline established by 

the Administrator in the final action 

issuing the area reclassification (see 40 

CFR 51.1312(a)(3)(ii)). 

In the case of the potential reclassified 

Serious areas addressed by this 

proposal, the beginning of the ozone 

season varies among states, as stated 

earlier in this document. For some 

nonattainment areas that will 

potentially be reclassified as Serious in 

separate actions, the last ozone season 

that can impact air quality before the 

areas’ attainment date begins in January 

of the attainment year and for other 

areas it begins in March of the 

attainment year (see 40 CFR part 58, 

appendix D, section 4.1, table D–3). 

Thus, in accordance with the default 

deadlines proposed in section III.A.1.b. 

of this document, the RACT 

implementation deadline for any 

nonattainment area reclassified as 

Serious under the 2015 ozone NAAQS 

would be as expeditiously as 

practicable, but no later than the earlier 

of 18 months from the RACT SIP 

submission deadline or the beginning of 

the 2026 ozone season associated with 

the area’s new August 3, 2027, 


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66See 87 FR 60897, October 7, 2022, at 60900. 

attainment date. If the EPA does not 

finalize the proposed default deadlines 

discussed in section III.A. that would 

apply generally to reclassifications, the 

EPA proposes in the alternative to 

establish a RACT implementation 

deadline for nonattainment areas 

reclassified as Serious under the 2015 

ozone NAAQS to be as expeditiously as 

practicable, but no later than the 

beginning of the 2026 ozone season. 

c. I/M Implementation Deadline 

With respect to the implementation 

deadline for Enhanced I/M programs, 

states wishing to use emission 

reductions from their newly required 

Enhanced I/M program for the 2015 

ozone NAAQS would need to have such 

programs fully implemented as 

expeditiously as practicable but no later 

than the beginning of the ozone season 

for the applicable Serious area 

attainment year (i.e., January 1 or March 

1, 2026), whichever is applicable for a 

given area as described earlier in this 

document. This I/M implementation 

deadline for those states wishing to take 

credit for their I/M programs in their 

attainment or RFP SIPs would align 

with that of the RACT implementation 

deadline determined by the existing 

ozone NAAQS implementation rule at 

40 CFR 51.1312(a)(3)(ii), as discussed in 

section III.A.1.b. of this document, and 

with the implementation deadline at 40 

CFR 51.1308(d) for any other control 

measures necessary to attain by the 

Serious area attainment date. However, 

as noted previously, there are many 

challenges, tasks, and milestones that 

must be met in establishing and 

implementing an I/M program. The EPA 

realizes that implementing a new or 

revised I/M program on an accelerated 

timeline may be difficult to achieve in 

practice. Therefore, for the states that do 

not intend to rely upon emission 

reductions from their Enhanced I/M 

program in attainment or RFP SIPs, we 

are proposing to allow Enhanced I/M 

programs to be fully implemented no 

later than 4 years after the effective date 

of reclassification. The EPA’s 

underlying rationale for the proposed 4- 

year maximum implementation 

deadline for I/M programs required to 

conduct Enhanced I/M programs as the 

result of a mandatory reclassification to 

Serious for the 2015 ozone NAAQS is 

the same as that for the default I/M 

implementation deadline for 

reclassifications as proposed in section 

III.A.1. of this document. 

The EPA is not proposing any changes 

to the implementation of any new Basic 

I/M programs, which are still required 

by the prior rule that reclassified certain 

nonattainment areas as Moderate for the 

2015 ozone NAAQS.66

The EPA requests comment on 

requiring that any Enhanced I/M 

programs, required as a result of 

reclassification, be fully implemented as 

expeditiously as practicable but no later 

than 4 years after the effective date of 

reclassification. If a state intends to rely 

upon emission reductions from its 

newly required Enhanced I/M programs 

for the 2015 ozone NAAQS, that state 

would need to have such Enhanced 

programs fully implemented as 

expeditiously as practicable but no later 

than the beginning of the ozone season 

of the applicable attainment year (i.e., 

January 1 or March 1, 2026). 

The proposed 4-year implementation 

deadline offers the states that will be 

required to implement Enhanced I/M 

due to reclassifications the flexibility to 

fully implement the I/M programs on a 

timeline that addresses the challenges, 

especially for states new to Enhanced I/ 

M programs. 

d. Transportation Control 

Demonstration 

CAA section 182(c)(5) requires states 

with Serious ozone nonattainment areas 

to submit, 6 years after November 15, 

1990, and every 3 years thereafter, a 

demonstration as to whether current 

aggregate vehicle mileage, aggregate 

vehicle emissions, congestion levels, 

and other relevant transportation 

parameters are consistent with those 

used for the area’s demonstration of 

attainment. Six years after November 15, 

1990, was 2 years after the statutory 

deadline established to submit 

attainment demonstrations for such 

areas. To be consistent with this CAA 

schedule, the EPA is proposing to 

require that the first transportation 

control demonstration be submitted 2 

years after the attainment 

demonstrations for newly reclassified 

Serious areas are due, or January 1, 

2028, and every 3 years thereafter. The 

EPA’s rationale for the deadlines for 

submitting the initial and subsequent 

demonstration is discussed in section 

III.A.1.c. of this document. 

IV. Environmental Justice 

Considerations 

In this action, the EPA is proposing to 

establish default SIP deadlines for 

submission of SIP revisions and 

implementation of the related control 

requirements for nonattainment areas 

reclassified as Moderate, Serious, and 

Severe for current and future ozone 

NAAQS. In addition, the EPA is 

proposing to codify its existing 

interpretation that following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing certain requirements related 

to the prior classification level for an 

ozone nonattainment area. The EPA is 

also articulating how the proposed 

default deadlines and codification of 

applicable requirements following 

reclassification would apply to 

nonattainment areas reclassified as 

Serious under the 2015 ozone NAAQS. 

This action is intended to comply with 

the CAA program to ensure that affected 

air agencies comply with CAA 

obligations for the applicable 

nonattainment areas. 

It is difficult to assess the 

environmental justice (EJ) implications 

of this proposed action because the EPA 

cannot geographically identify or 

quantify resulting source-specific 

emission reductions. However, due to 

the nature of this proposed action, the 

EPA believes that it will likely have no 

adverse impact on any existing 

disproportionate and adverse effects on 

communities with EJ concerns. At a 

minimum, the EPA believes that this 

action will not worsen any existing air 

quality and is expected to ensure that 

the areas affected by the rulemaking will 

meet applicable requirements to attain 

and/or maintain national air quality 

standards. 

The EPA notes, however, that states 

have flexibility and discretion under the 

CAA in implementing their attainment 

strategies to focus resources on 

controlling those sources of emissions 

that directly and adversely affect 

communities with EJ concerns. The EPA 

strongly urges states to consider the EJ 

aspects of any control measures in order 

to provide health protection for 

communities with EJ concerns. In 

addition, the EPA strongly encourages 

states to work with communities 

experiencing EJ concerns to develop 

ozone-related control strategies that 

most effectively reduce emissions 

contributing to elevated ozone levels. 

One way to do this would be for states 

to increase opportunities for meaningful 

involvement of community groups 

during their SIP development processes. 

For example, air agencies could provide 

advance notification for communities 

with EJ concerns of upcoming 

opportunities for public comment on 

ozone SIPs and other related actions, 

such as permit actions. 

The EPA has resources available to 

help air agencies consider aspects of EJ 

in their SIP development processes. The 

EPA released EPA Legal Tools to 

Advance Environmental Justice (EJ 

Legal Tools) in 2022 to highlight the 

various environmental and civil rights 


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67 ‘‘EPA Legal Tools to Advance Environmental 

Justice,’’ (May 2022). 

68 Id. 

69 ‘‘Achieving Health and Environmental 

Protection Through EPA’s Meaningful Engagement 

Policy’’ (August 2024). 

70See, ‘‘Public Involvement Policy of the U.S. 

Environmental Protection Agency,’’ (May 2003). 

71On April 30, 2018, the OMB approved the 

EPA’s request for renewal of the previously 

approved information collection request (ICR). The 

renewed request expired on April 30, 2021, 3 years 

after the approval date (see OMB Control Number 

2060–0695 and ICR Reference Number 201801– 

2060–003 for EPA ICR No. 2347.03). On April 30, 

2021, the OMB published the final 30-day 

document (86 FR 22959) for the ICR renewal titled 

‘‘Implementation of the 8-Hour National Ambient 

Air Quality Standards for Ozone (Renewal)’’ (see 

OMB Control Number 2060–0695 and ICR 

Reference No: 202104–2060–004 for EPA ICR 

Number 2347.04). The ICR renewal was approved 

on February 1, 2022, and the renewed request 

expires on January 31, 2025. 

law authorities available to the EPA that 

authorize or address consideration of EJ 

in its decision-making process as it 

pertains to environmental laws, 

including the CAA.67 EJ Legal Tools is 

also intended to promote meaningful 

engagement among the EPA and 

communities.68 In addition, on 

September 5, 2024, the EPA announced 

the release of the final policy, 

‘‘Achieving Health and Environmental 

Protection Through EPA’s Meaningful 

Engagement Policy.’’ 69 This final policy 

updates the EPA’s 2003 Public 

Involvement Policy that guides the 

EPA’s staff to provide meaningful public 

involvement in all its programs and 

regions.70

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined by 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This proposed rule does not impose 

any new information collection burden 

under the PRA not already approved by 

the Office of Management and Budget. 

This action proposes to establish 

deadlines for submission of required SIP 

revisions and implementation of the 

related control requirements for newly 

reclassified Moderate, Serious, and 

Severe ozone nonattainment areas. This 

action also proposes to codify the EPA’s 

existing interpretation that following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing certain requirements related 

to the prior classification level for an 

ozone nonattainment area. Thus, the 

proposed action does not impose any 

new information collection burden 

under the PRA. OMB has previously 

approved the EPA’s information 

collection activities contained in the 

existing regulations and has assigned 

OMB control number 2060–0695.71

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. The proposed SIP submittal 

and implementation deadlines, and the 

policy discussion outlining the EPA’s 

interpretation of the status of certain 

requirements for prior nonattainment 

classifications following reclassification, 

do not in and of themselves create any 

new requirements beyond what is 

mandated by the CAA. Instead, this 

rulemaking is administrative in nature, 

and does not directly regulate any 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The division of 

responsibility between the federal 

government and the states for purposes 

of implementing the NAAQS is 

established under the CAA. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This action will not 

impose substantial direct costs upon the 

tribes, nor will it preempt tribal law. 

The CAA requires SIP revisions for all 

nonattainment areas that are reclassified 

from a lower classification to a higher 

classification. For nonattainment areas 

that include portions of Indian 

reservation lands, the implementation 

plan deadlines that apply to states do 

not directly apply to tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. Therefore, this action 

is not subject to Executive Order 13045 

because it does not directly concern an 

environmental health risk or safety risk. 

Since this action does not directly 

concern human health, the EPA’s policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that the human 

health or environmental conditions that 

exist prior to this action have the 

potential to result in disproportionate 

and adverse human health or 

environmental effects on communities 

with EJ concerns. The EPA believes that 

this action is not likely to change 

existing disproportionate and adverse 

effects on communities with EJ 

concerns. The areas impacted by this 

action are designated as nonattainment 

for one or more ozone NAAQS and this 

action is intended to comply with the 

CAA program to ensure attainment and 

maintenance of the NAAQS. From a 

programmatic perspective, this action is 

intended to ensure that affected air 

agencies comply with CAA obligations 

for the applicable nonattainment areas. 

The EPA did not perform an EJ 

analysis and did not consider EJ as a 

basis for this action. While it is difficult 

to assess the EJ implications of this 

proposed action because the EPA cannot 


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72 In deciding whether to invoke the exception by 

making and publishing a finding that this action, if 

finalized, is based on a determination of nationwide 

scope or effect, the Administrator intends to take 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of agency resources. 

73 In the report on the 1977 Amendments that 

revised CAA section 307(b)(1), Congress noted that 

the Administrator’s determination that the 

‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323–24, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

geographically identify or quantify 

resulting source-specific emission 

reductions that are ultimately 

determined by air agencies, the EPA 

believes that this proposed action is 

likely to have no impact on any existing 

disproportionate and adverse effects on 

communities with EJ concerns. Further, 

there is no information in the record 

inconsistent with the stated goals of 

E.O.s 12898 or 14096. 

K. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit: (i) When the agency 

action consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in 

(ii).72

The EPA is proposing to establish SIP 

submission and implementation 

deadlines for all newly reclassified areas 

nationwide using a common, 

nationwide method. The EPA is also 

proposing to codify its existing 

interpretation that, following 

reclassification, a state is no longer 

required to submit SIP revisions 

addressing certain requirements related 

to the prior classification level for an 

ozone nonattainment area. This action, 

if finalized, would impact jurisdictions 

with ozone nonattainment areas across 

the country, covering potentially every 

judicial circuit. 

If the Administrator takes final action 

on this proposal, then, in consideration 

of the effects of the action across the 

country, the EPA views this action to be 

‘‘nationally applicable’’ within the 

meaning of CAA section 307(b)(1). In 

the alternative, to the extent a court 

finds this proposal, if finalized, to be 

locally or regionally applicable, the 

Administrator intends to exercise the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).73

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

Title 40, Chapter I of the Code of 

Federal Regulations as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart CC—Provisions for 

Implementation of the 2015 Ozone 

National Ambient Air Quality 

Standards 

§ 51.1312 [Amended] 

■ 2. Amend § 51.1312 by removing and 

reserving paragraphs (a)(2)(ii) and 

(a)(3)(ii). 

■ 3. Add subpart DD consisting of 

§§ 51.1400 through 51.1403 to part 51 to 

read as follows: 

Subpart DD—Requirements for 

Reclassified Ozone Nonattainment 

Areas 

Sec. 

51.1400 Definitions. 

51.1401 Applicability of part 51. 

51.1402 SIP submission and control 

measure implementation deadlines for 

reclassified ozone nonattainment areas. 

51.1403 Applicability of ozone SIP 

requirements for former classification 

after reclassification. 

§ 51.1400 Definitions. 

The following definitions apply for 

purposes of this subpart. Any term not 

defined herein shall have the meaning 

as defined in § 51.100. 

Attainment year means the calendar 

year in which the attainment year ozone 

season occurs. 

Attainment year ozone season means 

the full ozone season immediately 

preceding a nonattainment area’s 

maximum attainment date. 

CAA means the Clean Air Act as 

codified at 42 U.S.C. 7401–7671q 

(2010). 

Former attainment date means the 

attainment date associated with the 

classification under subpart 2 of part D 

of title I of the CAA immediately 

preceding reclassification from a lower 

classification to a higher classification. 

Former classification means the 

classification under subpart 2 of part D 

of title I of the CAA immediately 

preceding reclassification from a lower 

classification to a higher classification. 

Higher classification/lower 

classification means for purposes of 

determining which classifications are 

higher or lower, the classifications are 

ranked from lowest to highest as 

follows: Marginal; Moderate; Serious; 

Severe-15; Severe-17; and Extreme. 

I/M refers to the inspection and 

maintenance programs for in-use 

vehicles required under the 1990 CAA 

Amendments and defined by subpart S 

of 40 CFR part 51. 

Initially classified means the first 

nonattainment classification that 

becomes effective for an area for a 

specific ozone NAAQS and does not 

include reclassification to another 

classification for that specific NAAQS. 

Initially designated means the first 

designation to nonattainment that 

becomes effective for an area for a 

specific ozone NAAQS. 

Ozone season means for each state (or 

portion of a state), the ozone monitoring 

season as defined in 40 CFR part 58, 

appendix D, section 4.1(i) for that state 

(or portion of a state). 

§ 51.1401 Applicability of part 51. 

The provisions in subparts A through 

Y, AA, and CC of this part apply to 

reclassified nonattainment areas for 

purposes of the ozone NAAQS to the 

extent they are not inconsistent with the 

provisions of this subpart. 

§ 51.1402 SIP submission and control 

measure implementation deadlines for 

reclassified ozone nonattainment areas. 

(a) Deadlines for applicable 

requirements pursuant to a 

reclassification as Moderate, Serious, or 

Severe that are 18 months or more after 

the effective date of reclassification will 

apply to such reclassified area as though 

the area were initially designated at that 

classification. 


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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Proposed Rules 80853 

(b) Deadlines for applicable 

requirements pursuant to a 

reclassification as Moderate, Serious, or 

Severe, where the deadline that would 

have applied had the area been initially 

classified at the new classification level 

at the time of initial nonattainment area 

designations is less than 18 months after 

the effective date of reclassification; 

(1) SIP submission deadlines. 

(i) For all SIP revisions required 

pursuant to reclassification (except SIPs 

addressing CAA section 185 fee 

programs), the SIP revision deadline is 

18 months after the effective date of the 

relevant reclassification or January 1 of 

the attainment year, whichever is 

earlier, unless the Administrator 

establishes a different deadline in a 

separate action. 

(ii) For SIP revisions addressing CAA 

section 185 fee programs required 

pursuant to reclassification, the SIP 

revision deadline is 36 months after the 

effective date of the relevant 

reclassification or January 1 of the 

attainment year, whichever is earlier, 

unless the Administrator establishes a 

different deadline in a separate action. 

(2) Control measure implementation 

deadlines. 

(i) For RACT required pursuant to 

reclassification, the state shall provide 

for implementation of such RACT as 

expeditiously as practicable, but no later 

than 18 months after the RACT SIP 

submittal deadline or the beginning of 

the attainment year ozone season 

associated with the area’s new 

attainment deadline, whichever is 

earlier, unless the Administrator 

establishes a different deadline in a 

separate action. 

(ii) For the required I/M program 

pursuant to reclassification, the state 

shall provide for full implementation of 

such I/M program as expeditiously as 

practicable, but no later than 4 years 

after the effective date of the relevant 

reclassification, unless the I/M program 

is needed for attainment by the 

attainment date or RFP, in which case 

the state shall provide for full 

implementation of such I/M program no 

later than the beginning of the 

attainment year ozone season. 

§ 51.1403 Applicability of ozone SIP 

requirements for former classification after 

reclassification. 

(a) Upon the effective date of 

reclassification, the requirements of any 

subpart of this part with respect to 

ozone nonattainment planning 

applicable to the area for the former 

classification shall apply as follows: 

(1) Unless specified in (2) or (3), the 

requirement is unaffected by 

reclassification and continues to be 

required for the former classification. 

(2) The following requirements are no 

longer applicable with respect to the 

former attainment date: 

(i) A SIP revision to demonstrate 

attainment by such date. 

(ii) A SIP revision demonstrating 

adoption of all RACM necessary to 

demonstrate attainment with respect to 

such date. 

(2) If the reclassification occurred 

prior to the former attainment date 

pursuant to CAA section 181(b)(3), the 

plan requirement for contingency 

measures for failure to attain by such 

date is no longer applicable with respect 

to the former attainment date. 

(b) Nothing in this section shall affect 

the requirements applicable to the 

nonattainment area under its currently 

applicable classification and attainment 

date. 

[FR Doc. 2024–22008 Filed 10–3–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R07–UST–2023–0534; FRL–11633– 

01–Region 7] 

Iowa: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State of Iowa’s 

Underground Storage Tank (UST) 

program submitted by the Iowa 

Department of Natural Resources (DNR). 

This action is based on the EPA’s 

determination that these revisions 

satisfy all requirements needed for 

program approval. This action also 

proposes to codify EPA’s approval of 

Iowa’s State program and incorporate by 

reference those provisions of the State 

regulations that we have determined 

meet the requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: Comments on this proposed rule 

must be received on or before November 

4, 2024. 

ADDRESSES: Submit comments, 

identified by EPA–R07–UST–2023– 

0534, by one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: pomes.michael@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–UST–2023– 

0534. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and also with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

document for assistance. You can view 

and copy the documents that form the 

basis for this codification and associated 

publicly available materials either 

through www.regulations.gov or by 

contacting Angela Sena at (913) 551– 

7989 or sena.angela@epa.gov. Please 

call or email the contact listed above if 

you need access to material indexed but 

not provided in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Michael L Pomes, Remediation Branch, 

Land, Chemical, and Redevelopment 

Division, U.S. Environmental Protection 

Agency, Region 5, 77 W Jackson 


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